The Pennsylvania Department of Corrections recently instituted new policies in response to the federal Prison Rape Elimination Act, but critics say the rights of trans inmates continue to be violated.
The new policies ease restrictions on gender expression for trans inmates in state prisons, ensure appropriate health care and allow for trans inmates to be housed in facilities consistent with their gender identity.
But the DOC has 147 transgender inmates, including one post-operative trans inmate. All of the pre-operative trans inmates are housed in facilities that are inappropriate for their gender identity. Critics say this situation indicates the DOC isn’t fully compliant with PREA.
Julie Chovanes, a transgender advocate and attorney, expressed outrage that all of the pre-operative trans inmates are housed in DOC facilities inconsistent with their gender identity.
“The DOC’s numbers for trans inmates speak for themselves,” Chovanes said. “It is simply unbelievable that no [pre-operative] trans inmate should be in a transgender-appropriate facility.”
DOC Secretary John E. Wetzel released this statement about the rights of trans inmates: “Examining how we can better treat and respect transgender inmates in our system is a priority of the administration and our department. Since Gov. [Tom] Wolf took office, significant changes have been made to keep up with best practices and to better ensure these inmates are treated with respect and dignity. In June 2015, the DOC removed an outdated blanket prohibition on sexual-reassignment surgery. At the same time, we also issued a revised PREA policy that allows for transgender inmates to make gender-appropriate commissary purchases.”
Susan McNaughton, a DOC spokesperson, said the department houses 15 trans men and 132 trans women. She said a variety of factors are considered prior to housing trans inmates.
“Placement decisions must carefully weigh all available information to include the health and safety of all incarcerated individuals,” McNaughton said in an email. “This is a difficult balance but we strongly believe Pennsylvania is progressing in the right direction and well ahead of many other states in this area.”
McNaughton added: “[T]he DOC gives serious and thoughtful consideration to the views of transgender individuals as well as whether the placement would present overall management or security problems.”
DOC policies ensure that trans inmates can shower in private stalls and have access to gender-appropriate commissary items, including bras, panties, make-up and barrettes. McNaughton also said the DOC provides appropriate health care for trans inmates, including hormone therapies at prescribed levels.
“The DOC has historically provided and will continue to provide appropriate medical treatment to all incarcerated individuals. All inmates are provided a medical examination upon arrival in DOC custody. Current medical issues and prescriptions are evaluated and treatment is provided in accordance with generally accepted standards of care.”
Additionally, McNaughton said the DOC complies with federal standards for eliminating rape within prisons.
“The DOC’s PREA policy is fully compliant with the federal PREA standards. Inmate housing decisions are made on a case-by-case basis that takes into account all of the information derived from the DOC’s reviews and assessments, including the views of transgender inmates, the safety of other inmates and management and security issues. This process was only fully implemented earlier this year. Examining how we can better treat and respect transgender inmates in our system is a priority of the administration and our department. Continuous improvement of these reforms and practices is a priority.”
Chovanes said the DOC should adhere to federal guidelines for eliminating rape in prisons.
“The DOC is simply not following [PREA] policy. The thing speaks for itself. Moreover, when one considers the extreme difficulties and pressure trans inmates must suffer, apparently no consideration is being given to mental-health issues that the inmate may have and/or caused by the draconian incarceration policy.”
Chovanes added: “Trans inmates are people — more vulnerable than most, and certainly at least as deserving of protection as any inmate in the prison population. The DOC is apparently violating its own policy by treating trans inmates as it does, as well as violating its basic mission to provide all inmates, including trans inmates, with basic respect and dignity.”
Jordan Gwendolyn Davis, another trans advocate, echoed Chovanes’ concerns.
“We need more objective [housing] criteria, and it needs to lean more towards the self-perception of the inmate’s safety, rather than phantom concerns by the administration — for administrative discretion equals administrative violence.”
Kathy R. Padilla, a transgender advocate, expressed mixed views about the DOC’s treatment of trans inmates.
“That these women will receive some necessary personal care items, medically necessary health care, some small protection from rape and a modicum of dignity and privacy while incarcerated with men should be unquestioned by anyone concerned with justice and rehabilitation,” Padilla said. “How can society expect anyone to reenter society with hope of success given the conditions they were subjected to? Housing these women with men encourages sexual assault; this needs to be corrected going forward.”
Padilla added: “My thanks to President Obama for setting minimum standards to ensure these women aren’t tortured as part of their sentence, and to Gov. Wolf for implementing them. These standards must be reviewed to ensure adequacy and monitored to ensure compliance on a regular basis. Elections really do matter.”
Harper Jean Tobin, policy director for the National Center for Transgender Equality, also expressed concern about Pennsylvania’s treatment of trans inmates.
“We have far too many people in prison and a serious problem with prison rape,” Tobin said in an email. “Because of the stigma they face, transgender people are more likely to end up in prison and to be abused there. Pennsylvania’s policy copies and pastes standards from federal PREA rules published in 2012. But if [DOC] reviewed 147 transgender prisoners and did not house a single [pre-operative trans inmate] consistent with their gender identity, they are not following the rules. That is troubling since transgender women housed with men are nine-13 times as likely to be raped as other prisoners.”
When asked about the increased risk of violence for trans inmates, McNaughton said: “Decisions for transgender inmates, especially related to housing, are inherently difficult in a system that is structurally divided by gender. However, we recognize a need to treat these inmates with the same dignity that we seek to provide for all inmates. We strongly believe Pennsylvania is progressing ahead of the curve and many other states in this area but DOC has still made continuous improvement of these reforms a priority. We are currently working with Physician General Dr. Rachel Levine and members of the transgender community to be more inclusive of advocates in our centralized review processes.”
McNaugton added: “[U]nit staff meet with any transgender inmate at a minimum of twice per year to review the inmate’s housing, bed placement, programming, work and education status as well as to discuss any threats to safety experienced. This regular, dynamic review allows the DOC to monitor housing placement decisions with the direct input of the inmate at regular intervals. In addition, inmates may always contact staff at any time with concerns.”
Levine, a trans woman and the state’s physician general, said she’s aware of concerns about inappropriate housing for transgender inmates.
“This is a very difficult and complicated issue,” Levine told PGN. “I believe the DOC is extremely committed to doing the right thing. We are making progress. I am giving ongoing input to the DOC on this issue. I’m very optimistic that we’re moving in the right direction.”