Josh Vanbibber, assistant warden for SEORj said those individuals would receive the same treatment as every other prisoner, but concerns surrounding mental health of the trans identifying person arise.
Psychological distress for prisoners could be an outcome of time spent in solitary confinement, something a transgender-identifying individual may face if placed in the Southeastern Ohio Regional Jail, said Mike Brickner, the senior policy director at the American Civil Liberties Union of Ohio.
Josh Vanbibber, assistant warden for SEORJ, said those individuals would receive the same treatment as every other prisoner, but concerns surrounding mental health of the trans-identifying person are ever-present.
“We do it for the safety of the inmate for him or herself,” VanBibber said.
Inmates placed in solitary confinement — otherwise known as administrative segregation — have the same treatment and privileges as other inmates, VanBibber said, pointing to TV time and a daily hour dedicated to recreation.
At the end of the day, though, they are still segregated from the general prison population.
“It’s easier to remove them from the general population, so they feel more safe themselves,” VanBibber said.
Reasoning behind segregating a trans-identifying individual is to avoid the possibility of them being verbally harassed or abused, VanBibber said.
“A lot of times that person of that nature would be preyed upon and possibly ridiculed,” VanBibber said.
delfin bautista, the director of Ohio University's LGBT Center, said, in terms of safety, they appreciate the option for administrative segregation, but other issues arise with that option.
“The emotional well being of the person being in solitary confinement has been shown to be worse,” bautista, who uses they/them pronouns and the lowercase spelling of their name, said.
Training every employee in the correction system, from the police officer to those who serve in the correctional facility, is a must, bautista said.
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“(We should be) making sure they have an understand of gender dynamic,” bautista said. “Yes, it’s a jail, but it should also be a safe place.”
Knowing some trans-identifying individuals will have to interact with the legal system is troubling, bautista said.
“Knowing there isn’t a safe place for them is scary,” bautista said.
bautista added that the country as a whole needs to reevaluate the criminal justice system to address abuses in the system and of the system.
“It’s a complicated, multilayered conversation,” they said.
Brickner said movement toward reform of solitary confinement is taking place.
In 2012, the Department of Justice made its final rule on the Prison Rape Elimination Act, which puts specific regulations in place to help prevent against sexual assault in jail, Brickner said.
“When (rape) does happen, there is strict guidelines and accountability for those incidents,” Brickner said.
A big piece of the Prison Rape Elimination Act focused on LGBT prisoners, adding in regulations about what takes place in the 72-hour booking assessment for each prisoner.
“You have to consider their LGBT status when you do that,” Brickner said. “It requires individual assessments on trans (or) intersex prisoners.”
The Ohio Department of Rehabilitation and Correction has a Lesbian, Gay, Bisexual, Transgender, Intersex Policy which states LGBT-identifying individuals' housing must be considered on a case-by-case basis.
Pushing toward policies that make prisoners who are trans or intersex feel as though they are being respected is something Brickner said the rest of the country should be doing.
“We want to implement policies that identify trans and intresex prisoners in really affirming and respectful ways,” Brickner said.
Making that individualized assessment, listening to each prisoner, and making sure they feel respected and comfortable in that environment are factors Bricker said are important.
“They’re able to live as their true self while also maintaining the safety and security in that particular area,” Brickner said.
@Fair3Julia
jf311013@ohio.edu
