Title: Transgender Offenders
Category: Offender Management
Implement Date: 15 August 2008
Application: Custodial Operations
|2.2||Determining the placement facility|
|2.3||Accommodation within the placement facility|
|3.1||Searches and substance testing|
|3.2||Clothing and personal care items|
|4.||Hormone treatment or gender reassignment surgery|
To provide for the management of transgender offenders.
"Transgender offender" means an offender who-
Note: An offender who has had his/her sexual reassignment surgery noted in the register of Births in accordance with s 23 of the Births, Deaths and Marriages Registration Act 2003 (BDMRA) is by virtue of BDMRA s 24 a person of the sex as reassigned.
Refer procedure - Admission
When an offender who identifies as transgender is admitted to a corrective services facility, the general manager of the facility must-
As soon as practicable after a transgender offender (other than a transgender offender who has had reassignment surgery completed and noted in the register of Births) is received into a corrective services facility a decision must be made about the facility at which the offender is to be placed (the placement facility). This decision must be made by the Assistant Director-General, Custodial Operations in consultation with the Senior Director, Offender Health Services. The Senior Director, Offender Health Services is responsible for gathering all relevant medical history and information for the transgender offender.
When making the decision, the following factors must be considered-
Until the full induction screening process is complete, a transgender offender should be accommodated in a single cell.
A decision about appropriate accommodation of a transgender offender within the placement facility must be made by the general manager having regard to-
A transgender offender-
Staff will address transgender offenders-
All records must reflect the offender's registered name and gender to ensure the accuracy and consistency of the offender's identification.
Searches requiring the removal of clothing and urinalysis must be performed as required by procedure - Search - Prisoners and Corrective Services Facilities for the facility in which the offender is accommodated, unless otherwise directed by the general manager. Staff should be aware, and be prepared for the fact, that a transgender offender may not have the genitalia of the gender with which the offender identifies.
Transgender offenders must observe the dress standards required of offenders at the placement corrective services facility.
Corrective services facilities must provide transgender offenders with issue clothing appropriate to the facility.
At the discretion of the general manager, corrective service facilities are to provide transgender offenders with specific clothing items if required for functional purposes (for example a bra), if that clothing item is provided to offenders of the gender with which the transgender prisoner identifies.
At the discretion of the general manager, transgender offenders may be permitted to purchase personal care items, clothing and underwear for functional purposes through the buy-up system, available to offenders of the gender with which the transgender offender identifies. The general manager will consider the safety of the offender and the security and good order of the corrective services facility before approving such requests. (refer procedure - Offender Purchasing).
A request for hormone treatment or gender reassignment surgery will only be considered if the treatment or surgery commenced prior to incarceration.
Any request by an offender to continue hormone treatment or gender reassignment will be determined by the Assistant Director-General, Custodial Operations in consultation with the Senior Director, Offender Health Services.
When making a decision, the following factors must be considered-