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Wrap up: Best practices for identifying transgender inmates

Last week’s scenario presented a situation where a poor decision was being made to implement a policy quickly; check out these responses so you avoid errors and keep all parties safe when implementing new policy and rules

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Tyniehsa Stephens checks her image in a mirror in a new unit in the Harris County Jail for gay, bisexual and transgender inmates in Houston, Texas. (AP Photo/Pat Sullivan, File)

By Anthony Gangi, C1 Colmnist

The recent implementation of PREA brought changes to policies that needed to be adhered to immediately, causing issues for administrators. In regards to the scenario mentioned last week, higher level staff will find themselves faced with a very big problem: identification of the transgendered population. Higher level staff must abide by these new policies at all costs.

The warden in last week’s scenario found himself in a dilemma. He had to identify the transgendered population in a non-offensive manner. The immediate need for identification relates to the changes that will directly affect the handling of transgendered inmates, meant to ensure the safety and security of this population.

Write it Down
“In some ways, this warden’s approach is not a bad start. Anyone on a male yard with obvious feminine characteristics may well be transgender (of course, we would have to confirm this with them. They could be gay and feminine but still identify as male),” Skinnerian wrote. “Also, psychology and medical staff should have records of inmates who are receiving or are seeking hormone replacement therapy or other medical or psychological services related to being transgender.

“Finally, you’d probably want some type of memo to go out to the current inmate population (new intakes should be informed up front) about policies related to transgender inmates and how they may self-identify.”

The main issue with this response is that we cannot walk around and judge people on certain attributes. If the warden were to actually do this and draw his conclusions based on personal judgements, complaints would surely fly from all directions.

Secondly, while the suggestion to go to mental health staff is a great idea, some of these staff members may chafe at the idea of sharing such information without it being a security issue.

But one avenue that Skinnerian mentions truly highlights a solution that should be implemented at all facilities: the memo.

Not only does this memo inform the inmate population, it also places the liability on the transgendered inmates. They are now aware of the policies that directly affect them, and this awareness gives them the opportunity to notify the administration of their transgendered status.

Communication
Arcadiaredneck mentions another solution that is based on communication between two departments. “At my institution, Mental Health, Classification, and medical work together.”

This involves different departments communicating together to make sure the safety of our special need inmates are met. I think this is another great avenue to explore and, hopefully, this wrap up can make this process universal.

Thomas Ammons was also in agreement, but they mentioned another concern. “I would use the system of classification and go through what is acceptable based upon policies written by the agency. If inmates refuse new classification assignment, then reclassify them for general pop. PREA is designed to protect the inmates but it also wears out the staff.”

Inmates will take advantage of the policies and can lead to staff running around just to accommodate the needs of one individual. When policies are being implemented, please talk to front line staff so they can break down the pros and cons.

In closing, identifying transgendered inmates is not cut and dry. In some cases, certain institutions, during orientation, have updated their sex category to include transgendered. Again, this is a great idea because it puts the liability on the inmate. If they choose not to disclose the information, staff will have something to fall back on that highlights the opportunity in which the inmate could have presented their concern.

But as a reminder, new policies are being implemented every day and some present conflicts that must be solved at a higher level. In order to solve these conflicts, a good partnership must exist between the higher level staff and the front line employee. In some cases we can always go back to communication. Let communication bring about the partnership needed so these conflicts can be resolved and we can move forward.

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