Which jail shall they use for m2f transsexual ppl?

[Shemale Lover]

Hello guys,

Recently an interesting topic was brought to my mind. If a pre-op tranny gets arrested for some reason, which jail shall she go to? On one hand i can't imagine her in male jail among male criminals, on the other hand, how can she go to female jail given she has a dick?

The most surprising part for me was that the voters at my blog answered equally. Although shemale lovers identify trannies as females, 42% of voters said they shall go to male jail.

What do you think?

[TJT]

I understand most that haven't had SRS land in male prisons? Some states put them in protective custody if that's where they go. I've been led to understand that women inmates object to having pre-ops in their facilities,but my info is limited?

It's a tough question.

[freak]

it would be male if they didn't complete the SRS but if they did I would say female

[peggygee]

Do transgender prisoners have a right to be housed in a facility consistent with their gender identity?

http://www.nclrights.org/publications/tgprisoners0804.htm

Transgender people who have not had genital surgery are generally classified according to their birth sex for purposes of prison housing, regardless of how long they may have lived as a member of the other gender, and regardless of how much other medical treatment they may have undergone1 - a situation which puts male-to-female transsexual women at great risk of sexual violence. Transsexual people who have had genital surgery are generally classified and housed according to their reassigned sex. One mechanism that is sometimes used to protect transsexual women who are at risk of violence due to being housed in male prisons is to separate them from other prisoners.

This is referred to as "administrative segregation." On the positive side, placing a transgender or transsexual woman in administrative segregation may provide her with greater protection than being housed in the general population. On the negative side, however, administrative segregation also results in exclusion from recreation, educational and occupational opportunities, and associational rights.2 Such exclusion may violate the constitutional rights of prisoners if the conditions of segregation are excessively harsh.3 Furthermore, administrative segregation does not protect transgender prisoners from abuse at the hands of guards and may even lead to increased exposure to violence.4

What protections are available to transgender prisoners who are victims of violence in prison?

Prison officials are required to protect prisoners from violence at the hands of other prisoners. Prison officials who display a "deliberate indifference" to this duty violate the Eighth Amendment prohibition of cruel and unusual punishment. The U.S. Supreme Court adopted a narrow definition of "deliberate indifference" in the case Farmer v. Brennan, which involved a male-to-female transsexual who was badly beaten and raped by her male cellmate in a maximum security prison.5 The Court declined to adopt an objective rule that would hold a prison official liable for violence inflicted on a prisoner when the risks are obvious enough that the official "should have known" the prisoner was in danger.6 Instead, the Court ruled that, to violate the Eighth Amendment, an official must have actual subjective knowledge that the prisoner is at risk of violence and deliberately fail to act on that knowledge.7

Do transsexual prisoners have a right to obtain hormone therapy while in prison?

At least one state, Wisconsin, has a law expressly prohibiting the use of government funds to provide hormone therapy or sex reassignment surgery for prisoners.8 In states that do not explicitly prohibit such treatment, some transsexual prisoners have been able to receive hormone treatment in prison.9 Many prisons only provide hormone treatment to individuals who had been receiving such treatment before incarceration.10 However, some prisons consider providing hormones to prisoners who had not received hormones before incarceration on a case-by-case basis.11 The policy of the U.S. Bureau of Prisons is to provide hormones at the level that was maintained prior to incarceration. Specifically, the policy provides:

Inmates who have undergone treatment for gender identity disorder will be maintained only at the level of change which existed when they were incarcerated in the Bureau. Such inmates will receive thorough medical and mental health evaluations, including the review of all available outside records. The Medical Director will be consulted prior to continuing or implementing such treatment. The Medical Director must approve, in writing, hormone use for the maintenance of secondary sexual characteristics in writing.12
The above language suggests that exceptions may be possible in individual cases to allow the initiation of hormones or other treatment where the prisoner had not received such treatment prior to incarceration, so long as the treatment is recommended as medically necessary by prison medical personnel and then approved by the Medical Director.13

Even if the prison does provide hormones, however, there is no guarantee that they will be provided at the appropriate levels and with the necessary physical and psychological support services.14 In addition, it is often difficult for transsexual prisoners to document a prior prescription for hormones, either because of the practical difficulties and limitations imposed by incarceration, or because many transsexual prisoners are indigent and do not have private physicians willing to advocate for them. Moreover, even when transsexual prisoners are able to provide sufficient documentation, prison officials may disregard or flout the policy. A prisoner's access to hormone treatment may also be impeded if a prison psychologist does not believe that the prisoner is transgender.15

The issue of whether a transsexual person is entitled to hormone therapy while in prison has been litigated extensively, based on the established constitutional principle that it is a violation of the Eighth Amendment prohibition on cruel and unusual punishment for prison officials to exhibit "deliberate indifference" to a prisoner's "serious medical needs."16 Until the last several years, in almost every case, courts have ruled in favor of prison officials.17 More recently, however, prisoners have had more success.18

[peggygee]

Being arrested, has many ramifications. You may be fined, put on probation, parole, continued without a finding, sentenced to house arrest, and many variations on that theme, depending on the jurisdiction, you live in and the court that adjudicated your case.

As regards where you may actually end up if you are placed behind bars.

Depending on the nature of the crime, if it warrants it you will be held in the precinct, sheriffs office, State police barracks, or federal detention center, until you can see a judge, or are deemed worthy of bail.

Once, before the judge you are arraigned formally charged, and then are either released in your own personal recognizance, allowed to post bail, or remanded by the court and held for trial.

Again depending on the severity of the offense, you may end up in:

A county jail, house of corrections to await trial, or to serve your sentence

If convicted you may perhaps end up in a prison (Attica, San Quentin, Joliet, Angola, Walpole, Pelican Bay, Rahway, just to name a few).

Even within the prison sysstem there are degrees of prison from minimum to maximum security, and even what are known as 'super max' for very severe prisoners and crimes.

Then of course there is the Federal prison system, again mini, med, and maximum.
Think Martha Stewart versus Al Capone, though the prison he was held
in Alcatraz is now a tourist attraction.

As a pre op TS/TG woman, you would serve your time in a male prison. For your safety, you would most likely be segregated with other gay, transwoman, prison snitches, and other people who are at risk in the penal environment.

Piss off a guard, and you will very likely end up back in the general population (gen pop) with a very, very bad person as a cell mate.

As a post op woman, you go to a womens prison, period.

However that is not a picnic either, and you may be isolated for your own protection there as well.

Bottom line sweety, stay the fuck out of jail, you won't like it, IF you survive it.

Also, get better legal counsel, than some clerk that answers the phone at City Hall, and who may or may not have understand your question, or know the answers.

[signupjustforthis]

The best would be a single person cell.

[Vala_TS]

They should be in the women's. Because in the man jail, they'd just end up being harrased and raped 10x worse. If men rape other men in jail, what do you think they'll do to a transexual?

Vala,

[SarahG]

Recently an interesting topic was brought to my mind. If a pre-op tranny gets arrested for some reason, which jail shall she go to? On one hand i can't imagine her in male jail among male criminals, on the other hand, how can she go to female jail given she has a dick?

The most surprising part for me was that the voters at my blog answered equally. Although shemale lovers identify trannies as females, 42% of voters said they shall go to male jail.

I am inclined to agree that the female prison is the only one that makes sense... even if it is a protective custody. The trick that most states have found to avoid hrt for ts immates is to have the prison medical system/doctors state that they feel the levels need to be adjusted and administer dosages so small that it is as if none were taken... I am not convinced such motivations are solely based on cutting costs... but I do know that Rx availability to inmates in general- ts or otherwise- has the same issues... especially when it is a quality of life issue and not a life threatening one (like say, diabetics).

I know people with extreme migraines in the system regularly get enough for one or two migraines... and are expected to have it last anywhere from 1 to 3 months. Perhaps that one is based off of the way things work on the outside, most pharmacies refuse to give out much in the way of, say imtrex, at a time (either the shots or pills).... for a severe case, its enough for a week and it has to last four times that... sometimes worse.