U.S. Department of Justice

Lesbian, Gay, Bisexual, Transgender and Intersex Offenders

This web page has been developed in an effort to provide current and useful information to correctional agencies regarding the safe and respectful management of lesbian, gay, bi-sexual, transgender and intersex (LGBTI) offenders. Relying on a best practices approach, this information will enable corrections staff to make better informed decisions about the safety, security, treatment and care of LGBTI offenders by providing academic, cultural and legal perspectives of the issues that make this group unique.

Particular topics for consideration include intake procedures, classification, placement and housing, medical and mental health care and treatment, suicide prevention, potential victimization, policy development, staff and offender education, and supervision in the community, as well as other related areas.

For example, surveys conducted by the Bureau of Justice Statistics indicate that non-heterosexual adult offenders report higher rates of sexual victimization while in custody, and similar surveys in juvenile facilities show even higher rates of sexual victimization among non-heterosexual juvenile offenders. Similarly, a 2009 research report cited findings that transgender offenders experienced sexual victimization at a rate thirteen times higher than a random sampling of offenders in the same facility. Such evidence indicates that LGBTI offenders are at increased risk for sexual victimization while in custody, and agencies that ignore this may be placing themselves at risk for litigation.

Changes in federal and state legislation, court decisions, settlement agreements and the Prison Rape Elimination Act (PREA) standards are also important factors in the management of LGBTI offenders in correctional settings and should be carefully reviewed.

Agencies wishing to examine and improve their response to the management of LGBTI offenders may apply for limited, short-term technical assistance to aid their efforts.

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Recommended Reading

Date Title Type
2012
Document preview
LGBTI: Lesbian, Gay, Bisexual, Transgender, and Intersex Offenders (Selected Resources for Criminal Justice Professionals)
National Institute of Corrections Information Center (Aurora, CO).
“This annotated bibliography has been developed in an effort to provide current and useful information to correctional agencies regarding the safe and respectful management of lesbian, gay, bisexual, transgender and intersex (LGBTI) offenders. Relying on a best practices approach, this information will enable corrections staff to make better informed decisions about the safety, security, treatment and care of LGBTI offenders by providing academic, cultural and legal perspectives of the issues th... Read More
PDF
20 pages
2009
Document preview
Handbook on Prisoners with Special Needs
United Nations. Office on Drugs and Crime (Vienna, Austria).
“This handbook covers the special needs of the eight groups of prisoners, which have a particularly vulnerable status in prisons” (p.1). The groups of prisoners are those with mental health care needs, those with disabilities, ethnic and racial minorities and indigenous peoples, foreign national prisoners, lesbian, gay, bisexual, and transgender (LGBT) prisoners, older prisoners, prisoners with terminal illness, and prisoners under sentence of death. Each group has its own chapters comprised of:... Read More
PDF
180 p.
2009
Document preview
Large Jail Network Meeting, March 29-31. 2009, Aurora, Colorado
By Clem, Constance. Clem Information Strategies (Longmont, CO); National Institute of Corrections. Jails Division (Washington, DC).
Contents of these proceedings are: introduction; meeting take-aways in brief; illegal alien programs; proactive discipline, part 2; PREA update; intersex and transgender issues; Legal Issues in Jails--2009; open forum; announcements; LJN business; final meeting agenda; participant list; and index of past LJN meeting topics.... Read More
PDF
61 p.
2010
Document preview
Why It Matters: Rethinking Victim Assistance for Lesbian, Gay, Bisexual, Transgender, and Queer Victims of Hate Violence & Intimate Partner Violence
By Ciarlante, Mitru; Fountain, Kim. National Center for Victims of Crime (Washington, DC); National Coalition of Anti-Violence Programs (NCAVP) (New York, NY).
Advocates for the safety of lesbian, gay, bisexual, transgender, and queer (LGBTQ) crime victims and victim service providers need to read this report. Results from a survey of whether LGBTQ crime victims have adequate access to victim services are presented. Sections of this document include: introduction; what we don’t know; what we learned—findings; recommendations; and conclusion. Serious gaps exist in “culturally competent service provision” to LGBTQ victims which “compromises the safety of... Read More
PDF
22 p.
2009
Document preview
Where the Margins Meet: A Demographic Assessment of Transgender Inmates in Men's Prisons
By Sexton, Lori; Jenness, Valarie; Sumner, Jennifer. California Dept. of Corrections and Rehabilitation (Sacramento, CA); University of California, Irvine. School of Social Ecology (Irvine, CA).
"[T]his research provides the first empirical portrayal of a prison population in California that is unique by virtue of being both transgender and incarcerated" (p. 1). Sections of this document include: abstract; introduction; research methodology and data; findings for education and employment, health, sex work, homelessness, victimization, and self and identity; and discussion. Overall, transgender inmates are marginalized from other prisoners.... Read More
PDF
48 p.
2009
Document preview
Transgender Inmates in California's Prisons: An Empirical Study of a Vulnerable Population
By Jenness, Valerie. University of California, Irvine. Center for Evidence-Based Corrections (Irvine, CA).
Copies of overheads are provided for a presentation about issues surrounding the incarceration of transgender individuals. Topics covered include: backdrop for research; six good reasons to study transgender inmates; “transgender” means different things to different communities; major findings of the California prison study; demographic profile; aggregate prevalence rate; prevalence by characteristics of transgender inmates; prevalence by characteristics of prisons; prevalence by housing assign... Read More
PDF
94 p.
2009
Document preview
Gender Classification and Housing
District of Columbia Dept. of Corrections (Washington, DC).
This policy describes the provision of "the appropriate treatment of transgender, transsexual, inter-sex, and gender variant persons who are incarcerated and housed within the DC DOC" (p. 1). Procedures cover initial intake and housing.... Read More
PDF
5 p.
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