Transgender Inmate Count and Housing Placement

This is in response to your IPRA request dated 6-3-19. The Office of General Counsel for the New Mexico Corrections Department (NMCD) has received your request and is in the process of reviewing it.

Pursuant to 14-2-8(D) of the IPRA, you will be provided with this agency’s response, including whether the Department has any objections (based on exemptions provided in the IPRA), within 15 days of receipt of your request, on or before 6-18-19.

However, pursuant to 14-2-10 of the IPRA if the Department determines that your request is excessively burdensome or broad, you will be notified within the timeframe noted above and provide you with an estimate of how much additional time will be needed to comply with your request.

Sincerely,

Catherine Ahring (fka EARL)
IPRA Paralegal
Catherine ahring@state.nm.us
NMCD-OGC
505-827-8719

The information contained in this electronic communication is protected by the Electronic Privacy Act, 18 U.S.C. 2510 et seq., the attorney-client privilege and/or work product doctrine. It is intended for the use of the individual and/or entity named above and the privileges are not waived by virtue of having been sent electronically. If the person actually receiving this communication is not the intended recipient or employee or agent responsible for delivering it to the intended recipient, any use, distribution, or copying this communication sent or received in error is strictly prohibited.

Please be advised that under the IPRA statutes, we will need the address and phone number for Ms. Oeser. We also need the contact information for Muckrock. Thank you.

Thank you.

Pursuant to your IPRA request 19-211, attached is a spreadsheet identifying the transgender inmate count and housing placement. Names and other identifying information have been redacted under 28 CFR Section 115.89 (c) as they are confidential under the PREA.

The spreadsheet reflects that the Department houses fifteen (15) transgender women in male facilities.

There is one inmate assigned male at birth who has had reconstructive surgery and is housed in a female facility.

The Department has now fully responded to your request and is closing this matter. NMCD designated IPRA custodian of records, Andrew Kuhlmann, is responsible for any denial contained herein.

Catherine Ahring (fka EARL)
IPRA Paralegal
catherine ahring@state.nm.us
NMCD-OGC
505-827-8719

The information contained in this electronic communication is protected by the Electronic Privacy Act, 18 U.S.C. 2510 et seq., the attorney-client privilege and/or work product doctrine. It is intended for the use of the individual and/or entity named above and the privileges are not waived by virtue of having been sent electronically. If the person actually receiving this communication is not the intended recipient or employee or agent responsible for delivering it to the intended recipient, any use, distribution, or copying this communication sent or received in error is strictly prohibited.

To Whom It May Concern:

Pursuant to the New Mexico Inspection of Public Records Act, I hereby request the following records:

A complete and accurate count of all transgender inmates currently in custody in the Corrections Department as mandated to be recorded by the Prison Rape Elimination Act including:
-the number of transgender women in custody
-the number of transgender women who are housed in men's facilities
-the number of transgender men in custody
-the number of transgender men who are housed in women's facilities

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 15 business days, as the statute requires.

Sincerely,

Kathryn Sosin Oeser

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For mailed responses, please address (see note):
MuckRock News
DEPT MR 74762
411A Highland Ave
Somerville, MA 02144-2516

PLEASE NOTE: This request is not filed by a MuckRock staff member, but is being sent through MuckRock by the above in order to better track, share, and manage public records requests. Also note that improperly addressed (i.e., with the requester's name rather than "MuckRock News" and the department number) requests might be returned as undeliverable.
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