Resource Guide to Improve Safety in Carceral Housing for Transgender People

Please note that we are aware of recent executive actions that may impact carceral housing for transgender individuals. We are currently looking into this issue and will post updates when available. 

The National LGBTQ+ Bar, in partnership with Black and Pink and TGI Justice Project, is proud to share our Resource Guide to Improve Safety in Carceral Housing for Transgender People. The purpose of this guide is to support the critical work of advocates fighting for the safety and autonomy of transgender people in the carceral system.

Throughout the United States, transgender individuals in the carceral system are routinely misgendered and housed in a population that does not align with their gender. Not only does this practice place them at enormous physical risk, but the psychological and emotional damage of improper carceral housing cannot be overstated. Thankfully, in many jurisdictions, there are remedies to transfer transgender individuals to their preferred population.

This easy-to-navigate resource is intended to make the information needed for removal and rehousing more accessible to advocates. The map and state list below, along with the downloadable sample letter and links to helpful organizations, are designed for use by practitioners looking to assist their clients. If you have additional questions or do not see needed policy information for a particular jurisdiction (including local jurisdictions), please contact the National LGBTQ+ Bar Association at transjustice@lgbtqbar.org. We also encourage you to take a look at the Transgender Resource Guide, An Aid for People in the Custody of The Federal Bureau of Prisons, for additional information. To download a PDF version of this resource, click here.

We are grateful to our partners at Gibson Dunn for their assistance with the project.

*Disclaimer: These materials are not intended as legal advice. The materials were prepared only for general informational purposes in October 2022 and are subject to change.  Please also note, language has been excerpted from relevant policies for each state. The complete policies are available at the links provided.