It’s really remarkable, but progress has been made locally when it comes to addressing the mistreatment of transgender people in New York state prisons. A 2021 survey found that three-quarters of gender nonconforming individuals incarcerated in these facilities had experienced some form of sexual assault or inappropriate touching by corrections officers. Over a quarter reported being forced by an officer to perform oral sex.
Victims have won some local change, with two trans women who experienced physical abuse and sexual harassment in men’s units suing the facilities that housed them. They won settlements that compelled sheriffs in those counties to ensure access to gender-affirming health care and assign housing consistent with incarcerated people’s gender identities.
Advocates have seized on this progress, sending letters to county sheriffs across the state informing them of these settlements and suggesting policy reforms. At least 15 counties have changed their policies as a result, roughly matching Broome or Steuben’s standards.
Despite this progress, statewide movement on the issue has remained elusive. For four years in a row, Senator Julia Salazar and Assemblymember Nily Rozic have introduced legislation that would order jails and prisons to house incarcerated people in alignment with their gender identities, with limited exceptions. The bill has never made it out of committee.
“It’s really frustrating that it’s not moving faster,” said Allie Bohm, senior policy counsel for the NYCLU. “People are being harmed every single day.”
One such person is a trans man who was transferred to Bedford Hills Correctional Facility after three months on Rikers Island. Unlike at Rikers, state prison staff ignored his protests and subjected him to strip searches and frisks that left him feeling humiliated.
After eight days of isolation, the individual finally consented to an inspection by a doctor. A cotton swab made them jump off the exam table.
The Department of Corrections and Community Supervision declined to comment on this settlement, but did point out that gender nonconforming people are allowed to request transfer to a facility that aligns with their identity.
This experience has left the individual with post-traumatic stress from abuse they experienced as a child. They hope that this settlement will deter prison officials from mistreating other trans people in their custody and allow them to move forward with their life.
While some progress has been made, it’s clear that much work remains to be done. As Senator Warren said, Democrats must be “ferocious opponents” of another GOP tax scam while also providing an alternative vision. Similarly, advocates for transgender rights must continue pushing for policy changes and greater protections for those who are incarcerated in New York state prisons.