Through a cooperative agreement between BJA and Impact Justice

12a. Other Issues - LGBTI and Gender-Nonconforming Inmates

Lesbian, Gay, Bisexual, Transgender, Intersex (LGBTI), and Gender-Nonconforming Inmates

The standards account in various ways for the particular vulnerabilities of inmates, detainees, and residents who are LGBTI or whose appearance or manner does not conform to traditional gender expectations. Standard 115.31/115.231/115.331 requires agencies to train employees in effective and professional communication with LGBTI and gender-nonconforming inmates and residents, and Standard 115.41/115.241/115.341 requires the screening process to consider whether the inmate or resident is, or is perceived to be, LGBTI or gender nonconforming.7 Standard 115.86/115.186/115.286/115.386 also requires that post-incident reviews consider whether the incident was motivated by LGBTI identification, status, or perceived status.

In addition, Standard 115.42/115.242/115.3428 prohibits agencies from placing LGBTI inmates and residents in dedicated facilities, units, or wings in adult prisons, jails, or community confinement facilities solely on the basis of such identification or status, unless such placement is in a dedicated facility, unit, or wing established in connection with a consent decree, legal settlement, or legal judgment for the purpose of protecting such inmates or residents. Such placement is not allowed at all in juvenile facilities. The standard also mandates that transgender and intersex inmates and residents be given the opportunity to shower separately from other inmates and residents.

Finally, the standards address some issues specific to transgender and intersex inmates, detainees, and residents. Standard 115.15/115.115/115.215/115.315 imposes a complete ban on searching or physically examining a transgender or intersex inmate/detainee/resident for the sole purpose of determining the person’s genital status. Agencies must train security staff in conducting professional and respectful cross-gender pat-down searches and searches of transgender and intersex individuals.

[7] In the lockup standards, Standards 115.131 and 115.141 do not specifically reference LGBTI identity or gender-nonconforming appearance. Standard 115.131 requires training on how to communicate effectively with all detainees, and Standard 115.141 requires staff to ask detainees about their own perceptions of vulnerability and to consider the physical build and appearance of detainees.

[8] This standard does not apply to lockups.


Other Issues - Resources - Adult Prisons and Jails

Adult Prisons and Jails