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
Identification, Treatment and Correctional Management of Inmates Diagnosed with Gender Identity Disorder (GID)
Massachusetts Dept. of Correction (Milford, MA).
“The purpose of this policy is to establish guidelines for the identification, treatment, and institutional management of inmates diagnosed with Gender Identity Disorder (GID)” (p. 1). Procedures cover: responsibilities of the GID clinical supervision group; responsibilities of the GID Treatment Committee; identification and diagnosis of inmates with GID; treatment planning for inmates with GID; reporting; security review; and management and placement. A sample “Gender Identity (GID) Mental Heal... Read More
PDF
18 pages
2012
Document preview
LGBTI Populations: Their Safety, Your Responsibility [Satellite/Internet Broadcast]
National Institute of Corrections (Washington, DC).
Correctional agencies face many challenges surrounding the safe management of the populations they house and supervise. Due in part to changes in federal and state laws and the outcome of successful offender litigation, care and management of the LGBTI population has been identified as an emerging correctional issue that deserves special attention. While gender non-conforming offenders have always been present in facilities and on caseloads, we now have the opportunity to share information about... Read More
VIDEO
2012
Document preview
Transgender and Gender-Variant Inmates
Denver Sheriff Department. Office of the Director of Corrections/Undersheriff (Denver, CO).
This order provides guidelines that will “facilitate the elimination of discrimination against; and/or address the appropriate treatment of; and/or provide for the safety, security and medical needs of transgender and gender-variant inmates” (p. 1). Implementation and procedural guidelines cover: intake and initial classification; searches; Blue Cards; medical staff notification; Transgender Review Board; long-term housing and classification; medical assessment and treatment; responsibility for ... Read More
PDF
11 pages
2012
Document preview
A Quick Guide for LGBTI Policy Development for Adult Prisons and Jails
National Institute of Corrections (Washington, DC). The Moss Group, Inc. (Washington, DC); National Institute of Corrections (Washington, DC).
“This Quick Guide will help agencies and facilities develop a comprehensive response to working with lesbian, gay, bisexual, transgender and intersex (LGBTI) inmates. It is not meant to provide an answer to every question or an in-depth discussion of all issues that agencies face or that the LGBTI population faces while in custody. It provides an overview of the important issues that agencies should consider when working to house and treat LGBTI inmates in a way that is safe and consistent with ... Read More
PDF
24 pages
2012
Document preview
A Quick Guide for LGBTI Policy Development for Youth Confinement Facilities
National Institute of Corrections (Washington, DC). The Moss Group, Inc. (Washington, DC); National Institute of Corrections (Washington, DC).
“This Quick Guide will help agencies and facilities develop a comprehensive response to working with lesbian, gay, bisexual, transgender and intersex (LGBTI) youth. It is not meant to provide an answer to every question or an in-depth discussion of all issues that agencies face or that the LGBTI population faces while in custody. It provides an overview of the important issues that agencies should consider when working to house and treat LGBTI youth in a way that is safe and consistent with an a... Read More
PDF
24 pages
2009
Document preview
Where the Margins Meet: A Demographic Assessment of Transgender Inmates in Men's Prisons
By Sexton, Lori; Jenness, Valerie; Sumner, Jennifer. California Dept. of Corrections and Rehabilitation (Sacramento, CA); University of California, Irvine. School of Social Ecology (Irvine, CA). University of California, Irvine. Center for Evidence-Based Corrections (Irvine, CA).
This “research provides the first systematic empirical portrayal of a population that is exceptionally vulnerable by virtue of being both transgender and incarcerated. The focus is on demographic and well-being factors that characterize this population in ways that render it distinct from other inmate populations as well as populations of people who are not incarcerated” (p. 6). Findings are reported for education and employment, marital status, health (including metal health, substance abuse, a... Read More
PDF
49 pages
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.
2010
Document preview
Why It Matters: Rethinking Victim Assistance for Lesbian, Gay, Bisexual, Transgender, and Queer Victims of Hate Violence & Intimate Partner Violence
National Center for Victims of Crime (Washington, DC); National Coalition of Anti-Violence Programs (NCAVP) (New York, NY).
“The National Center and NCAVP [National Coalition of Anti-Violence Programs] began this collaborative survey and report to gain a better understanding of the victim services provided to LGBTQ [lesbian, gay, bisexual, transgender, and queer] victims of crime throughout the United States. The focus of this joint policy report is on the crimes of hate violence and intimate partner violence against LGBTQ people … This report confirms that gaps in services for LGBTQ victims of violence exist and sho... Read More
PDF
25 pages
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.
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.
2011
Document preview
Criminal Justice? New Fast Facts about Transgender People, Police, and Incarceration
FORGE (Milwaukee, WI).
Highlights from a survey of transgender or gender non-conforming people regarding their involvement with police and experiences while incarcerated are presented. Statistics are presented concerning: the percentage of individuals having contact with police; how comfortable this population is asking for help from the police; individuals assaulted by the police; the percentage of individuals sent to jail or prison; and the percentage of those assaulted while incarcerated. The survey is called “Inju... Read More
PDF
1 page
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.
2010
Document preview
Toilet Training Companion Guide for Activists and Educators
Sylvia Rivera Law Project (SRLP) (New York, NY).
Even though this guide is intended to accompany a video about bathroom access for transgender and gender non-conforming individuals, it is an excellent resource that can be used by itself. It aims to “start conversations not only about trans bathroom access, but also about the impact of all sex-segregated facilities (shelters, jails and prisons, group homes, drug treatment facilities, etc.) on people who do not fit within gender norms. This is one of the most controversial and important fronts i... Read More
PDF
23 pages
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