• Advertisement
To advertise, place classifieds free ads by category in a forum as a new topic, or in the classified display ads section, or start a classifieds free blog.

The Guidelines For Protection Of Transgender Prisoners Just Got Rewritten

The Guidelines For Protection Of Transgender Prisoners Just Got Rewritten

Postby smix » Sun May 13, 2018 7:29 am

The Guidelines For Protection Of Transgender Prisoners Just Got Rewritten
NPR

URL: https://www.npr.org/sections/thetwo-way ... -rewritten
Category: Prison
Published: May 12, 2018

Description: The U.S. Federal Bureau of Prisons released revisions to its Transgender Offender Manual on Friday. Notably, the rewritten manual gets rid of language asking that an inmate's gender identity, not the sex they were assigned at birth, be considered when recommending a housing facility for them. The initial manual, dated Jan. 18, 2017, states: "The TEC [Transgender Executive Council] will recommend housing by gender identity when appropriate." In the revised version, which was approved by the Federal Bureau of Prisons Director Mark S. Inch, that sentence has been struck. The language in the revised version instead insists that facility assignments for transgender inmates be assessed on "a case-by-case basis." The guidelines now say that the Transgender Executive Council "will use biological sex as the initial determination" for facility assignment for transgender inmates, and a transgender inmate would be assigned to a facility based on their identified gender only "in rare cases." To make a determination about placement, the Council can consider the inmate's health and safety, the inmate's history of behavior and the security of the institution and its inmates. According to the revisions, an inmate may also be assigned to a facility based on their self-identified gender if "there has been significant progress towards transition as demonstrated by medical and mental health history." Prison wardens are permitted to recommend transferring an inmate based on their identified gender as well. The rewrite also adds the word "necessary" to a sentence where the word did not previously appear: "Hormone and other necessary treatment may be provided after an individualized assessment of the requested inmate by institution medical staff." Buzzfeed News has reported that the addition of the word indicates "the agency will make determinations about what sort of hormone therapies and other gender transition services are required." The stated purpose of the manual itself has changed, too. Before, its mandate was, "To ensure the Bureau of Prisons properly identifies, tracks, and provides services to the transgender population." The new guidelines add a clause to the end of that statement of purpose. It now says: "To ensure the Bureau of Prisons properly identifies, tracks, and provides services to the transgender population, consistent with maintaining security and good order in Federal prisons." In 2012, NPR's Carrie Johnson reported on President Obama's announcement that the 2003 Prison Rape Elimination Act applied to people in all federal facilities, not just those overseen by the Justice Department and Federal Bureau of Prisons. Some new standards accompanied the expansion of that law:
"The new standards forbid pat downs of female inmates by guards of the opposite sex, require prisons to do more to advise inmates of their rights and services that could help them, and impose audits every three years by an independent overseer. The standards also direct authorities to decide on a case by case basis whether to house transgender inmates in a male or female facility."

A statement released Friday by the National Center for Transgender Equality accuses the new Bureau of Prisons revisions of violating that law:
"This change stands in direct defiance of the Prison Rape Elimination Act, which mandates prison officials must screen all individuals at admission and upon transfer to assess their risk of experiencing abuse. The new policy strips away these guidelines and encourages broad, blanket placement of prisoners based on their sex assigned at birth."

But Nancy Ayers, a spokesperson for the Bureau of Prisons, told Buzzfeed News she believes the policy does consider individual needs in accordance with the Prison Rape Elimination Act: "The manual now addresses and articulates the balance of safety needs of transgender inmates as well as other inmates, including those with histories of trauma, privacy concerns, etc., on a case-by-case basis," she says. A Justice Department filing from August 2017 foreshadowed these changes. The filing was part of a case in which four evangelical Christian women – Rhonda Fleming, Jeanette Driever, Charlsa Little and Brenda Rhames – challenged Obama-era guidelines for transgender inmates in U.S. District Court. In the lawsuit, the women argued the Bureau of Prisons was violating their constitutional rights by placing transgender inmates in the women's facilities they were housed in. The August 2017 filing said the women did not have a strong case at that time. The transgender inmates housed at the two facilities in question — Federal Medical Center, Carswell and Federal Prison Camp, Bryan — were not housed in the same units as the plaintiffs. In addition, the women alleged that the transgender inmates they named in the case had committed certain acts against them, but the Bureau of Prison's investigation failed to find enough evidence to prove those allegations to be true. But, the filing did anticipate that Attorney General Jeff Sessions' new appointee for Federal Bureau of Prisons Director, Mark S. Inch, would likely reevaluate the underlying issues of the four women's case. Friday's revisions are perhaps part of that predicted reevaluation.
User avatar
smix
 
Posts: 1916884
Images: 1
Joined: Sat Aug 10, 2013 8:05 am
Blog: View Blog (0)

The Trump Administration Just Rolled Back Rules That Protect Transgender Prisoners

Postby smix » Sun May 13, 2018 7:49 am

The Trump Administration Just Rolled Back Rules That Protect Transgender Prisoners
BuzzFeed News

URL: https://www.buzzfeed.com/dominicholden/ ... rotections
Category: Prison
Published: May 11, 2018

Description: The Bureau of Prisons is making the change after four evangelical Christian women in a Texas prison sued.
The Trump administration on Friday rolled back rules that allowed transgender inmates to use facilities that match their gender identity, including cell blocks and bathrooms, thereby reversing course on an Obama administration effort to protect transgender prisoners from sexual abuse and assault. The Bureau of Prisons now “will use biological sex” to make initial determinations in the type of housing transgender inmates are assigned, according to a notice posted Friday evening that modifies the previous policy. “The designation to a facility of the inmate’s identified gender would be appropriate only in rare cases,” the new Transgender Offender Manual now says. While the policy says a transgender inmate’s safety should be considered, officials also must “consider whether placement would threaten the management and security of the institution and/or pose a risk to other inmates in the institution.” The policy apparently gives federal officials, for example, more leeway to place transgender women in cells alongside men — a circumstance that transgender advocates argue leaves transgender inmates vulnerable to violence and rape. The shift comes after four evangelical Christian women in a Texas prison sued in US District Court to challenge the Obama-era guidelines, and claimed sharing quarters with transgender women subjected them to dangerous conditions. Their complaint alleged housing transgender women — whom it calls “men” — along with the general female population ”creates a situation that incessantly violates the privacy of female inmates; endangers the physical and mental health of the female Plaintiffs and others, including prison staff; [and] increases the potential for rape.” Their lawsuit took aim at regulations established in 2012 to protect transgender inmates from violence under the Prison Rape Elimination Act and a guidance memo — issued days before Obama left office — on how to handle transgender inmates. The memo noted that transgender prisoners face an "increased risk of suicide, mental health issues and victimization." The rules said officials must give “serious consideration” to the wishes of transgender and intersex inmates when assigning facilities, while also instructing prison staff to “consider on a case-by-case basis whether a placement would ensure the inmate’s health and safety, and whether the placement would present management or security problems.” The policy said a transgender person’s gender identity should also be taken into account when conducting searches, using pronouns, offering healthcare services, and supplying undergarments. The guidance also instructed officials to survey the transgender inmate population and issue an annual report on their condition. Under Trump, however, the Justice Department filed a brief last August in the Texas lawsuit that said it would "will evaluate the issues in this case and how the challenged regulation and policies apply to Plaintiffs." On Friday, having evaluated those issues, the Bureau of Prisons issued the guidelines that instruct officials to “use biological sex as the initial determination for designation” for screening, housing, and offering programming services, saying the policy is “consistent with maintaining security and good order in Federal prisons.” The new guidance also inserts the word “necessary” into a section of the manual on hormone and medical treatment, indicating the agency will make determinations about what sort of hormone therapies and other gender transition services are required. Nancy Ayers, a spokesperson for the Bureau of Prisons, told BuzzFeed News the policy considers the needs of transgender inmates and other inmates in accordance with the Prison Rape Elimination Act regulation. "The manual now addresses and articulates the balance of safety needs of transgender inmates as well as other inmates, including those with histories of trauma, privacy concerns, etc., on a case-by-case basis," she said. The National Center for Transgender Equality, an advocacy group, condemned the move. "The extreme rates of physical and sexual violence faced by transgender people in our nation’s prisons is a stain on the entire criminal justice system," said Mara Keisling, executive director of the NCTE. "Instead of leaving the existing policy alone, the administration is clearly prepared to encourage federal prisons to violate federal law and advance its own inhumane agenda.”
User avatar
smix
 
Posts: 1916884
Images: 1
Joined: Sat Aug 10, 2013 8:05 am
Blog: View Blog (0)


  • Similar Topics
    Replies
    Views
    Last post

Return to Prison


Mobile Device
  • 1
  • FREE CLASSIFIED ADS
    Free Classified Ads
    There are 3 ways to advertise - your choice: you can place free ads in a forum topic, in the classified display ads section, or you may start your own free blog. Please select the appropriate category and forum for the ad content before you post. Do not spam.
    Caveat emptor - let the buyer beware. Deal at your own risk and peril.
  • Advertisement