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Biased practices, as the Federal government has long recognized, are unfair, promote mistrust of law enforcement, and perpetuate negative and harmful stereotypes. Moreover—and vitally important—biased practices are ineffective … Law enforcement practices free from inappropriate considerations, by contrast, strengthen trust in law enforcement agencies and foster collaborative efforts between law enforcement and communities to fight crime and keep the Nation safe. In other words, fair law enforcement practices are smart and effective law enforcement practices. Even-handed law enforcement is therefore central to the integrity, legitimacy, and efficacy of all Federal law enforcement activities. The highest standards can—and should—be met across all such activities. Doing so will not hinder—and, indeed, will bolster—the performance of Federal law enforcement agencies’ core responsibilities. This new Guidance applies to Federal law enforcement officers performing Federal law enforcement activities, including those related to national security and intelligence, and defines not only the circumstances in which Federal law enforcement officers may take into account a person’s race and ethnicity … but also when gender, national origin, religion, sexual orientation, or gender identity may be taken into account. This new Guidance also applies to state and local law enforcement officers while participating in Federal law enforcement task forces" (p. 1). Guidance is provided for: routine or spontaneous activities in domestic law enforcement; all activities other than routine or spontaneous law enforcement activities—never rely on generalized stereotypes, only on specific characteristic-based information, information must be relevant to the locality or time frame, information must be trustworthy, characteristic-based information must always be specific to particular suspects or incidents, reasonably merited under the totality of the circumstances, actions related to national security, homeland security, and all other intelligence activities, training, data collection, and accountability.

Guidance for Federal Law Enforcement Agencies Regarding the Use of Race, Ethnicity, Gender, National Origin, Religion, Sexual Orientation, or Gender Identity Cover

"Transgender (TG) persons are overrepresented in prison settings and in the U.S. veteran population. Health disparities studies of large populations of transgender people involved with the criminal justice system have not been published to date … "This investigation sought to describe characteristics associated with JI in a sample of veterans with TG identification and to determine whether health disparities exist when compared to non-TG veterans with a JI history" (p. 297, 298). Results are presented regarding: characteristics of TG and non-TG veterans; sample characteristics of justice involved (JI) TG and non-TG veterans; characteristics of justice involved TG and justice involved non-TG veterans; and the effects of TG status and VJP [Veteran Justice Programs] involvement on medical and mental health problems. Findings suggest that TG veterans are more like to be involved with the justice system, to have been homeless at one time or another, and/or experienced sexual assault while serving in the military compared to non-TG JI (justice involved) veterans. TG JI veterans also at increased risk for depression, posttraumatic stress syndrome (PTSD), serious mental illness, suicide, hypertension, and obesity. "These data suggest that TG veterans experience a number of health risks compared to non-TG veterans, including an increased likelihood of justice involvement. TG veterans involved with the criminal justice system are a particularly vulnerable group and services designed to address the health care needs of this population, both while incarcerated and when in the community, should take these findings into account in the development of health screenings and treatment plans" (p. 297).

Health Correlates of Criminal Justice Involvement in 4,793 Transgender Veterans cover

“Protection from sexual abuse in immigration detention is particularly important for lesbian, gay, bisexual, and transgender, or LGBT, individuals as they are among the most vulnerable to sexual abuse in confinement. DHS [Department of Homeland Security] introduced PREA [Prison Rape Elimination Act] standards in early March to establish a “zero tolerance standard” for rape and to protect immigrants in detention facilities from sexual abuse. These standards are an important step toward protecting immigrants, but further reforms are still needed” (p. 1). Topics addressed include: sexual assault in immigration detention; the Prison Rape Elimination Act; the U.S. Department of Homeland Security’s PREA standards—zero-tolerance policy for sexual abuse, safe placement standards, standards on training and searches, and reporting requirements.

How the Prison Cover

This is a 24-hour training covering the national Prison Rape Elimination Act Standards and implications for responding to the different needs of men, women and LGBTI inmates who are sexually abused in custody.

Following are the goals of the training.

  1. Review the Prison Rape Elimination Act (PREA) standards and identify their impact on administrative investigations and human resources.
  2. Identify components of investigative and human resource policies and procedures as they relate to sexual abuse of persons in custody.
  3. Understand the legal and investigative implications of and strategies for responding.
  4. Intended audience (similar to what we have done for webinars—please provide a list of who is best suited to receive the training)

The audience for this particular training is high-level correctional administrators in leadership positions who have the ability to initiate intra-agency change. Likely trainees include deputy commissioners, lead human resources personnel, general counsel, lead administrative investigators, PREA coordinators, PREA compliance managers, jail administrators, and division directors.

Human Resources and Administrative Investigations Employee Training Cover

By inspiring and engaging individuals and communities, the Human Rights Campaign strives to end discrimination against LGBTQ+ people and realize a world that achieves fundamental fairness and equality for all. HRC envisions a world where lesbian, gay, bisexual, transgender and queer people plus community members who use different language to describe identity are ensured equality and embraced as full members of society at home, at work and in every community.

This report examines the "characteristics of sexual minority US inmates … Sexual minorities (those who self-identify as lesbian, gay, or bisexual or report a same-sex sexual experience before arrival at the facility) were disproportionately incarcerated: 9.3% of men in prison, 6.2% of men in jail, 42.1% of women in prison, and 35.7% of women in jail were sexual minorities. The incarceration rate of self-identified lesbian, gay, or bisexual persons was 1882 per 100 000, more than 3 times that of the US adult population. Compared with straight inmates, sexual minorities were more likely to have been sexually victimized as children, to have been sexually victimized while incarcerated, to have experienced solitary confinement and other sanctions, and to report current psychological distress …There is disproportionate incarceration, mistreatment, harsh punishment, and sexual victimization of sexual minority inmates, which calls for special public policy and health intervention" (p. 234).

American Journal of Health-System Pharmacy (AJHP) v. 107 n. 2, p. 234-240.

Incarceration Rates and Traits of Sexual Minorities in the U.S. cover

This is an excellent illustration of why there are a significant number of HIV positive lesbian, gay, bisexual, and transgender (LGBT) individuals housed in correctional facilities. Elements of this infographic are drivers of incarceration, harms faced within the system, and lasting consequences.

Infographic: Why Are So Many LGBT People and People Living with HIV Behind Bars? Cover

Just Detention International is a health and human rights organization that seeks to end sexual abuse in all forms of detention.

“Many young people who are lesbian, gay, bisexual, transgender or questioning their sexual orientation or gender identity (LGBTQ) and in the custody of juvenile justice and delinquency systems are unsafe in their placements and are not receiving appropriate services. Professionals working within these systems must ensure that LGBTQ young people are protected from harm and supported in their development” (p. 1). This publication provides a brief, but very good, explanation of how people working with LGBTQ youth should treat them. Professionals need to: acknowledge their existence; understand the factors contributing to disproportionate numbers of LGBTQ youth in the systems; adopt policies to improve the quality of care provided to LGBTQ youth; seek alternatives to detention of LGBTQ youth; seek out safe, affirming placements; protect the right of LGBTQ youth to safety; ensure freedom from unreasonably restrictive conditions of confinement; provide appropriate services; protect LGBTQ youth from sexual abuse; don’t assume LGBTQ youth are potential sex offenders; provide a sound classification system; and never unnecessarily isolate LGBTQ youth from the general population.

Keeping LGBTQ Youth Safe Cover

"This guide identifies laws, court decisions, advocacy tips, and other resources that may be helpful for adult transgender prisoners. Each transgender person’s experience in prison and jail is different, in part because the conditions vary a great deal from one prison to another and change over time. However, the safety and health of every transgender prisoner in the United States is guaranteed by the U.S. Constitution no matter where the prisoner is held" (p. 2). Sections cover: the Prison Rape Elimination Act (PREA); safety and protection from violence; medical care; housing and administrative segregation; searches and privacy; safely preserving and enforcing your rights; and additional resources—legal and advocacy organizations, and links to useful documents.

Know Your Rights: Laws, Court Decisions, and Advocacy Tips to Protect Transgender Prisoners Cover


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