NCJ Number
244941
Date Published
January 2014
Length
19 pages
Annotation
This toolkit is designed for advocates both in and outside of correctional settings in using the provisions of the Prison Rape Elimination Act (PREA) to end the abuse of lesbian, gay, bisexual, transgender, and intersex (LGBTI) individuals in Federal, State, and local correctional facilities.
Abstract
The toolkit identifies key LGBTI issues that should be monitored in custodial settings and suggests actions that can further compliance with PREA provisions in the identified areas of custodial management. One PREA directive pertains to definitions related to sexual abuse and reporting mechanisms. Efforts under this provision may omit definitions related to LGBTI individuals in custody. The toolkit suggests advocating for clear definitions related to LGBTI definitions. Suggestions are offered for terms and definitions for correctional facilities to include when developing and revising PREA directives. A second issue identified in the toolkit pertains to individualized assessment for the placement of LGBTI individuals. At a minimum, screening at admission should determine whether the inmate is or is perceived to be gay, lesbian, bisexual, transgender, intersex, or gender nonconforming. Agencies are then charged under PREA to use this screening information to inform "housing, bed, work, education, and program assignments with the goal of keeping separate those inmates at high risk of being sexually victimized from those at high risk of being sexually abusive." Safety determination must be made on an individualized basis. A third issue identified in the tool kit concerns searches and supervision of transgender individuals. PREA regulations prohibit any search that is conducted for the sole purpose of determining an individual's genital status. Also, requiring transgender and intersex individuals to shower with groups of inmates violates PREA regulations. A fourth issue discussed in the toolkit regards strict limits on the use of protective custody with LGBTI inmates. Notes