U.S. Department of Justice

Lesbian, Gay, Bisexual, Transgender and Intersex Offenders

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Topics In the Library

This webpage 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 correctional staff to make better 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 in consideration of policy development.

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

Recommended Reading

Date Title Type
2014
Document 031373
Policy Review and Development Guide: Lesbian, Gay, Bisexual, Transgender, and Intersex Persons in Custodial Settings, 2nd Edition
By Smith, Brenda V.; Yarussi, Jaime M.. NIC-13CS17GKN9; National Institute of Corrections (Washington, DC). National Institute of Corrections (Washington, DC) ; Smith Consulting (Washington, DC) ; American University. Washington College of Law. Project on Addressing Prison Rape (Washington, DC) .
"In the first edition of this guide, we aimed to reach out to correctional agencies in order to help them identify, address, and respond to abuse of LGBTI individuals through agency policies and procedures. We hoped to deepen the dialogue between staff and administrators as well as community leaders and criminal justice advocates about strategies to eliminate abuse of LGBTI individuals in custody. The second edition of this guide provides updated key information to correctional agencies about PR... Read More

96 pages
2015
Document 029934
Transgender, Transsexual, and Gender Nonconforming Health Care in Correctional Settings
National Commission on Correctional Health Care (NCCHC) (Chicago, IL).
"Transgender people face an array of risks to their health and well-being during incarceration, and are often targets of physical assault and emotional abuse. They are commonly placed in correctional facilities according to their genitals and/or sex assigned at birth, regardless of their gender presentation. The health risks of overlooking the particular needs of transgender inmates are so severe that acknowledgment of the problem and policies that assure appropriate and responsible provision of... Read More

2014
Document 029681
Respectful Classification Practices with LGBTI Inmates [Lesson Plans]
By King, Erica; Baker, Maureen. National Institute of Corrections (NIC) (Washington, DC). New York State Dept. of Corrections and Community Supervision (Albany, NY).
"Lesbian, gay, bisexual, transgender, intersex (LGBTI) and gender non-conforming inmates represent particularly vulnerable populations with unique medical, safety, and other needs. Though some of the concerns and vulnerabilities faced by these populations are similar, transgender and gender non-conforming inmates are distinct from gay, lesbian, and bisexual inmates in important respects. Basic principles of risk-based classification should be applied with LGBTI populations, accounting for unique... Read More
ZIP
69 pages
2013
Document 027302
Sexual Victimization in Prisons and Jails Reported by Inmates, 2011–12
By Beck, Allen J.; Berzofsky, Marcus; Caspar, Rachel; Krebs, Christopher. U.S. Bureau of Justice Statistics (Washington, DC).
This report presents statistics regarding the sexual victimization of prison and jail inmates by other inmates or staff. Sections of this publication cover: highlights; National Inmate Survey; incidents of sexual victimizations; facility-level rates; demographic and other characteristics; special inmate populations—inmates ages 16 to 17; special inmate populations—inmates with mental health problems; and special inmate populations—inmates with a non-heterosexual sexual orientation. Some of the k... Read More
PDF
108 pages
2014
Document 027998
LGBTI Populations: Intake – Creating a Culture of Safety [Internet Broadcast]
By Brisbin, Lorie; Deboo, Kuma J.; Morgan, Marcia; Selph, Mykel; Williams, Wendy; Willis, Angela; Wiseman, Jim . National Institute of Corrections (Washington, DC).
Good correctional practice includes applying principles of risk based classification to all adult and juvenile offenders while accounting for unique characteristics and concerns of LGBTI and gender non-conforming populations. To ensure a culture of safety, it is important to identify these individuals at intake. A culture of safety includes everyone understanding and practicing respectful, appropriate and professional language. Intake personnel function as the “gatekeepers” for correctional ... Read More
VIDEO
2014
Document 028160
A Roadmap for Change: Federal Policy Recommendations for Addressing the Criminalization of LGBT People and People Living with HIV
By Hanssens, Catherine; Moodie-Mills, Aisha C.; Ritchie, Andrea J.; Spade, Dean; Vaid, Urvashi. Public Welfare Foundation (Washington, DC); Ford Foundation (New York, NY); Arcus Foundation (New York, NY). Columbia Law School. Center for Gender and Sexuality Law (New York, NY).
"This document outlines a range of policy solutions that would go a long way towards addressing discriminatory and abusive policing practices, improving conditions for LGBT [lesbian, gay, bisexual, and transgender] prisoners and immigrants in detention, de-criminalizing HIV, and preventing LGBT youth from coming in contact with the system in the first place " (p. 6). Sections contained in this report include: introduction and summary; policing and law enforcement; prisons—discrimination and viol... Read More
PDF
84 pages
2014
Document 027991
PREA and LGBTI Rights
By Schuster, Terry. American Jail Association (AJA) (Hagerstown, MD).
Lesbian, gay, bisexual, transgender, and intersex (LGBTI) inmates are especially at-risk for sexual assault. The Prison Rape Elimination Act (PREA) provides guidance for ensuring that LGBTI inmates do not become victims of sexual abuse and harassment. This article is an excellent explanation of the “basic protections [required by PREA] for LGBTI inmates that every juvenile and adult correctional system will need to put in place and offer some extra provisions they should adopt to become models o... Read More
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5 pages
2013
Document 027855
Tribal Equity Toolkit 2.0: Tribal Resolutions and Codes to Support Two Spirit & LGBT Justice in Indian Country
Legal Aids Services of Oregon (LASO). Native American Program (NAPOLS) (Portland, OR); Lewis & Clark Graduate School of Education and Counseling. Indigenous Ways of Knowing Program (IWOK) (Portland, OR); Basic Rights Oregon (Portland, OR); Western States Center (Portland, OR).
“Tribal laws reflect our values as a people, define our collective barriers, prioritize our issues, allocate public resources, and identify eligibility for conferred status and public benefits and services. This Toolkit identifies areas in which existing tribal laws may discriminate against Two Spirit /LGBT individuals. The Toolkit also gives tribal legislators a brief overview of legal and policy issues that impact the equal treatment of Two Spirit/LGBT community members, and offers sample reso... Read More
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167 pages
2015
Document 026518
LGBTI: Lesbian, Gay, Bisexual, Transgender, and Intersex Offenders (Selected Resources for Criminal Justice Professionals) Annotated Bibliography
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
55 pages
2012
Document 026763
LGBTI Populations: Their Safety, Your Responsibility [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
2 video DVDs (152 minutes)
2012
Document 026702
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 026701
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 023878
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.
2014
Document 029559
Why Did the U.S. Lock Up these Women with Men? A Fusion Investigation
By Costantini, Cristina; Rivas, Jorge; Rios, Kristofer. Ford Foundation (New York, NY). Fusion Media Network, LLC (Doral, FL).
"The United States has long been a haven for those fleeing persecution and oppression. But today, the treatment for asylum seekers can be so terrible that some are asking to be sent back to the very countries they were escaping. This includes women who are locked up alongside men, sometimes the very men they were trying to escape … This is life for transgender women in U.S. immigration detention facilities … A six-month Fusion investigation found that conditions for transgender women locked up b... Read More
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8 pages

Available Training Opportunities

  • Available Online - Respectful Communication with LGBTQI Youth
    This course will provide you with strategies for communicating effectively and professionally with all youth, with a specific focus on LGBTQI youth. Estimated duration: 1 hour.