Italy To Open Trans Prison

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Italy is opening its first prison specially for transgender inmates. The building, in Empoli, Tuscany, is a former halfway house for women and will open in March.

The prison will house 30 inmates who are currently being held in a special section of a prison outside Florence.

Trans prisoners, particularly those transitioning from male to female, can have their treatment postponed while in prison. In America there have been cases of prisoners taking legal action after being refused hair removal treatment or state-funded surgery.

Authorities are reluctant to house them in women’s prisons and they often have to be housed separately in men’s prisons.

Maria Pia Giuffrida, a detention administration official, told news agency Sapa that trans prisoners are often punished for their gender status along with their crimes.

“It’s a question of dignity,” she said.

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datkindagal

datkindagal said on the 31st Jan, 2010

7.23 MANAGEMENT OF TRANSGENDER INMATES
The policy relating to transgender inmates can now be found within the “Inmate Classification and Case Management Procedures Manual” under section 13: Classification, page 90.

Summary Page

Policy Overview • The premise for the classification and case management of transgender inmates is encompassed in Part 3 of the Crimes (Administration of Sentences) Act 1999.

• Any person received into the custody of the NSW Department of Corrective Services who self-identifies as transgender has the right to be housed in a correctional facility appropriate to their gender of identification.
• Transgender inmates are to be managed according to their chosen gender of identification.
• Transgender inmates will have access to all services and programs provided by the Department of Corrective Services.

Purpose •
To address the management issues relating to transgender inmates.

• To inform staff of the Department of Corrective Services about the scope of provision of hormone replacement therapy for transgender people in custody.

Scope This policy applies to all correctional centres, court cells, lock-ups and police stations where such persons are received into lawful custody by correctional officers.

Strategic Focus Corporate Plan 2001 – 2004
Strategic Plan 2002 - 2005

Legislation • Crimes (Administration of Sentences) Act 1999,
s11 (1)&(2)
• Crimes (Administration of Sentences) Regulation 2001
• Anti-discrimination Act 1977, s38
Related Policies • OPM: S2 Inmate Classification & Case Management Procedures
• CHS Policy 1.59.1: Transgender People – Policy on Hormone Replacement Therapy
• Standards of Care for Gender Identity Disorders, Sixth Version, February 2001: The Harry Benjamin International Gender Dysphoria Association.


Refer to the Classification and Case Management section of this manual for a detailed description of the policy relating to the management of transgender inmates.

7.23.1 Guidelines
7.23.1.1 Management Issues
1. Transgender inmates are to be addressed by name and according to their chosen gender. Staff are not to refer to them as it or thing. Male to female transgender inmates are not to be called by their male given names (regardless of what is recorded on their warrant files) or referred to as he; they are to be called by their female names and referred to as she. A similar principle applies for female to male transgender inmates. To reflect the inmate’s chosen gender, all wing/area/unit records are to be amended.

2. Except in cases of emergency, strip searches and urinalysis procedures are to be performed by officers of the gender of identification of the inmate. However, where an officer is not comfortable with this directive, another officer should be assigned the task.

3. Transgender inmates have the right to dress at all times in clothing appropriate to their gender of identification – including those transgender inmates housed in correctional centres of their biological gender. Issue clothing and underwear appropriate to their chosen gender is to be provided to transgender inmates. However, the inmate clothing policy in section 10 of this manual still applies to transgender inmates.

4. Transgender inmates housed in correctional centres of their biological gender are to be able to purchase the same personal care items, cosmetics, clothing and underwear through the buy-up system as other inmates of their gender of identification.


7.23.2.2 Access to health services
It is Corrections Health Service’s (CHS) policy that:
• subject to clinical review, hormone therapy will only be provided to those transgender inmates who have been receiving this treatment before imprisonment; and

• Transgender inmates may make an application to have elective gender surgery, hormone therapy or other therapies of choice, specific to their needs, at their own expense.


7.23.2.3 Rehabilitation and integration
Transgender inmates are to be provided with access to the full range of correctional services and programs to the same extent as all other inmates. Additionally, transgender inmates are to have access to services specific to their needs such as:
• access to peak community services and groups such as the Gender Centre, or
• access to community legal services with specialised knowledge in the area of transgender.


7.23.2.4 Access to information
1. A copy of these guidelines, the transgender policy in the Classification and case management manual, and the CHS policy on hormone replacement therapy is to be made available to transgender inmates on reception.

2. Information about all services available within the correctional system and the community, including those specifically to meet the needs of transgender people is to be made available to transgender inmates during the induction screening process.

3. Transgender inmates may purchase or receive through visits or the mail system publications that address the needs of transgender people. An example would be any information magazine published by the Gender Centre of NSW. Refer to section 9.19.3 for policy on non-approved publications.


7.23.2.5 Policy implementation
1. A copy of the transgender policy:
(a) is to be provided to all identified transgender inmates in NSW correctional centres and
(b) is to be placed on all inmate notice boards.

2. All currently identified transgender inmates are to be interviewed by the case management team as a matter of urgency to determine their ongoing placement and management in terms of the transgender policy.

3. An inmate may make an application to be identified and managed as a transgender person at any stage during his/her sentence. An inmate making such an application is to be referred to the case management team as a matter of urgency to determine ongoing placement and management in terms of the transgender policy.

Once an inmate has made an application to be identified and treated as a transgender person, all the provisions of the transgender policy relating to safety and security are to be implemented as if the inmate had been newly received into custody as a transgender person.

4. Until a decision has been made regarding ongoing placement and management, the transgender inmate:
(a) is to be kept separate from other inmates;
(b) accommodated in a single cell;
(c) provided access to separate ablutions; and
(d) is to not be transported with any other inmate in the same compartment of a transport vehicle.

5. If necessary, to ensure the safety of the inmate, the governor may invoke the provisions of s11 (1) & (2) of the Crimes (Administration of Sentences) Act 1999 to place the inmate in protective custody.