NCJ Number
228776
Journal
Journal of Correctional Health Care Volume: 15 Issue: 4 Dated: October 2009 Pages: 280-291
Date Published
October 2009
Length
12 pages
Annotation
This study examined health care polices for transgendered inmates.
Abstract
Findings show that transgender inmates pose difficult challenges for the corrections environment; chief among these challenges is the interpretation of the legal requirement to provide adequate medical treatment for serious medical needs, and whether multimodal treatment (psychiatric, medical, and/or surgical ) described in the Harry Benjamin International Gender Dysphoria Association (HBIGDA) standards of care need to be afforded to inmates with a legitimate diagnosis of gender identity disorders (GID). Litigation of these issues, revolving around the principles of adequate care for serious medical needs and deliberate indifference have sometimes been effective in changing some States' Department of Corrections (DOC) directives, either by court order or by settlement. Both the 8th and 14th amendment challenges have been brought successfully against DOCs for failing to provide appropriate evaluation and treatment for inmates with GID. California has the most comprehensive directive and allows for both continuation and initiation of cross-sex hormones for appropriately diagnosed inmates. Cases of autocastration in States whose policies allow for appropriate treatment of GID appear to be rare, whereas in States with no provision for cross-sex hormonal treatment for inmates with GID, costly and potentially lethal outcomes may be a higher likelihood event. Table, appendix, and references