Advancing Corrections Journal - Edition #20 - Scholarly Reflections on Core Considerations for Correctional Practice | Article 15 (ACJ20-A015)

Article 15: Rethinking Sex-Segregated Incarceration: What Transgender Prisoners Want and Why It Matters (ACJ20-A015) by Valerie Jenness, Sophia Castillo, Kelsie Chesnut, and Jennifer Peirce

https://doi.org/10.65264/CVCJ1029

Abstract

Media and political attention have put a spotlight on transgender women living inside prisons designated for men and, in some cases, requesting placement in a women’s prison. This, in turn, has raised questions about where to house transgender people who are incarcerated in High Income Countries, given they face high rates of verbal, physical, and sexual victimization and other harms. Some legislation and policies seeking to address the issue emphasize the incarcerated person’s expressed preference for prison type and housing situation should be considered. Data from a national survey of 280 transgender prisoners in 31 states reveals 70% of transgender women prefer to be housed in prisons for women, representing a notable shift from previous research, in the direction of preferring women’s prisons. More than three quarters of transgender men and transgender women prefer to be housed with other transgender people. Only about a third of transgender women and about half of transgender men reside in prison facilities that align with their preference (i.e., men’s or women’s prison). These and other findings emerge amid evolving legal frameworks, including the Prison Rape Elimination Act (2003) and California’s Transgender Respect, Agency, and Dignity Act (2020), which mandate consideration of prisoners’ gender identity and perspectives on safety and housing. Given the political prominence of this topic and the problems with the status quo, policymakers and correctional leaders must understand transgender people’s preferences for prison housing reveal both patterns and variation.

Keywords: Transgender prisoners, conditions of confinement, prison housing policy, safety, civil and human rights, Prison Rape Elimination Act, Transgender Respect, Agency, and Dignity Act

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Authors

Valerie Jenness

Distinguished Professor, University of California, Irvine, United States

Valerie Jenness is a Distinguished Professor of Criminology, Law and Society at the University of California, Irvine. She is the author of four books, including, most recently, Appealing to Justice: Prisoner, Grievances, Rights, and Carceral Logic (with Kitty Calavita), and articles published in sociology, law, criminology, and gender journals. Her work on transgender prisoners and prison grievance systems has been honored with awards from professional organizations and informed public policy. She is a Past President of the American Society of Criminology.

Sophia Castillo

Doctoral Student, University of California, Irvine, United States

Sophia Castillo is a PhD student in the Criminology, Law & Society department at the University of California, Irvine. Their research centers around the role of perception in shaping interactions with the criminal legal system and experiences of victimization. Sophia holds an M.S. in Criminology and Criminal Justice from Northeastern University.

Kelsie Chesnut

Principal Research Associate, Vera Institute of Justice, United States

Kelsie Chesnut works as a principal research associate with Vera's Unlocking Potential and Opening Doors initiatives where her research has focused on expanding access to postsecondary education in prison, increasing economic mobility among formerly incarcerated people and connecting people returning to their communities with housing. Her research has also focused on solitary confinement reform, improving conditions of confinement, and reentry program evaluation. Kelsie holds a BA in sociology and criminal justice from San Francisco State University, and an MA in social ecology and a PhD in criminology, law and society from University of California, Irvine.

Jennifer Peirce

Associate Director of Research, The Vera of Justice, United States

Jennifer Peirce is the associate director of research for Vera's Beyond Jails Initiative, where her research focuses on county-level criminal legal systems and ways to reduce local jail incarceration. Her past research has focused on experiences of transgender people in prison, solitary confinement, and human rights and prison system reforms in Latin America and the Caribbean. Jennifer holds a PhD in criminology from John Jay College / CUNY Graduate Center.

Advancing Corrections Journal - Edition #20 - Scholarly Reflections on Core Considerations for Correctional Practice | Article 15 (ACJ20-A015)

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