Transgender Prison Housing Policies: State by State Compliance with PREA

• In Event: Judicial Procedures, Incarceration, and LGBTQ Populations

Abstract

In addition to dealing with sexual assaults generally, the Prison Rape Elimination Act of 2003 (PREA) contains standards for housing transgender individuals. Specifically, transgender prisoners cannot be housed solely based on their anatomy or gender assigned birth. Individualized housing placement assessment which includes the prisoner’s personal views must be considered. This paper contains a state by state analysis of current prison policies to assess whether they are in compliance with PREA. Findings show a large number of changes to prison policies over the past few years, with most showing consistency with PREA requirements. Additional prison policies concerning transgender prisoners are also considered.

Author

• Michelle Lynn Malkin, Michigan State University