U.S. Department of Justice

Policy Review and Development Guide: Lesbian, Gay, Bisexual, Transgender, and Intersex Persons in Custodial Settings

Publication year: 2013

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Superseded by NIC accession no. 031373.

“This guide includes information that will help adult correctional facilities and juvenile justice agencies to assess, develop, or improve policies and practices regarding LGBTI [lesbian, gay, bisexual, transgender, and intersex] individuals in their custody. The guide is not meant to be a quick reference for writing policies appropriate for all agencies and/or facilities. It is intentionally vague on “how to” advice and “plug and play” policy guidance. Guides for writing policies exist in many forms. Rather, the purpose of this guide is to (1) define agencies’ obligations to LGBTI populations, both legally and in accordance with PREA [Prison Rape Elimination Act] standards, (2) begin a dialogue within agencies regarding the safety and treatment needs of LGBTI populations, and (3) guide agencies in asking good questions about practices and implementation strategies for meeting the needs of LGBTI populations” (p. 1). It is made up of three chapters: introduction and overview—introduction, evolving terminology and definitions, core principles for understanding LGBTI individuals in custody, and emerging data on LGBTI individuals in custodial settings and the challenges they face; LGBTI youth under custodial supervision—the law, PREA standards, other governing principles (state human rights laws and professional codes of ethics), and elements of legally sound and effective policy and practice; and LGBTI adults under custodial supervision—the law, PREA standards, and elements of legally sound and effective policy and practice. Appendixes provide: glossary; case law digest; additional resources; webpages with sample policies; and a training matrix.