Correctional policies for the management of trans people in Australian prisons

Abstract

Background: Despite existing international standards for the prison management of incarcerated trans people, carceral policies across Australian jurisdictions vary in their availability, breadth, and appropriateness. Trans populations in prison represent a vulnerable population, having specific needs surrounding their health, safety, and wellbeing. Prior reviews into Australian carceral policies highlight where contemporary prison practices fall short of meeting those specific needs. Aims/method: A review was conducted on the available carceral policy documents of each Australian correctional service regime, examining their coverage of issues including healthcare access, placement decisions, and classification systems against international standards and prior Australian recommendations. Forty-one relevant policy documents were reviewed against eighteen benchmark recommendations, along with supplementary data. Results: Australian jurisdictions varied widely on the coverage of the reviewed areas. Benchmark attainment ranged from twelve out of eighteen (Victoria and Western Australia) to three out of eighteen (Queensland). The use of administrative segregation was identified as the area in most need of policy reform. No jurisdiction met every benchmark. Conclusions: This review highlights the need for carceral policy reform across Australian jurisdictions in order to meet the unique needs of incarcerated trans people, especially in the areas of administrative segregation and healthcare access. The review also highlights the need for carceral policy reform to bring Australian jurisdictions in line with each other on the management of incarcerated trans people, to reduce disparate outcomes across states and territories.

Correctional staff knowledge, attitudes and behaviors toward incarcerated trans people: A scoping review of an emerging literature

“…From a health perspective, trans persons are classified as a ‘vulnerable group’ (Brömdal et al., 2023 ; Brown, 2014 ; Du Plessis et al., 2023 ; Winter, 2023 ) due to the discrimination, marginalization, and the extensive violence they experience, and thus often arrive at detention or incarceration facilities after shouldering considerable pressures on their mental health (Clark et al., 2017 ; Creasy et al., 2023 ; Dalzell et al., 2023 ; Hughto et al., 2022 ). Exacerbated by mistreatment from not only other incarcerated persons but those in authority, some trans people experience mental health issues such as depression, suicide ideation and self-harm or self-mutilation (Brooke et al., 2022 ; Brown & McDuffie, 2009 ; Halliwell et al., 2022 ; Hughto et al., 2022 ; Jaffer et al., 2016 ; Jenness, 2021 ; Jenness & Fenstermaker, 2014 ; Ledesma & Ford, 2020 ; Nulty et al., 2019 ; Phillips et al., 2020 ; Van Hout et al., 2020 ; Watson et al., 2023 ; Wilson et al., 2017 ).…”

Where do incarcerated trans women prefer to be housed and why? Adding nuanced understandings to a complex debate through the voices of formerly incarcerated trans women in Australia and the United States

“…Incarceration settings around the world, including within Australia and the United States (US), generally segregate and place people in male or female facilities according to their sex assigned at birth (i.e. male or female), and more specifically at their genitalia (Brömdal, Clark, et al., 2019 ; Dalzell et al., 2023 ; Etheridge, 2014 ; Halliwell et al., 2022 ; Jenness & Fenstermaker, 2014 ; Lynch & Bartels, 2017 ; Schweikart, 2018 ; White Hughto et al., 2018 ; Wilson et al., 2017 ; Winter, 2023 ). Consequently, trans people who have not legally and/or surgically affirmed their gender are typically placed by default in carceral facilities that do not align with their gender, which can place them at high risk for verbal, physical, and sexual assault resulting in both short- and long-term physical and psychological harms (Brooke et al., 2022 ; Etheridge, 2014 ; Hughto et al., 2022 ; Hughto & Clark, 2022 ; Jenness & Fenstermaker, 2014 ; Kendig et al., 2019 ; Ledesma & Ford, 2020 ; Rogers et al., 2023 ; Van Hout et al., 2020 ; White Hughto et al., 2018 ).…”