Appendices

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Appendix A. Glossary

Asexual: a person who is not romantically or sexually attracted to another person of any gender.

Bisexual: a person who is romantically or sexually attracted to both males and females.

Cross dresser: a person who wears clothing, jewelry, or makeup not traditionally associated with their anatomical sex, and who generally has no intention or desire to change their anatomical sex.

Gay: exclusively attracted to others of the same sex. Most commonly used to refer to men who are attracted to other men, but may also be used to refer to women who are attracted to other women (lesbians).

Gender: a socially constructed concept classifying behavior as either “masculine” or “feminine,” unrelated to one’s genitalia.

Gender conforming:  when gender identity, gender expression and sex assigned at birth “match” according to social norms.

Gender dysphoria (formerly gender identity disorder): the formal diagnosis used by psychologists and physicians to describe persons who experience significant discontent with the sex they were assigned at birth and/or their gender roles associated with that sex. 

Gender expression: a person’s external expression of their gender identity, including appearance, dress, mannerisms, speech, and social interactions.

Gender identity: distinct from sexual orientation and refers to a person’s internal, deeply felt sense of being male, female or something else.

Gender non-conforming: gender characteristics or behaviors that do not conform to those typically associated with a person’s biological sex.

Gender “norms”: the expectations associated with “masculine” or “feminine” conduct, based on how society commonly believes males and females should behave.

Gender variant behavior: conduct that is not normatively associated with an individual’s biological sex.

Heterosexual: sexual or romantic attraction to the opposite sex.

Homosexual: an increasing derogatory term with an historical negative context for sexual, emotional, or romantic attraction to persons of the same sex.  Not recommended for use.

Intersex: an uncommon condition in which a person is born with external genitalia, internal reproductive organs, chromosome patterns, or an endocrine system that does not fit typical definitions of male or female.

LGBTI: acronym for a group of sexual minorities including lesbian, gay, bisexual, transgender, and intersex individuals.  Many variations of this acronym may be used depending on context.

Lesbian: commonly refers to women typically attracted to other women (the term “gay” may also be used to describe these individuals).

Queer:  historically a negative, derogatory term, it has been reclaimed by some LGBTI individuals particularly among youth.  Its use is not recommended, especially in a professional environment.

Questioning: an active process in which a person explores his or her own sexual orientation or gender identity and questions the cultural assumptions that they are heterosexual or gender conforming. LGBTQ or LGBTQI is often associated with adolescents and young adults.

Sex: the designation of a person as either male or female based on anatomical make-up, including genitalia, chromosomes, and reproductive system.

Sexual orientation: an enduring personal quality that inclines people to feel romantic or physical attraction to persons of the opposite sex or gender, the same sex or gender, or both.

SOGI: acronym for sexual orientation and gender identity. 

Transgender: an umbrella term for persons whose gender identity differs from their assigned sex at birth.  May be used interchangeably with “transsexual” depending on context.

Transgender girl/woman: a person whose birth sex was male but who understands herself to be female and desires to live her life as a female.

Transgender boy/man: a person whose birth sex was female but who understands himself to be male and desires to live his life as a male.

Transition: sometimes used to describe the process people go through to change their gender expression or physical appearance. May refer to everything from changing identity documents to medical intervention (e.g., hormones, surgery).

Transsexual: a person whose physical anatomy does not match his or her gender identity, and seeks medical treatment (sex reassignment surgery or hormones).  May be used interchangeably with “transgender” depending on the context.

Transvestite: a person who mainly cross dresses for pleasure in appearance and sensation.

Two spirit: a term used by some Native Americans to identify LGBTI and gender variant persons within their community. Historically, in some cultural traditions, two spirit people were viewed as privileged and sacred.

 

Appendix B. Case Law Digest

Juvenile Case Law

1.    Minimal Conditions for Confinement for Detained Lesbian, Gay, Bisexual, Transgender, and Intersex (LGBTI) Youth

R.G. v. Koller, 2006 WL 905225 (D. Hawaii Mar. 1, 2006) (preliminary injunction order). Prohibiting the facility from discriminating against youth based on LGBTI status and using isolation to control the LGBTI population, and ordering the facility to develop policies and procedures for LGBTI youth.

2.    Protection from Sexual Assault

A.M. v. Luzerne County, 372 F.3d 572 (3d Cir. 2004). Finding that staff members were deliberately indifferent to sexual assaults on youth in the detention facility.

3.    Right to Medical and Rehabilitative Treatment under 14th Amendment

Farrell v. Allen, RG 03079344 (Superior Court of California Alameda County Nov. 19, 2004) (unpublished consent decree). Developing a comprehensive plan to address severe problems within the (then) California Youth Authority by implementing policies and procedures designed to provide appropriate medical and psychological treatment and rehabilitative care for all youth.

Bowers v. Boyd, 876 F. Supp. 773 (D.S.C. 1995). Ordering the South Carolina Department of Juvenile Justice to develop policies and procedures to better protect youth in their custody.

4.    Medical and Mental Health Treatments for Youth with Gender Identity Disorder

Complaint, Rodriguez v. Johnson, No. 06CV00214 (S.D.N.Y. filed Jan. 11, 2006). Ending in a settlement agreement, wherein the New York State Office of Children and Family Services was required to implement a system-wide change to ensure treatment for transgender youth.

Pickup v. Brown, 740 F.3d 1208 (9th Cir. 2013). Finding that a California statute that prohibits the licensing of mental health facilities that offered sexual orientation change therapies was constitutional.

5.    Segregation of LGBTI Youth

In re Antonie D, 137 Cal. App. 4th 1314 (Cal. App. 1 Dist.6 2006). Permitting a bisexual juvenile detainee to challenge the juvenile court’s refusal of his request to be placed in a facility that could better accommodate LGBTI youth.

6.    Use of Isolation for Protection

R.G. v. Koller, 2006 WL 905225 (D. Hawaii Mar. 1, 2006) (preliminary injunction order)—Prohibiting the use of isolation to control the LGBTI population.

7.    Housing Transgender Youth

R.G. v. Koller, 2006 WL 905225 (D. Hawaii Mar. 1, 2006) (preliminary injunction order). Prohibiting the facility from discriminating against youth based on LGBTI status when making housing determinations.

8.    Sex Nonconforming Dressing Practices in Youth

Doe v. Bell, 754 N.Y.S.2d 846 (N.Y. Sup. 2003). Recognizing that a juvenile detainee with gender identity disorder (GID) must be permitted to wear feminine clothing as part of her treatment, and finding the center’s safety concerns underlying the policy prohibiting her from wearing feminine clothing was not a rational basis for rejecting the accommodation.

Doe v. Yunits, 2000 WL 33162199 (Mass. Super. Oct. 11, 2000). Granting a preliminary injunction to a biologically male student with GID, permitting him to wear feminine clothing to his public high school.

Hood v. Department of Children and Families,2014 WL 757914 (M.D. Fla. 2014). Finding that denial of plaintiff’s (a civilly committed juvenile) request for female gendered clothing before diagnosis did not violate her 8th Amendment rights.

Doe v. Yunits, 2000 WL 33162199 (Mass. Super. 2000). Finding that a junior high school dress code could not prohibit a transgender student from wearing clothing approved for both male and female students.

Doe v. Bell, 754 N.Y.S. 2d 846 (N.Y. Sup. Ct. 2003). Finding that exempting a transgender foster child from a male foster home’s dress code was appropriate and an exemption a state-operated facility was required to make.

9.    Facility Access for Transgender Youth

Doe v. Regional School Unit 26, 2014 WL 325906, M.E. 2014). Finding that a school’s denial of access to female bathroom facilities to a female identified trans child violated that child’s human rights.

Adult Case Law

1.    Discrimination Based on Sexual Orientation under the 14th Amendment

Brown v. Johnson, 743 F.2d 408 (1984). “Blanket ban against holding of group worship services by church which ministered to spiritual needs of homosexual persons was reasonably related to state's interest in maintaining internal security in prison, in view of undisputed testimony linking inmate homosexuality with prison violence.”

Fitzpatrick v. Curry, 2006 WL 2990283 (W.D. Mich. Oct. 16, 2006). Finding that a homosexual inmate could not sustain an Equal Protection claim against prison officials, as he was unable to establish that prison officials allowed the inmate to be raped due to his sexual orientation.

Davis v. Prison Health Services, 679 F.3d 433 (6th Cir. 2012). Finding improper the termination of a prisoner’s participation in a work program due to his sexual orientation.

2.    Protection from Sexual Assault under the 8th Amendment

Farmer v. Brennan, 511 U.S. 825 (1970). Establishing the standard of “deliberate indifference” to address claims brought by sexually abused inmates under the 8th Amendment.

Johnson v. Johnson, 385 F.3d 503, 527 (5th Cir. 2004). Finding a deliberate indifference claim where prison officials continued to house a gay person in the general population, where he was gang raped and sold as a sex slave for over 18 months.

Greene v. Bowels, 361 F.3d 290 (6th Cir. 2004). Remanding an 8th Amendment case brought by a preoperative male-to-female transsexual who was sexually assaulted while incarcerated in a male prison, to determine whether the warden knew of the risk presented by housing a transsexual inmate in the same unit with a predatory inmate.

Taylor v. Michigan DOC, 69 F.3d 76 (6th Cir. 1995). Finding a triable issue of fact, where a mildly mentally retarded inmate with youthful looking features and a seizure disorder was raped in a prison, where the warden and his subordinates should have been aware of the dangerous conditions posed to vulnerable inmates.

Taylor v. Beard, No. 2:13-cv-00925 DAD P., 2013 WL 6491524 (E.D. Cal. Dec. 10, 2013). Finding that the fear on which a request for transfer is based must be more than a generalized fear of potential violence. In this case the petitioner, bisexual male, requested a transfer because he was in fear for his safety due to his sexuality.

3.    Violation of the 8th Amendment, Deliberate Indifference to Serious Medical Need for Treatment of Transgender Inmates Providing Continuing Hormonal Treatment

Fields v. Smith, 712 F. Supp. 2d 830 (E.D. Wis. 2010). Holding that correctional officers violated inmate’s 8th and 14th Amendment rights by enforcing a state statute preventing Department of Corrections medical personnel from providing hormone therapy or sexual reassignment surgery to inmates with GID.

Maggert v. Hanks, 131 F.3d 670 (7th Cir. 1997). Holding that absent special circumstances, inmates are not entitled to curative treatment for gender dysphoria under the 8th Amendment.

Phillips v. Michigan Dept. of Corrections, 731 F. Supp. 792 (W.D. Mich. 1990). Granting a preliminary injunction to an inmate with GID, ordering correctional officials to provide estrogen therapy.

De’Lonta v. Angelone, 330 F.3d 630 (4th Cir. 2003). Permitting a transgender inmate who had engaged in self-mutilation to proceed in her claim that correctional officials who withdrew her hormone therapy were deliberately indifferent to her serious medical need.

Barrett v. Coplan, 292 F. Supp. 2d 281 (D.N.H. 2003). Holding that an inmate with GID adequately stated a claim under the 8th Amendment, where treatment was denied due to a policy that prohibited any hormone or surgical treatment for inmates suffering from GID.

Kosilek v. Spencer, 740 F.3d 733 (1st Cir. 2014). Finding that a combination of hormone and other therapies may adequately treat a transgender inmate’s GID, and as such SRS was not necessary.

4.    Request for Hormonal Treatment Where Hormone Usage Does Not Pre-date Incarceration

Farmer v. Moritsugu, 163 F.3d 610 (D.C. Cir. 1998). Finding that a Bureau of Prisons (BOP) medical director was entitled to qualified immunity from liability, where his denial of a transsexual prisoner's request for treatment aligned with constitutional BOP medical policy.

Lamb v. Maschner, 633 F. Supp. 351 (D. Kan. 1986). Holding that an inmate did not have a constitutional right to transfer to a women's facility, to receive cosmetics and female clothing, or to receive hormone treatment or a sex change operation.

Kosilek v. Maloney, 221 F. Supp. 2d 156 (D. Mass. 2002). Finding that treatment plan for an inmate with GID was inadequate to meet the inmate's serious medical need, as the treatment plan was made pursuant to a blanket policy prohibiting hormones that had not been prescribed prior to incarceration.

Brooks v. Berg, 270 F. Supp. 2d 302 (N.D. N.Y. 2003), vacated in part on other grounds, 289 F. Supp. 2d 286 (N.D. N.Y. 2003). Recognizing that prison officials who failed to provide treatment to a transsexual inmate were deliberately indifferent to his serious medical needs, where the decision not to treat the inmate was not based on sound medical judgment.

Young v. Adams, 693 F. Supp. 2d 635 (W.D. Tex. 2010). Finding that an inmate with GID was not entitled to receive hormone therapy.

Gammett v. Idaho State Board of Corrections, 2007 WL 2186896 (D. Idaho Jul. 27, 2007). Granting a preliminary injunction for a transsexual inmate who had castrated himself, ordering correctional officers to provide treatment for his GID.

Phillips v. Michigan Dept. of Corrections, 731 F. Supp. 792 (W.D. Mich. 1990). Finding that GID diagnosis constituted “serious medical need” and failure to supply hormone therapy could amount to deliberate indifference in the face of that need.

De’Lonta v. Johnson, 708 F.3d 520 (4th Cir. 2013). Finding that inmate was entitled to doctor’s diagnosis regarding GID and possible medical treatments including gender reassignment surgery.

5.    Right to Gender Reassignment Surgery

De'Lonta v. Johnson, 2013 WL 310350 (4th Cir. 2013). Remanding case to lower court and requiring a hearing on the merits of a male-to-female transgender inmate’s suit demanding that the Virginia Department of Corrections provide her with sexual reassignment surgery.

Kosilek v. Spencer, 2012 WL 4054248 (D. Mass. Sept. 16, 2012). Holding that transsexual inmate displayed a serious medical need and was therefore entitled to gender reassignment surgery. NOTE: This case is now superseded by Kosilek v. Spencer, 740 F.3d 733 (1st Cir. 2014), in regards to inmate access to sexual reassignment surgery, though other aspects of the holding are still good law.

6.    Right to Marry for All Inmates

Turner v. Safely, 482 U.S. 78 (1987). Striking down a prison’s marriage regulation prohibiting inmates from marrying other inmates or civilians without the prison superintendent’s determination that there were compelling reasons for marriage.

Gerber v. Hickman, 291 F.3d 617 (9th Cir. 2002). Finding that a prisoner had no federal or state constitutional right that would require the prison warden to allow the inmate to provide his wife with a sperm specimen for artificial insemination.

Bradbury v. Wainwright, 718 F.2d 1538 (11th Cir. 1983). Permitting inmates to challenge the Florida Department of Corrections’ administrative regulation restricting inmate marriage.

7.    Segregation of Adult LGBTI Inmates

Estate of DiMarco v. Wyoming Dept. of Corr., 473 F.3d 1334, 1342–43 (10th Cir. 2007). Finding that segregation of a person with an intersex condition was permissible because it was primarily to protect her, the prison had not previously dealt with an intersex person, alternatives such as transfer were impractical, the person was not denied access to all programs or services, and her segregation was regularly and meaningfully reviewed.

Gay Inmates of Shelby County v. Barksdale, 819 F.2d 289 (6th Cir. 1987). Finding that an injunction ordering correctional officials to create an intake classification scheme to identify and house LGBTI inmates, rather than segregating LGBTI inmates, was an appropriate remedy.

Farmer v. Carlson, 685 F. Supp. 1335 (M.D. Pa. 1988). Holding that prison officials did not violate a transsexual inmate’s 8th or 14th Amendment rights by placing that inmate in administrative segregation for 4.5 months.

8.    Strip Searches for Transgender Inmates Performed by Staff of the Same Biological Gender

Konitzer v. Frank, 711 F. Supp. 2d 874 (E.D. Wis. 2010). Stating that prison officials were not required to ensure that strip searches of a biological male inmate suffering from GID be performed only by female officers.

Farmer v. Perrill, 288 F.3d 1254 (10thCir. 2002). Prohibiting prison officials from performing strip searches of a preoperative, male-to-female transsexual in a humiliating fashion.

9.    Visits with Partners

Whitmire v. Arizona, 298 F.3d 1134 (9th Cir. 2002). Refusing to dismiss a homosexual partner’s equal protection challenge to a prison regulation prohibiting same-sex kissing and hugging among nonfamily members during prison visits, in the absence of evidence proving a rational connection between the visitation policy and correctional safety.

Doe v. Sparks, 733 F. Supp. 227 (W.D. Pa. 1990). Declaring a prison’s policy of denying visitation with same-sex partners constitutionally invalid.

Morales v. Pallito, 2014 WL 1758163 (D.Vt.). Finding that although prison inmates retain many of their constitutional rights, “such protections are restricted by valid penological objectives.”

10.    Outing Inmates as LGBTI or HIV Positive

Powell v. Shriver, 175 F.3d 107 (2d Cir. 1999). Finding that guards who disclosed an inmate’s transsexual status were deliberately indifferent to the inmate’s safety.

Thomas v. District of Columbia, 887 F. Supp.1 (D.D.C. 1995). Holding that an inmate could sustain an 8th Amendment claim against a guard who spread a rumor that the inmate was homosexual.

Sterling v. Borough of Minersville, 232 F.3d 190 (3d Cir. 2000). “[O[fficer's threat to disclose arrestee's suspected homosexuality violated arrestee’s constitutional right to privacy.”

11.    Allowable Grooming Practices Nonconforming with Biological Gender for Transgender Inmates

Lamb v. Maschner, 633 F. Supp. 351 (D. Kan. 1986). Holding that an inmate did not have a constitutional right to receive cosmetics and female clothing.

Cole v. Flick, 758 F.2d 124 (3d Cir. 1985). Stating that the prison officials’ belief in a correlation between long hair and predatory homosexuals was unreasonable.

Pollock v. Marshall, 845 F.2d 656 (6th Cir. 1988). Upholding a prison regulation requiring short haircuts based on the prison’s legitimate penological interests of “quick identification, removal of place to hide small contraband, prevention of sanitation problems, and homosexual attacks.”

 

Appendix C. Resources

Publications—General and Adult

American Bar Association. 2010. ABA Standards for Criminal Justice on the Treatment of Prisoners, 3rd ed. Washington, DC: American Bar Association. [Position statement that any examination of a transgender person to determine that person’s genital status should be performed in private by a qualified medical professional, and only if the person’s genital status is unknown to the correctional agency.]

American Medical Association House of Delegates. 2008. “Resolution 122: Removing Financial Barriers to Care for Transgender Patients.” [Resolution supporting health insurance coverage for treatment of gender identity disorder.]

American Medical Association House of Delegates. 2000. “Resolution 506: Policy Statement on Sexual Orientation Reparative (Conversion) Therapy.” [Resolution opposing conversion therapy designed to change sexual orientation.]

American Psychiatric Association. “LGBT – Sexual Orientation.” [Guide on sexual orientation, coming out, and stigma based on sexual orientation.]

American Psychiatric Association. 2000. Diagnostic and Statistical Manual of Mental Disorders, 4th Edition, Text Revision (DSM-IV-TR). Arlington, VA: American Psychiatric Association. [Classification and description of mental disorders.]

American Psychiatric Association. August 16, 2012. “APA Issues Official Positions Supporting Access to Care and the Rights of Transgender and Gender Variant Persons.” [Position statement on appropriate care for transgender people.]

American Psychoanalytic Association. 2006. “Position Statement: Reparative Therapy.” [Position statement that psychoanalytic techniques do not include attempts to "convert" or "repair" an individual's sexual orientation.] http://www.apsa.org/content/2012-position-statement-attempts-change-sexual-orientation-gender-identity-or-gender.

American Psychological Association.“Sexual Orientation and Homosexuality” [Guide to provide information to aid people to better understand sexual orientation and the harmful impact of prejudice and discrimination.] http://www.apa.org/helpcenter/sexual-orientation.aspx.

American Psychological Association. August 2008. “Transgender, Gender Identity, and Gender Expression Non-Discrimination.” [Policy statement supporting the legal and social recognition of transgender individuals, and encourages psychologists to not only provide treatment but to work against discrimination.] http://www.apa.org/about/policy/transgender.aspx.

American Psychological Association. “Answers to Your Questions: For a Better Understanding of Sexual Orientation & Homosexuality.” [Guide that answers common questions about sexual orientation, coming out, and same sex relationships.] http://www.apa.org/topics/lgbt/orientation.pdf.

American Psychological Association. August 2009. Report of the American Psychological Association Task Force on Appropriate Therapeutic Responses to Sexual Orientation.[Review of literature and studies on sexual orientation change efforts and finding that efforts to change sexual orientation are not successful and can actually cause harm.] http://www.apa.org/pi/lgbt/resources/therapeutic-response.pdf.

Association for Lesbian, Gay, Bisexual, and Transgender Issues in Counseling. 2009. Competencies for Counseling with Transgender Clients. Alexandria, VA. [Guidelines for counseling transgender clients.] http://www.counseling.org/Resources/Competencies/ALGBTIC_Competencies.pdf.

Bockting, Walter O., and Eli Coleman. 1992. “A Comprehensive Approach to the Treatment of Gender Dysphoria.” In Walter O. Bockting and Eli Coleman (eds.), Interdisciplinary Approaches in Clinical Management. Binghamton, NY: Haworth Press, 131. [Book chapter presenting a new treatment model for those with gender dysphoria focusing on assessment, management of psychiatric disorders, identity formation and management, and aftercare.]

Brown, George R. 2007. “Transvestism and Gender Identity Disorder in Adults.” In Glen O. Gabbard (ed.), Gabbard’s Treatments of Psychiatric Disorders, 3rd ed. Washington, DC: American Psychiatric Press, Inc.

Center for Gender and Sexuality at Columbia Law School. 2014. “A Roadmap for Change: Federal Policy Recommendations for Addressing the Criminalization of LGBT People and People Living with HIV.” [A report offering comprehensive federal policy recommendations to address cycles of criminalization and discriminatory treatment faced PLWH and LGBT people.]

Cole, Collier M., Michael O’Boyle, Lee E. Emory, and Walther J. Meyer III. 1997. “Comorbidity of Gender Dysphoria and Other Major Psychiatric Diagnoses.” Archives of Sexual Behavior 26, no. 1:13–26. [A study finding that individuals suffering from gender dysphoria do not suffer from coexisting psychiatric illnesses (such as schizophrenia or major depression) at significantly higher rates than the general population.]

Columbia Human Rights Law Review. 2009. “A Jailhouse Lawyer’s Manual, Special Information for Lesbian, Gay, Bisexual, and Transgender People.” Columbia Human Rights Law Review (8th ed.). [An overview of several resources and remedies for LGBT people.] http://www3.law.columbia.edu/hrlr/JLM/Chapter_30.pdf.

Fenway Institute. 2014. “Asking Sexual Orientation Questions on State Risk Factor Surveys Allows 27 States to Document Health Disparities Affecting Sexual Minorities.” [A report on states asking questions in order to develop programs, policies, and services to address local health disparities.]

FORGE. 2014. “Forensic Exam Webinar: Navigating Forensic Exams and Advocacy with Transgender Survivors of Sexual Assault.” [A webinar discussing how treating transgender sexual assault victims may differ from other survivors in body configurations.]

Gay and Lesbian Advocates and Defenders. 2012. Resources for Prisoners and Ex-Offenders in New England. [State by state resource guide for current and former inmates in New England.]

Grant, Jaime M., Lisa A. Moffet, and Justin Tanis. 2011. Injustice at Every Turn: A Report of the National Transgender Discrimination Survey.Washington, DC: National Center for Transgender Equality and National Gay and Lesbian Task Force. [Survey of 6,450 transgender and gender non-conforming individuals reporting incidents of discrimination based on sexual identity.]

Herek, Gregory M. “Facts about Homosexuality and Child Molestation.” [Fact sheet discrediting the stereotype that LGBT individuals are a special danger to children.]

Herek, Gregory M., and Linda D. Garnets. 2007. “Sexual Orientation and Mental Health.” Annual Review of Clinical Psychology 3: 353. [An article summarizing psychological research and findings about mental well-being and distress among sexual minorities.]

Israel, Gianna E., and Donald E. Tarver II. 1997. Transgender Care: Recommended Guidelines, Practical Information, and Personal Accounts. Philadelphia, PA: Temple University Press. [Guidelines that provide a framework for addressing transgender issues.]

Jenness, Valerie, Cheryl L. Maxson, Kristy N. Matsuda, and Jennifer Macy Sumner. 2007. Violence in California Correctional Facilities: An Empirical Examination of Sexual Assault. Center for Evidence-Based Corrections, University of California, Irvine. [Presentation of the findings on a study to examine extent and nature sexual assault within the correctional facilities.]

Jenny, Carole, Thomas A. Roesler, and Kimberly L. Poyer. 1994. “Are Children at Risk for Sexual Abuse by Homosexuals?” Pediatrics 94:1, 41–44. [A study looking at incidents of abuse of a group of children over the course of a year.]

Just Detention International. 2009. “A Call for Change: Protecting the Rights of LGBTQ Detainees.” [Discussion of PREA Standards regarding prisoner awareness, promoting safety, staff screening and training, responding to sexual violence, and monitoring.]

Leach, Donald L. 2007. Managing Lesbian, Gay, Bisexual, Transgender, and Intersex Inmates: Is Your Jail Ready? Washington, DC: U.S. Department of Justice, National Institute of Corrections. [A list of questions jails should consider with regards to medical care, data systems, housing, security, and clothing for LGBTI people.]

Lucas, Kimberley D., Jamie L. Miller, Valorie Eckert, Stacy Goldsby, Megan C. Henry, Michael C. Samuel, and Janet C. Mohle-Boetani. 2011. Evaluation of a Prisoner Condom Access Pilot Program Conducted in One California State Prison Facility. Public Health Unit: California Correction Health Care Services. [A study examining the feasibility of providing condoms to inmates.]

McConaghy, Nathaniel. 1998. “Paedophelia: A Review of the Evidence.” Australian & New Zealand Journal of Psychiatry 32, no. 2: 252. [A study examining literature from the previous 30 years concerning the nature and presence of pedophilia.]

National Center for Lesbian Rights. 2006. Rights of Transgender People. [An overview of the rights of transgender people, with regard to housing, inmate violence, and hormone therapy.]

National Center for Transgender Equality. 2014. Standing with LGBT Prisoners: An Advocate’s Guide to Ending Abuse and Combating Imprisonment. [A guide to changing LGBTI policies in custodial settings]. http://transequality.org/issues/resources/standing-lgbt-prisoners-advoca....

National Commission on Correctional Health Care. 2009. “Position Statement: Transgender Health Care in Correctional Settings.”[Standards relating to health management of transgender inmates.]

National Prison Rape Elimination Commission. 2009. Report. Washington, DC. [A detailed report by the National Prison Rape Elimination Commission.]

Sexton, Lori, Valerie Jenness, and Jennifer Macy Sumner. 2010. “Where the Margins Meet: A Demographic Assessment of Transgender Inmates in Men’s Prisons.” Justice Quarterly 27: 6. [A report providing a profile of transgender prisoners.]

Stop Prisoner Rape. 2005. Still in Danger: The Ongoing Threat of Sexual Violence Against Transgender Prisoners. Los Angeles, CA. [A report reviewing the legal implications of the Supreme Court’s decision in Farmer v. Brennan.] http://www.justdetention.org/pdf/stillindanger.pdf.

Stop Prisoner Rape. 2006. In the Shadows: Sexual Violence in US Detention Facilities.Los Angeles, CA. [A report highlighting the sexual abuse of men, women, and youth in detention facilities and offers recommendations to stop the abuse.] http://www.justdetention.org/pdf/in_the_shadows.pdf.

Struckman-Johnson, C., and D. Struckman-Johnson. 2006. “A Comparison of Sexual Coercion Experiences Reported by Men and Women in Prison,” Journal of Interpersonal Violence 21, no. 12: 1591. [A report detailing the responses of 382 men and 51 women across 10 Midwestern prisons who self-reported sexual coercion while incarcerated.]

Sumner, Jennifer Macy. 2011. “Keeping House: Understanding the Transgender Inmate Code of Conduct Through Prison Policies, Environments, and Culture” Ph.D. diss., University of California, Irvine. [A code of conduct created for corrections facilities, made after interviewing 315 transgender inmates in California prisons.]

Sylla, Mary. 2008. “Access to Condoms in the United States—The Challenge of Introducing Harm Reduction into a Law and Order Environment.” Paper presented at the Project UNSHACKLE meeting, The John M. Lloyd AIDS Project at Stony Point Center, May 16–18, 2008. [A report outlining three successful condom access programs in correctional facilities.]

Sylvia Rivera Law Project. 2007. “It’s war in here”: A Report on the Treatment of Transgender and Intersex People in New York State Men’s Prisons. [A report outlining the experiences of transgender, gender non-conforming, and intersex people in New York State men’s prisons.] http://srlp.org/wp-content/uploads/2012/08/WarinHere042007.pdf.

Tabak, Shana and Rachel Levitan. 2014. “LGBTI Migrants in Immigration Detention: A Global Perspective.” Harvard Journal of Law and Gender 37 [An article addressing the special concerns of lesbian, gay, bisexual, transgender, and intersex (“LGBTI”) detained migrants.] http://harvardjlg.com/wp-content/uploads/2014/02/Tabak.LGBTIMigrants.pdf.

The Harry Benjamin International Gender Dysphoria Association. 2001. “Standards of Care For Gender Identity Disorders, Sixth Version.” [Standards for the treatment and care of those with gender dysphoria.]

The National Victim Center and The Crime Victims Research and Treatment Center. 1992. Rape in America: A Report to the Nation. Arlington, VA. [A report compiling statistics on rapes committed across the United States.] https://www.musc.edu/ncvc/resources_prof/rape_in_america.pdf.

U.S. Customs and Immigration Enforcement. 2011. Performance-Based National Detention Standards 2011. [Guidelines for handling transgender people in immigration detention centers.] http://www.ice.gov/doclib/detention-standards/2011/pbnds2011.pdf.

U.S. Federal Register. 2012. National Standards to Prevent, Detect, and Respond to Prison Rape 28 C.F.R. 115. [The final Standards for the prevention and detection of prison rape.] https://www.federalregister.gov/articles/2012/06/20/2012-12427/national-....

United Nations Office on Drugs and Crime. 2009. Handbook on Prisoners with Special Needs. New York: United Nations. [Recommendations for the care and treatment of LGBTI inmates in terms of staffing, housing, visitation, health care, safety, and monitoring.] http://www.unodc.org/pdf/criminal_justice/Handbook_on_Prisoners_with_Special_Needs.pdf.

Whitman, Joy S., Harriet L. Glosoff, Michael M. Kocet, and Vilia Tarvydas. 2006. “Exploring Ethical Issues Related to Conversion or Reparative Therapy.” [A position statement on conversion therapy, and guidelines for handling patients who express and interest in receiving such therapy.] http://ct.counseling.org/2006/05/exploring-ethical-issues-related-to-conversion-or-reparative-therapy/.

Wilkinson, Willy. no date. “Best Practices for Serving Lesbian, Gay, Bisexual, and Transgendered Individuals in Women’s Treatment Settings.” [Provides ideas and suggestions for developing policies to create a non-discriminatory environment in women’s treatment settings.] http://ontrackconsulting.org/docs/lgbt-best-practices.pdf.

Wolfe, Zachary. 2008. “Gay and Lesbian People: Recent Developments and a Call for More Research.” Prison Legal News. [An article discussing a need for enhanced visitation for spouses of LGBT inmates and the harmful effects of segregation.] https://www.prisonlegalnews.org/news/2008/oct/15/gay-and-lesbian-prisoners-recent-developments-and-a-call-for-more-research/.

Publications—Youth

American Academy of Child & Adolescent Psychiatry. January 2006. “Facts for Families: Gay, Lesbian and Bisexual Adolescents.” [Tips for parents on understanding their LGBT child.]

Boland, Patricia. 2008. “Vulnerability to Violence among Gay, Lesbian and Bisexual Youth.” NASP Resources. [An article describing developmental patterns of gender variant children and the ways in which LGBT youth are victimized.]

Brill, Stephanie, and Rachel Pepper. 2008. The Transgender Child: A Handbook for Families and Professionals. Berkeley, CA: Cleis Press,16–17. [A guidebook to assist families in understanding their gender variant or transgender child.]

Cathcart, Rebecca. 2008. “Boys Killing Labeled a Hate Crime, Stuns Town.” New York Times. [Recounting the story of a young boy killed at school, purportedly due to his sexual orientation.]

DeCrescenzo, Teresa, and Gerald P. Mallon. 2002. Serving Transgender Youth: The Role of the Child Welfare System. Washington, DC: Child Welfare League of America. [A report on a roundtable of professionals and transgender youth to discuss experiences of and recommendations for child welfare organizations working with transgender youth.]

Earls, Meg. 2002. “Stressors in the Lives of GLBTQ Youth.” Transitions: Working with GLBTQ Youth 14: 4. [A journal article on rejection and societal issues relevant to LGBTIQ youth.]

Earls, Meg. July 2005. “Fact Sheet: GLBTQ Youth.” Advocates for Youth. [Fact sheet concerning the serious issues LGBTQ youth face.]

Frankowiski, Barbara L. 2004. “Sexual Orientation and Adolescents,” Pediatrics 113: 1827. [A guide to understanding the special needs of LGBT youth.]

Gay & Lesbian Advocates & Defenders. 2013. Transgender Legal Issues. Boston, MA. [An overview of rights of transgender inmates in prisons, including classification, protection from violence and medical treatment.]

Goldman, Linda. 2008. Coming Out, Coming In: Nurturing the Well-Being and Inclusion of Gay Youth in Mainstream Society. New York: Routledge. [A book providing parents, schools administrators, community groups and counselors with information on providing safe environments for LGBT youth.]

Hawaii State Judiciary. Hale Ho`omalu Juvenile Detention Facility: A Self-Assessment of the Conditions of Confinement. 2012. [A self-assessment study to evaluate performance in efforts to improve conditions of confinement for LGBTI youth.]

Kruks, Gabe. 1991. “Gay and lesbian homeless/street youth: Special issues and concerns.” Journal of Adolescent Health 12, no. 7: 515–518.[A report compiling data on homeless and runaway youth finding that gay and bisexual male youth are at an increased risk for homelessness, suicide, and engaging in survival sex.]

Majd, Katayoon, Jody Marksamer, and Carolyn Reyes. 2009. Hidden Injustice: Lesbian, Gay, Bisexual and Transgender Youth in Juvenile Courts. Legal Services for Children, National Juvenile Defender Center and National Center for Lesbian Rights. San Francisco, CA: Autumn Press. [A joint report highlighting the failures of juvenile justice courts to treat LGBT youth fairly, and discusses the current barriers to fair treatment and how to overcome them.]

Mallon, Gerald P. 1999. “Practice with Transgendered Children.” In Social Services with Transgendered Youth, Binghamton, NY: The Haworth Press, 49, 55–56. [A book chapter examining gender variant child development and how gender variant children recognize and deal with gender identity.]

Mallon, Gerald P., and Teresa DeCrescenzo. 2006. “Transgender Children and Youth: A Child Welfare Practice Perspective,” Child Welfare 85, no. 2: 215, 218. [An article building upon and updating the analysis of gender variant child development.]

Marksamer, Jody. 2011. A Place of Respect: A Guide for Group Care Facilities Serving Transgender and Gender Non-Conforming Youth. San Francisco, CA: National Center for Lesbian Rights. [A guide for youth group care facility staff to provide transgender and gender non-conforming youth with appropriate care.]

National Center for Juvenile Justice. 2002. Desktop Guide to Good Juvenile Probation Practice, Revised. Patricia Torbet and Patrick Griffin (eds.). Pittsburgh, PA: National Council of Juvenile and Family Court Judges. [A collection of best practices for juvenile probation departments.]

National Center for Lesbian Rights. 2006. The Legal Rights of Lesbian, Gay, Bisexual, and Transgender Youth in the Juvenile Justice System. San Francisco, CA. [An overview of rights of LGBTI youth in custody.]

National Coalition for the Homeless. 2008. “Homeless Youth.” [A fact sheet providing the causes and consequences of homelessness among youth.]

National Institute of Justice. 1995. Research Preview: Childhood Victimization and Risk for Alcohol and Drug Arrests. Washington, DC: U.S. Department of Justice. [A study finding that childhood maltreatment is a significant predictor of adult arrests for alcohol and/or drug-related offenses, but not juvenile offenses.]

National Partnership for Juvenile Services. 2012. “Code of Ethics.” [The code of ethics for the National Partnership for Juvenile Services.]

National Prison Rape Elimination Commission. 2009. Standards for the Prevention, Detection, Response and Monitoring of Sexual Abuse in Juvenile Facilities. Washington, DC. [Recommended Standards from the National Prison Rape Commission for juveniles.]

Robert F. Kennedy Center for Justice and Human Rights and New York State United Teachers. 2010. Speak Truth to Power, Washington, DC. [A curriculum to combat bullying of various types in schools.]

Ryan, Caitlin, and Donna Futterman. 1998. Lesbian & Gay Youth: Care & Counseling. New York: Columbia University Press. [A book providing an overview the needs and experiences of LGBT youth, theorizing that it is stigma which sets LGBT youth apart from their peers.].

Ryan, Caitlin, and Rafael M. Diaz. 2005. “Family Responses as a Source of Risk and Resiliency for LGBT Youth.” Presented at the pre-conference Institute on LGBTQ Youth, Child Welfare League of America 2005 National Conference, Washington, DC. [A report on the experiences of LGBT youth in the child welfare system.]

Ryan, Caitlin. 2003. “Lesbian, Gay, Bisexual and Transgender Youth: Health Concerns, Services and Care,” Clinical Research & Regulatory Affairs 20, no. 2: 137. [An article providing suggestions for schools to develop policies and trainings to better deal with LGBT youth, identity development and sexual orientation.]

Savin-Williams, Ritch C. 1994. “Verbal and Physical Abuse as Stressors in the Lives of Lesbian, Gay Male, and Bisexual Youths: Associations with School Problems, Running Away, Substance Abuse, Prostitution, and Suicide.” Journal of Consulting and Clinical Psychology 62: 261. [A review of the verbal and physical abuse experiences of LGBT youth and their responses to these stressors.]

Spack, Norman, L. Edwards-Leeper, H.A. Feldman, S. Leibowitz, F. Mandel, D.A. Diamond, and S.R. Vance. 2012. “Children and Adolescents with Gender Identity Disorder Referred to a Pediatric Medical Center,” PEDIATRICS. [After establishment of a multidisciplinary gender clinic, the gender identity disorder population increased fourfold.] http://www.ncbi.nlm.nih.gov/pubmed/22351896.

Squatriglia, Heather. 2008. “Lesbian, Gay, Bisexual and Transgender Youth in the Juvenile Justice System: Incorporating Sexual Orientation and Gender Identity into the Rehabilitative Process.” 14 Cardozo Journal of Law and Gender, 793.

U.S. Department of Education. 2010. Key Policy Letters from the Education Secretary and Deputy Secretary. Washington, DC. [Guidance from the U.S. Department of Education on the best practices to prevent bullying and peer violence in schools.] [LGBT youth are at a higher risk of juvenile delinquency and involvement in the juvenile justice system because they are often rejected, neglected, or abused by their parents, guardians, and friends.] http://www2.ed.gov/policy/gen/guid/secletter/101215.html.

Wilber, Shannan, Caitlin Ryan, and Jody Marksamer. 2006. Serving LGBT Youth in Out-of-Home Care: CWLA Best Practice Guidelines, Washington, DC: Child Welfare League of America. [A compilation of guidelines for out-of-home care for LGBTI youth.] http://www.nclrights.org/wp-content/uploads/2013/07/bestpracticeslgbtyouth.pdf.

Web Sites

American Civil Liberties Union: http://aclu.org

American Institute of Bisexuality: http://www.americaninstituteofbisexuality.org/

BJS: Bureau of Justice Statistics: http://bjs.gov/index.cfm?ty=dcdetail&iid=406

Equality Federation: http://equalityfederation.org/

Equal Employment Opportunity Commission: http://www.eeoc.gov/

Family Equality Council: http://www.familyequality.org/

Fenway Health: http://www.fenwayhealth.org/site/PageServer

Gay & Lesbian Alliance Against Defamation: http://www.glaad.org/

Gay and Lesbian Medical Association: http://www.glma.org/

Gender Equity Resource Center: http://geneq.berkeley.edu/home

Human Rights Campaign: http://www.hrc.org/

Lambda Legal Defense and Education Fund: http://www.lambdalegal.org/

National Institute of Corrections: http://nicic.gov/lgbti

National Center for Lesbian Rights: http://www.nclrights.org

National Center for LGBT Health: http://www.lgbthealth.net/

National Center for Transgender Equality: http://www.transequality.org/

PFLAG: http://community.pflag.org/

The Center for HIV Law & Policy: http://hivlawandpolicy.org/resources/view/539

The Equity Project: http://equityproject.org/

The FBI: Federal Bureau of Investigations: http://www.fbi.gov/about-us/investigate/civilrights/hate_crimes/hate_crimes

Intersex Society of North America: http://www.isna.org/

Prison Library Project: http://prisonlibraryproject.org

The National Institute of Corrections: http://nicic.gov/LGBTI

The National PREA Resource Center: www.prearesourcecenter.org

Sylvia Rivera Law Project: www.slrp.org

TGI Justice: Transgender Gender Variant Intersex Justice: http://www.tgijp.org/

Transgender Law and Policy Institute: http://www.transgenderlaw.org/index.htm

Transgender Law Center: http://transgenderlawcenter.org/

White House: http://www.whitehouse.gov/lgbt

Williams Institute: http://williamsinstitute.law.ucla.edu

 

Appendix D. Issues to Watch: The Impact of Non-Custodial LGBTI Developments on Corrections

Employment Rights: Federal and State Government

Obama Signs Executive Order On LGBT Job Discrimination

Jennifer Bendery
Huffington Post
July 21, 2014

President Barack Obama signed an executive order banning workplace discrimination against millions of lesbian, gay, bisexual, and transgender employees of federal contractors and the federal government.

http://www.huffingtonpost.com/2014/07/21/obama-gay-rights_n_5605482.html.

Maryland Senate Passes Gender Identity Bill, 32-15

John Riley
Metro Weekly
March 4, 2014

The Maryland Senate passed a bill Tuesday morning that prohibits discrimination in employment, housing, credit, and public accommodations based on a person's gender identity or expression, capping off an eight-year legislative fight to get such a measure passed in the upper chamber.

http://www.metroweekly.com/poliglot/2014/03/maryland-senate-passes-gender-identity-bill-32-15.html.

Roadcloud v. City of Philadelphia

Roadcloud v. City of Philadelphia, No. 13-00777, 2014 WL 43759 (E.D. Pa. Jan. 6, 2014)

An openly gay female corrections officer sued for discrimination based on gender, sexual harassment and a hostile work environment; claiming her supervising officer made continual disparaging remarks in front of other co-workers—including comments on her sexual orientation and sexual activity—and shamed her for not complying with gender norms.

Educational Institutions

Transgender and Gender Non-Conforming Students: Your Rights at School

National Center for Transgender Equality
April 2014

The United States Department of Education clarified that Title IX’s sex discrimination prohibition extends to claims of discrimination based on gender identity. This will hopefully help prevent some LGBT youth from entering the juvenile justice system by providing avenues for advocacy within school systems.

http://transequality.org/Resources/KnowYourRightsSchools_April2014.pdf.

Transgender First-Grader Wins the Right to Use Girls' Restroom

Ed Payne
CNN
June 24, 2013

A transgender first-grader who was born a boy but identifies as a girl has won the right to use the girls' restroom at her Colorado school. The Colorado Rights Division ruled in favor of Coy Mathis in her fight against the Fountain-Fort Carson School District. Coy's parents had taken her case to the commission after the district said she could no longer use the girls' bathroom at Eagleside Elementary. In issuing its decision, the state's rights division said keeping the ban in place "creates an environment that is objectively and subjectively hostile, intimidating or offensive."

http://www.cnn.com/2013/06/24/us/colorado-transgender-girl-school/index.html.

Barring Transgender Student from Using Girls’ Bathroom Violates Maine Law

Eugene Volokh
The Washington Post
January 30, 2014

Maine law bans discrimination in places of public accommodation based on “sexual orientation,” which includes “gender identity or expression.” The court held this means transgender people were entitled to use the restrooms appropriate to their gender identity, rather than their biological sex.

http://www.washingtonpost.com/news/volokh-conspiracy/wp/2014/01/30/barring-transgender-student-from-using-girls-bathroom-violates-maine-law/?print=1.

Religion

Transgender Priest Preaches at National Cathedral

NBC-4 Washington, DC
June 23, 2014

A transgender Episcopal priest made history Sunday with a sermon at the Washington National Cathedral. The Right Rev. Gene Robinson, the first openly gay Episcopal bishop, presided at the service, which was part of the cathedral's celebration of LGBT Pride Month. The Very Rev. Gary Hall, dean of the cathedral, says he hopes Partridge's appearance "will send a symbolic message in support of greater equality for the transgender community.''

http://www.nbcwashington.com/news/local/Transgender-Priest-to-Preach-at-National-Cathedral-264101211.html?_osource=SocialFlowFB_DCBrand

Arizona Governor Vetoes Bill on Refusal of Service to Gays

Fernanda Santos
The New York Times
February 26, 2014

Arizona, Gov. Jan Brewer (R-AZ) vetoed a bill that would have given business owners the right to refuse service to gay men, lesbians and other people on religious grounds.

http://www.nytimes.com/2014/02/27/us/Brewer-arizona-gay-service-bill.html?_r=0.

Rights for Same Sex Couples

Ohio Ban on Gay Marriage Struck Down

The Associated Press
April 4, 2014

A federal judge says he will issue a ruling forcing Ohio to recognize out-of-state gay marriages.

http://www.cleveland.com/open/index.ssf/2014/04/ohios_ban_on_gay_marriage_to_b.html.

New Insurance Rights For Same-Sex Couples

The Associated Press
March 14, 2014

Addressing gay and lesbian concerns, the Obama administration moved to expand health insurance access for same-sex couples and close a loophole that threatened to leave some HIV/AIDS patients without coverage.

http://www.npr.org/templates/story/story.php?storyId=290121737&utm_medium=Email&utm_source=share&utm_campaign=storyshare.

Judge Deems Virginia's Same-Sex Marriage Ban Unconstitutional

Sarah Aarthun and Ben Brumfield
CNN
February 14, 2014

A federal judge in Virginia has struck down the commonwealth's ban on same-sex marriage as unconstitutional, according to court documents.

http://www.cnn.com/2014/02/13/politics/virginia-same-sex-marriage-unconstitutional/index.html

Kansas House Passes Bill Allowing Refusal of Service to Same-Sex Couples

Ben Brumfield and Dana Ford
CNN
February 13, 2014

House Bill 2453 explicitly protects religious individuals, groups, and businesses that refuse services to same-sex couples, particularly those looking to marry.

http://www.cnn.com/2014/02/13/us/kansas-bill-same-sex-services/index.html

U.S. Expands Legal Benefits, Services for Same-Sex Marriages

Evan Perez
CNN
February 10, 2014

The U.S. government expanded recognition of same-sex marriages in federal legal matters, including bankruptcies, prison visits and survivor benefits.

http://www.cnn.com/2014/02/08/politics/holder-same-sex-marriage-rights/index.html

United States v. Windsor, 133 S. Ct. 2675 (2013)

The Supreme Court's decision declared Section 3 of the Defense of Marriage Act (DOMA) unconstitutional. In February, 2014, Attorney General Eric H. Holder extended the federal government's recognition of same-sex marriages to the 34 states that have not recognized same sex marriage. This ruling could affect visitation rights—especially conjugal visitation where allowed—for federal and state inmates. It could also affect federal benefits administered at the state level.

 

Appendix E. Sample Policies

We are providing a list of agency policies that are addressing the needs of LGBTI adult and youth in custody. These are not “model” policies and only represent the approaches of the particular agencies. For a copy of any of the policies not available online please email us at endsilence@wcl.american.edu.

Jail

Cook County. 2011. “Management of Inmates with Gender Identity Disorder,” No. 64.5.43.0.

Cumberland County Sheriff’s Office. 2009. “Transgender Inmates,” No. D-243A.

Dane County Sherriff’s Office. 2015. LGBTI and Gender Non-Conforming Intake and Housing” and No. 612.05.

Denver Sheriff Department. 2012. “Transgender and Gender-Variant Inmates,” http://thecrimereport.s3.amazonaws.com/2/28/d/1701/gray_transgender_prison_rape_pdf_attachment.pdf.

District of Columbia Department of Corrections. 2014. “Gender Classification and Housing,” Policy Number 4020.3E.

Harris County Sheriff’s Office. 2014. “Lesbian, Gay, Bisexual, Transgender and Intersex,” Policy 413.

Kern County Sheriff’s Office. 2014. “Searches of Transgender or Intersex Inmates.” Issue 14-51.

Santa Rosa County. 2014. “PREA LGBTI,” General Order O-0008, http://santarosasheriff.org/wp-content/uploads/2013/08/LGTBI-Policy.pdf.

Prison

California Department of Corrections and Rehabilitation. 2013. Operations Manual, http://www.cdcr.ca.gov/Regulations/Adult_Operations/DOM_TOC.html.

District of Columbia Department of Corrections. 2011. “Gender Classification and Housing,” No. 4020.3C, http://doc.dc.gov/sites/default/files/dc/sites/doc/publication/attachments/DOC_PS_4020_3C_Gender_Classificationand_Housing_01112012_wsig.pdf.

Hawaii Department of Public Safety. 2007. “Medical Treatment For Transsexual Inmates,” No. COR.10.1E.16, http://dps.hawaii.gov/wp-content/uploads/2012/10/COR.10.1E.16.pdf.

Massachusetts Department of Correction. 2010. “Identification, Treatment and Correctional Management of Inmates Diagnosed with Gender Identity Disorder (GID),” No. 103 DOC 652, http://www.mass.gov/eopss/docs/doc/policies/652.pdf.

Michigan Department of Corrections. 2010. “Gender Identity Disorders in Prisoners,” No. 04.06.184, http://www.michigan.gov/documents/corrections/0406184_340784_7.pdf.

Minnesota Department of Corrections. 2007. “Evaluation and Placement of Transgender Offenders,” No. 202.045, http://www.doc.state.mn.us/DocPolicy2/html/DPW_Display_TOC.asp?Opt=202.045.htm.

Ohio Department of Rehabilitation and Correction. 2013. “Medical Legal Issues,” No. 68-MED-09, http://www.drc.ohio.gov/web/drc_policies/documents/68-MED-09.pdf.

Oregon Department of Corrections. 2014. “Nonconforming Gender (Inmate),” Policy 291-210-0010, http://arcweb.sos.state.or.us/pages/rules/oars_200/oar_291/291_210.html.

Washington State Department of Corrections. 2012. “Health Services Management,” No. DOC 600.000, http://www.doc.wa.gov/Policies/default.aspx?show=600.

Police Departments and Lock-ups

Boston Police Department. 2013. “Transgender Policy,” Number SO 13-025.

Little Rock Police Department. 2013. “Interactions with Transgender, Intersex and Gender Non-Conforming Individuals,” General Order 327.

Los Angeles Police Department. “Police Interactions with Transgender Individuals,” Notice 1.2.

Miami Beach Police. “Transgender Interactions,” SOP #050.

New York City Police Department. 2012. “Revision to Patrol Guide 208-05: Arrests General Search Guidelines,” PG 208-05.

Juvenile

Alameda County Social Services Agency. 2007. “Department of Children and Family Services LGBTQ Policy,” http://pathwaytohome.org/adoption/LGBTQPolicyFinalapproved3-6-07.pdf.

Colorado Department of Human Services Division of Juvenile Corrections. 2014. “Non-Discriminatory Services to Lesbian, Gay, Bisexual, Transgender, Questioning, and Intersex (LGBTQI) Juvenile.” Policy S 13.9, http://www.colorado.gov/cs/Satellite/CDHS-ChildYouthFam/CBON/1251647962462.

Cook County Juvenile Detention Center. 2014. “Lesbian, Gay, Bisexual, Transgender, Questioning, Intersex (LGBTQI) Residents.” Policy V5C11P02.

Kansas Juvenile Justice Authority. 2013. “Searches and Contraband Control,” Section 12-103.

Massachusetts Department of Youth Services. 2014. “Prohibition of Harassment and Discrimination Against Youth,” Policy 03.04.09.

New Jersey Juvenile Justice Commission. 2013. “LGBTQI Juveniles” Polciy No. 13ED: 01.02A.

New York State Office of Children and Family Services. 2008. “Lesbian, Gay, Bisexual, Transgender and Questioning Youth,” No. PPM 3442.00, http://archive.srlp.org/files/LGBTQ_Youth_Policy_PPM_3442_00.pdf.

Ohio Department of Youth Services. 2014. “Lesbian, Gay, Bisexual, Transgender and Intersex Youth,” Standard Operating Procedure Number: 304.02.01.

State of Connecticut Policy Manual. 2004. “Non-Discrimination of LGBTQI Individuals,” No. 30-9, http://www.ncsl.org/print/cyf/Connecticut_CYF_Policy.pdf.

State of Illinois Department of Children and Family Services. 2002. “Assessment and Treatment of Lesbian, Gay, Bisexual, Transgender and Questioning (LGBTQ) Youths,” No. 2002.17, http://www.state.il.us/dcfs/docs/ocfp/policy/pg200217.pdf.

  

Appendix F. Training Matrices

This appendix contains resources (a matrix of topics for staff and youth) for training and curricula development on addressing the needs of LGBTI adults and youth in custody.

1. Recommended Training for Staff

Subject

Audience

 

Admin and Legal

Line Staff

Investigations and HR

Medical and Mental
Health Staff

Juvenile Staff

Volunteers

Contractors

Understanding LGBTI Inmates/Youth

  • Definitions and terminology
  • Special concerns and unique needs
  • Addressing myths about LGBTI inmates/youth
  • Effective interventions: harassment

X

X

X

X

X

X

X

Prison Rape Elimination Act

X

X

X

X

X

X

X

Human Development and Sexuality

  • Why understanding sexuality in this context is important
  • Development and gender identity

X

X

X

X

X

X

X

Culture

  • Role of leadership
  • Staff attitudes
  • The code of silence
  • Staff who identify as LGBTI

X

X

X

X

X

X

X

State Laws

X

X

X

X

X

X

X

Agency Policy

X

X

X

X

X

X

X

 

Operational Practices

  • Classification
  • Searches
  • Supervision of LGBTI offenders/youth

X

 

 

 

 

 

 

Medical and Mental Health Care

  • Treatment protocols

X

 

 

X

 

 

 

Managing Vulnerable Inmates

  • Risks for LGBTI inmates/youth

X

X

X

X

X

X

X

Human Resource Issues

  • Unions
  • Collective bargaining

X

 

X

 

 

 

 

Civil Liability

X

X

X

X

X

X

X

2. Recommended Training for Youth

Subject

Audience

 

Boys 10–15

Boys 16–19

Girls 10–15

Girls 16–19

Understanding LGBTI Youth

  • Definitions and terminology
  • Addressing myths about LGBTI inmates/youth Effective interventions: harassment

X

X

X

X

Commitment to Safety

  • Agency values
  • Available resources
  • What to expect
  • Agency policy

X

X

X

X

Adolescent Development and Sexuality

  • Appropriate activities
  • Healthy boundaries
  • Appropriate relationships
  • Sexually transmitted diseases
  • Healthy choices
  • LGBTIQQ
  • Sexual arousal (what to do)
  • Physical
  • Emotional
  • Cognitive
  • Gender differences
  • Hygiene

Only some portions of this section

X

Only some portions of this section

X

Culture

  • Adolescent culture
  • Agency culture
  • Bullying
  • Red flags
  • Religious beliefs
  • Values
  • Terminology/communication
  • Drugs
  • Diversity

Only some portions of this section

X

Only some portions of this section

X

Victimization

  • Prevention
  • Past victimization
  • Protecting oneself
  • Medical treatment

X

X

X

X