Transgender Inmate Count and Housing Placement

Kathryn Sosin Oeser filed this request with the Department of Corrections of South Dakota.
Status
Completed

Communications

From: Kathryn Sosin Oeser


To Whom It May Concern:

Pursuant to the South Dakota Open Records Law, I hereby request the following records:

A complete and accurate count of all transgender inmates currently in custody in the Department of Corrections 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 number of transgender people who are taking hormones

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 10 business days, as the statute requires.

Sincerely,

Kathryn Sosin Oeser

From: Department of Corrections

May 15, 2019

Kathryn Sosin Oeser
Muckrock

Kathryn,

We have received your request for information on transgender inmates in our state prison system.

We are working on finalizing a response and expect to have information to you within the next week or so.

Sincerely,

Mike Leidholt
Cabinet Secretary
South Dakota Department of Corrections

From: Department of Corrections

From: requests@muckrock.com <requests@muckrock.com>
Sent: Thursday, May 2, 2019 10:27 AM
To: Winder, Michael <Michael.Winder@state.sd.us>
Subject: [EXT] South Dakota Open Records Law Request: Transgender Inmate Count and Housing Placement

Department of Corrections
SDORL Office
3200 South Dakota 34
Pierre, SD 57501

May 2, 2019

To Whom It May Concern:

Pursuant to the South Dakota Open Records Law, I hereby request the following records:

A complete and accurate count of all transgender inmates currently in custody in the Department of Corrections 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 number of transgender people who are taking hormones

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 10 business days, as the statute requires.

Sincerely,

Kathryn Sosin Oeser

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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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From: Kathryn Sosin Oeser

Thank you so much for this response. Can you confirm/ clarify if all of the 33 inmates housed in male facilities are transgender women (women who transition from male to female) and if the 2 housed in women's facilities are transgender men (men who transition from female to male)?

I very much appreciate your timely reply!

From: Department of Corrections

There appears to be a difference in regard to definitions. To clarify, our previous response was based on the number of inmates who self-identify as transgender for purposes of the Prison Rape Elimination Act (PREA) recording.

The 33 biological males who self-identify as female gender are housed in male facilities. The two biological females who self-identify as male gender are housed in female facilities. None of the inmates who self-identify as transgender are housed in a facility opposite of their biological sex.

From: Kathryn Sosin Oeser

Thank you so much

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