Transgender Inmate Count and Housing Placement (Department of Corrections)

To Whom It May Concern:

Pursuant to the Vermont Public Records Act, 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 3 business days, as the statute requires.

Sincerely,

Kathryn Sosin Oeser

Hello,
All of these answers are available via the National PREA Resource Center: https://www.prearesourcecenter.org/sites/default/files/library/lgbtiadultwebinarfinaljdi121812.pdf

Hello,
Happy to provide more information. I'm not sure if there was an attachment with your last message, but it did not come through.

The definitions for transgender people as outlined by the National PREA Resource Center are:
Transgender woman: person whose birth sex was male but who understands herself to be, and desires to live her life as, a female

Transgender man: person whose birth sex was female but who understands himself to be, and desires to live his life as, a male

PREA Guidelines are HERE: https://www.prearesourcecenter.org/training-technical-assistance/prea-101/prisons-and-jail-standards

Here is the language: Screening for Risk of Sexual Victimization and Abusiveness - Prisons and Jails
§ 115.41 Screening for risk of victimization and abusiveness
(a) All inmates shall be assessed during an intake screening and upon transfer to another facility for their risk of being sexually abused by other inmates or sexually abusive toward other inmates.

(b) Intake screening shall ordinarily take place within 72 hours of arrival at the facility.

(c) Such assessments shall be conducted using an objective screening instrument.

(d) The intake screening shall consider, at a minimum, the following criteria to assess inmates for risk of sexual victimization:

(1) Whether the inmate has a mental, physical, or developmental disability;

(2) The age of the inmate;

(3) The physical build of the inmate;

(4) Whether the inmate has previously been incarcerated;

(5) Whether the inmate’s criminal history is exclusively nonviolent;

(6) Whether the inmate has prior convictions for sex offenses against an adult or child;

(7) Whether the inmate is or is perceived to be gay, lesbian, bisexual, transgender, intersex, or gender nonconforming;....

ALSO:
(c) In deciding whether to assign a transgender or intersex inmate to a facility for male or female inmates, and in making other housing and programming assignments, the agency shall consider on a case-by-case basis whether a placement would ensure the inmate’s health and safety, and whether the placement would present management or security problems.

(d) Placement and programming assignments for each transgender or intersex inmate shall be reassessed at least twice each year to review any threats to safety experienced by the inmate.

(e) A transgender or intersex inmate’s own views with respect to his or her own safety shall be given serious consideration.

(f) Transgender and intersex inmates shall be given the opportunity to shower separately from other inmates.

(g) The agency shall not place lesbian, gay, bisexual, transgender, or intersex inmates in dedicated facilities, units, or wings solely on the basis of such identification or status, unless such placement is in a dedicated facility, unit, or wing established in connection with a consent decree, legal settlement, or legal judgment for the purpose of protecting such inmates.

Thank you so much!