U S Department of Justice

Policy Review and Development Guide: Lesbian, Gay, Bisexual, Transgender, and Intersex Persons in Custodial Settings U S Department of Justice

Publisher Marketing: This policy guide will assist correctional administrators, medical and mental health staff, training coordinators, line staff, and policymakers as they craft policies to address the treatment of lesbian, gay, bisexual, transgender, and intersex individuals (LGBTI) in custodial settings. It may also help agencies that are paying greater attention to the needs of LGBTI individuals as they work to implement the Prison Rape Elimination Act (PREA) standards, which require correctional agencies to safely screen, classify, and house lesbian, gay, bisexual, and transgender inmates as well as those who have intersex conditions. By integrating information about LGBTI individuals into policies, practices, and organizational culture, agencies will be better able to meet the needs of LGBTI inmates and increase the comfort level of staff who work with this population on a daily basis. This guide includes information that will help adult correctional facilities and juvenile justice agencies to assess, develop, or improve policies and practices regarding LGBTI 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 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. Agencies need policies to address the treatment of LGBTI individuals in custodial settings to meet constitutional and other obligations to provide humane treatment to those in their custody. Additionally, strong policies can help mitigate the risk of liability to the agency and its staff in the event of an incident or litigation. Part of the mission for all correctional agencies is to provide safe and secure environments for all individuals in their care and custody. State and federal law imposes legal obligations on correctional and juvenile agencies for the treatment of all persons in custody, with specific provisions for LGBTI populations.