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Lesbian, Gay, Bisexual, Transgender and Intersex Persons in Custody - NIC Resources

Good correctional practice includes applying principles of risk based classification to all adult and juvenile offenders while accounting for unique characteristics and concerns of LGBTI and gender non-conforming populations. To ensure a culture of safety, it is important to identify these individuals at intake. A culture of safety includes everyone understanding and practicing respectful, appropriate and professional language.

Intake personnel function as the “gatekeepers” for correctional systems and facilities and are a critical component in the information gathering process. If information obtained at intake is inaccurate or misleading, it can have dire consequences and impact safety. Staff must have clear guidelines allowing for the consistent identification of LGBTI offenders and the collection of key information. Establishing good communication at intake is essential to obtain the necessary information for appropriate housing, medical and mental health referrals, programs, security level, and services in the community. During this broadcast we will demonstrate effective and professional communication with LGBTI offenders during intake and make recommendations to improve the intake process.

Using a variety of methods including on-air discussions and activities, demonstrations and skills practice, this two-day six-hour interactive training broadcast is designed to: establish the relevance of initial information-gathering and how it impacts LGBTI populations from intake to successful reentry; provide recommendations and good correctional practice examples to ensure a culture of respect and safety at intake for LGBTI populations and correctional staff; and provide practical examples and demonstrate professional communication with LGBTI populations at intake.

LGBTI Populations: Intake – Creating a Culture of Safety [Internet Broadcast] Cover

Correctional agencies face many challenges surrounding the safe management of the populations they house and supervise. Due in part to changes in federal and state laws and the outcome of successful offender litigation, care and management of the LGBTI population has been identified as an emerging correctional issue that deserves special attention. While gender non-conforming offenders have always been present in facilities and on caseloads, we now have the opportunity to share information about this issue with a broader number of stakeholders and identify responsible and safe practices that are respectful of differences and reduce agencies’ susceptibility to liability and litigation.

This 3-hour broadcast from November 7, 2012 is meant to inform and increase awareness of strategies for developing policies and procedures for LGBTI populations. The broadcast will highlight promising practices by providing resources and examples of agencies who are responding to the needs of the LGBTI population in their setting. During this national discussion sponsored and broadcast by the National Institute of Corrections, presenters will: define a framework for developing strategies for ensuring the safety, dignity, and respect of LGBTI individuals in corrections settings; identify typical concerns and challenges that arise as agencies address the needs and requirements of LGBTI offenders in corrections settings; identify operational practices that can increase effectiveness of working with LGBTI offenders; and review and discuss effective policy and program development strategies that address LGBTI populations in corrections.

LGBTI Populations: Their Safety, Your Responsibility  Cover

Do you and your agency have questions about the management of transgender persons in custody?

In response to this emerging correctional issue, the National Institute of Corrections conducted a live internet broadcast designed to: provide information to agency legal counsel and corrections professionals regarding transgender persons in custody and their presumptive legal rights; demystify the issues surrounding policy and procedures decisions affecting this population; and identify emerging challenges and opportunities to provide strategies for ensuring equity while maintaining safety and security.

During this internet broadcast, held March 29, 2017, the presenters:

  • Address agencies questions regarding issues, barriers, challenges and practices that affect transgender persons in custody;
  • Illustrate areas of greatest liability for agencies regarding transgender persons in custody; Determine areas to address in agency policy and procedure;
  • Explain steps agencies should take to ensure the safety and security of this population while in custody;
  • and Presenters will also share recommendations and resources.

This broadcast will answer the following questions:

  • What is the current state of litigation regarding transgender persons in custody?
  • What legal rights do transgender persons in custody have?
  • What are the best and promising practices for safe and secure housing of transgender persons?
  • How can my agency provide reasonable accommodations for transgender persons in our custody?

Please note that this broadcast was recorded in 2017 and the field has continued to move forward since the recording. Some states have had new court decisions impacting transgender persons, NIC recommends additional research to make sure you have the latest information.

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