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Procedure Properties

Title: Transgender Offenders
Category: Offender Management
Version: 02
Implement Date: 15 August 2008
Application: Custodial Operations
Availability: Public

Authority

Procedures

Performance Measures

  • Nil

Procedure - Transgender Offenders


Purpose
1.Definition
2.Placement
2.1Initial placement
2.2Determining the placement facility
2.3Accommodation within the placement facility
3.Management
3.1Searches and substance testing
3.2Clothing and personal care items
4.Hormone treatment or gender reassignment surgery

Purpose

To provide for the management of transgender offenders.

1. Definition

"Transgender offender" means an offender who-

  1. with or without hormone treatment, lives socially as a member of the gender different to his/her registered birth gender and identifies as being of the acquired gender (self identification); or
  2. has commenced a series of, or is undergoing, a medical or surgical procedure (or a combination of such procedures) to alter the genitals and other gender characteristics of the offender, so that the offender will be identified as a person of the gender different to the gender identified by the birth certificate.

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.

2. Placement

2.1 Initial placement

Refer procedure - Admission

When an offender who identifies as transgender is admitted to a corrective services facility, the general manager of the facility must-

  1. provide the offender with a copy of this procedure;
  2. ensure that the offender is immediately accommodated in a single cell and in a way that ensures appropriate management of any risks posed in relation to the offender, including risk of harm to the offender, until an assessment for determining the offender's placement can be made in accordance with section 2.2 of this procedure; and
  3. forward the offender's details, for purposes of the assessment in accordance with section 2.2 of this procedure to the Senior Director, Offender Health Services and the Assistant Director-General, Custodial Operations.

2.2 Determining the placement facility

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-

  1. the risk the offender may pose to the safety and security of the placement facility;
  2. the nature of the offending;
  3. the offender's personal circumstances;
  4. the risk to the offender or to other offenders at the placement facility;
  5. the views of the offender's treating medical practitioner or psychiatrist (if known/available);
  6. whether the offender has lived as a member of the acquired gender in the community and for what length of time;
  7. whether the offender has had hormone treatment at any time;
  8. whether the offender has undergone, or is undergoing, a medical or surgical procedure (or a combination of such procedures) to alter the genitals and other gender characteristics of the offender identified by a birth certificate, so that the offender could be identified as a person of the acquired gender;
  9. the offender's preference for accommodation in a male or female facility;
  10. any concerns expressed by staff and the offender in relation to the offender's safety;
  11. where the offender could be accommodated appropriately (see section 2.3) within the placement facility; and
  12. any other factors considered relevant.

2.3 Accommodation within the placement facility

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-

  1. the security and good order of the facility;
  2. any concerns expressed by staff and the offender in relation to the offender's safety; and
  3. any other factors considered relevant.

3. Management

A transgender offender-

  1. should be provided access to shower and toilet facilities that provide for the privacy and dignity of the offender; and
  2. must not be transported with any other offender in the same compartment of a transport vehicle until the full induction screening process is complete.

Staff will address transgender offenders-

  1. with the same respect given to all offenders; and
  2. by either the name that they are currently registered as having (refer Births, Deaths and Marriages Registration Act 2003) or the name on a warrant committing the offender to a corrective services facility or requiring an offender to be produced to the general manager of a corrective services facility.

All records must reflect the offender's registered name and gender to ensure the accuracy and consistency of the offender's identification.

3.1 Searches and substance testing

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.

Refer Corrective Services Act 2006 ss 35-38; procedures - Search - Prisoners and Corrective Services Facilities; Substance Testing - Corrective Services Facilities

3.2 Clothing and personal care items

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).

4. Hormone treatment or gender reassignment surgery

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-

  1. whether hormone treatment or gender reassignment surgery was commenced prior to incarceration;
  2. the health and wellbeing of the offender;
  3. the length of sentence and continuation of treatment;
  4. the safe and effective functioning of the corrective services facility;
  5. the security and good order of the corrective services facility;
  6. the cost to the Agency;
  7. the views of the treating medical practitioners; and
  8. any other factors considered relevant.

Refer procedures - Specialised Medical Treatments; Private Medical Treatment





Neil Whittaker
Acting Director-General





Version History

15/08/2008 Version 02 - 18/09/2007 Version 01 [Management of Transgender Offenders]