Transwoman transferred after abuse complaint

A transgender woman was transferred to a male prison this week after spending more than a year in the city’s only all-female prison.

Jovanie Saldana, 23, has been incarcerated at Riverside Correctional Facility since July 2010, when she was arrested for armed robbery and other offenses.

During that time, prison officials were apparently unaware that Saldana is transgender, a revelation that came to light recently after Saldana lodged a complaint of sexual abuse against a correctional officer.

Saldana accused the officer of forcing her to perform oral sex on him, and during the investigation of this complaint, prison officials reportedly heard Saldana discussing her gender identity on the phone with family members.

“During the investigation, Saldana was overheard making references that he was a male,” said prison spokesperson Shawn Hawes.

Saldana reportedly presented as a female, with long hair and breasts, but has not had sexual-reassignment surgery.

According to the prison system’s policy, inmates are assigned to male or female housing units based on their external genitalia and recommendations from medical personnel, who base their opinions on a physical and psychological evaluation and the inmate’s medical history.

Inmates arrested on felony charges, as Saldana was, are supposed to undergo strip and cavity searches upon arrival at a city prison, but it is unclear if that procedure was followed for Saldana.

Hawes said an investigation is underway to determine if there were protocol violations that led to Saldana’s assignment to Riverside for the past year.

According to Hawes, Saldana did not self-identify as transgender during the intake process, thus medical intake staff did not conduct an interview at that time. Following the discovery, Hawes told PGN Saldana was evaluated, interviewed and counseled.

As for Saldana’s charge of sex abuse, the accused officer has been reassigned, and Hawes said the complaint is under investigation by both the prison system and Philadelphia Police Department.

Hawes said the system does attempt to offer protections for inmates who could face added challenges in prison, such as those who are transgender.

“They’re not just thrown into the population and left to fend on their own,” she said.

When intake officers observe an inmate who could potentially be transgender, he or she, along with others who display special needs, are placed in a single holding cell.

Throughout the intake process, staff evaluates inmates before a private health screening is conducted. In the case of transgender inmates, the medical-service provider will “determine anatomical gender” of the inmate and evaluate if the individual has documentation or a medical referral to support his or her transgender status.

The provider will then determine whether the inmate’s transgender status is “confirmed” or “unsubstantiated” and work with the Classification Unit to assign a housing unit. Those whose status has been “confirmed” will be treated according to their “adopted” gender, with an emphasis on protective custody or transitional housing, options provided “as needed” to those whose status is unsubstantiated.

Jen Colletta can be reached at [email protected].

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