A prisoner’s mail can be censored if it is necessary to do so for

your rights

• If you notify prison officials that you are transgender and/or have been threatened, officials have a legal obligation to act to protect you. when you enter the prison, inform staff that you are transgender or believe you are at risk, both verbally and in writing.
• The federal Prison Rape Elimination Act (PREA) requires prisons and jails make individualized housing placements for all transgender and intersex inmates, including when assigning them to male or female facilities. a transgender or intersex inmate’s own views regarding his or her own safety should be seriously considered in making these determinations.
• many correctional facilities house transgender inmates in solitary confinement to protect them from violence. prea says he cannot be segregated against his will for more than 30 days and if he is in protective custody he should have access to programs, privileges, education and job opportunities to the extent possible.
• staff prison and correctional facility must assess you for gender dysphoria within a reasonable time if you request it. medical treatment for prisoners diagnosed with gender dysphoria must be provided in accordance with accepted medical standards.
• general prohibitions on specific types of treatment, such as prohibitions on hormone therapy or confirmation surgery gender, are unconstitutional.
• In general, staff must allow you gender-appropriate clothing and toiletries, and allow you to present yourself according to your gender identity, or they may be violating the 8th Amendment.
• Strip searches must be conducted in a professional and respectful manner. a strip search conducted in full view of other inmates and staff may violate your privacy rights. If there is no emergency, male staff must not undress females (including transgender women) and vice versa. some prisons have policies that allow transgender inmates to choose the gender of staff to search them.
• staff may not conduct strip searches and frisks solely to assess their genitalia. staff must be trained to conduct searches of transgender and intersex inmates in a professional and respectful manner, and in the least intrusive manner possible, consistent with security needs.
• if you request a private shower, the prisoner requires officials to grant you access.

what to do if you believe your rights may be violated

• Report your concerns or any specific threats to your safety to staff in writing, and also send a copy to the inspector general, the custodial agency prea coordinator, and someone else you trust.
• If you are assaulted, file a complaint as soon as possible, although sexual assault cases may have more flexible time limits for reporting or may have special reporting processes.
• Prisoners who wish to file a federal complaint about events in jail or prison must first complete the internal appeals process. This means you need to know the rules for any appeal (or “grievance”) process at your facility, including time limits for filing an appeal after something happens. In most prisons or jails, you will need to file a written complaint on a form provided.
• If staff refuse to assess you for gender dysphoria or fail to provide care, file a complaint and appeal through all levels.
• if you were receiving hormones from a doctor prior to your incarceration, send your medical records to your facility’s health or medical director.
• if you placed in protective segregation and you don’t want to be there, file a complaint and all appeals about your placement. You should also appeal anything that seems unfair about your placement, such as not being able to participate in a hearing, not knowing why you were moved to segregation, not being able to participate in programming or get a job, or not knowing when you can get out.
• if your placement is based on so-called safety concerns and you would feel safer in a women’s facility (as a transgender woman), ask for such a transfer and file appeals if you don’t. get one.
• if you are asked to undress in front of other inmates and you are not comfortable, politely ask to be moved to a separate area.
• if you cannot use a private shower , ask to shower at a different time than other inmates or in a private area (as required by prea standards).
• if you do not want to be searched by a staff member of a particular gender, politely request that another staff member sign you in. in some prisons or jails, you may also be able to get a general order that says you should only be searched by women (if you are a transgender woman).
• ask about your facility’s official policies related to your circumstances. you can sometimes find these policies in the prison library.

additional resources

black and pink614 columbia rd. dorchester, ma 02125 (617) 519-4387 www.blackandpink.org

international fair detention3325 wilshire blvd., suite 340 los angeles, ca 90010 (213) 384-1400 1900 l st. nw, suite 601 washington, dc 20036 (202) 506-3333 www.justdetention.org

national center for lesbian rights870 market st., suite 370 san francisco, ca 94102 1-800-528-6257 www.nclrights.org

national center for transgender equality 1325 massachusetts ave. nw, suite 700 washington, dc 20005 (202) 903-0112 www.transequality.org