Thursday, July 2, was a sweltering hot day at the Allegheny County Courthouse. Despite the heat, the Allegheny County Jail Oversight Board met for its monthly meeting in person. The monthly meetings, which are open to the public, evaluate jail operations and address concerns the committee encounters through its interactions with the public, as well as those identified in its audits of the jail. The format of the meetings usually consists of general updates from the jail’s contracted providers, the committee members then address jail administrators, followed by an open forum for the public in attendance.
Allegheny County Councilperson Bethany Hallam, who serves on the board and is well known for her commitment to a variety of social justice issues, specifically the mistreatment of individuals within the legal system, was first to ask questions of the jail administrators in attendance. After addressing alleged concerns of the jail not having book carts for people incarcerated at the ACJ, intentional reduction of recreational time by correctional officers, late medications, and meals, as well as prolonged wait times for behavioral holds to be lifted, Hallam then addressed a lack of housing policy for trans people and how they are assigned to pods in the jail; specifically asking if trans people had the option to determine the pods they are assigned to.
Hallam stated that she has received multiple reports that allege trans people who are processed into the jail are told they either have the option of going to pods that correspond with the gender they are assigned at birth or going into protective custody, which can consist of up to 20 hours a day in a cell with little to no social contact. After a series of responses from jail administrators and follow-up questions from Hallam, the question as to whether there is a policy or protocol to determine where trans people are housed in the ACJ ultimately went unanswered. Jail administrators told Hallam the issue was very “individualized” and that the jail often makes accommodations for trans people who are placed in pods that correspond with the gender they were assigned at birth, specifically where trans people shower. However, Hallam was told she would ultimately need to speak to the Chair of the committee that reviews trans people who are processed into the ACJ to get a specific answer to her question.
Jail administrators did state that the majority of trans people who are processed into the ACJ either go to pods that correspond with the gender they were assigned at birth or a mental health pod. It should be noted that trans people frequently report harm from being placed in restricted mental health treatment pods solely because they are trans, and that mental health pods and protective custody pods in jails are often very similar in that they have similar physical restrictions, such as constant supervision in confined areas, often with locked doors and separation from the general population.
Nationwide, very few trans people are housed according to their gender identity. Nearly 70% of trans women want to be housed in women’s facilities, not just because they wish to be in facilities that align with their gender identities, but also because they are significantly more likely to experience physical and sexual violence while incarcerated. It should also be noted that while many trans men prefer to be placed in men’s facilities that align with their gender identity, especially for those who have undergone medical transition, most trans men do, however, ask to be placed in women’s facilities due to serious fears of sexual assault and violence in men’s prisons.
Since the question went unanswered, one can only surmise the factors that ultimately go into where a trans person is housed at the ACJ.
Could it be that jail administrators assume cis women might not feel comfortable sharing spaces with trans women? I guess that could be a valid reason in some circumstances because some data shows some cis women with a history of sexual violence might be fearful of sharing spaces with trans women; however, some data shows cis women don’t care about sharing spaces and actually advocate for trans women to be placed in women’s facilities.
Could it be that placing trans women in men’s pods is a convenient way to avoid conflict with jail staff who might have negative personal beliefs about trans people? Also, are there trans women, especially those who are low-income earners and do not have access to the resources to help them initiate the process of changing their gender marker on their legal documents and identification, or to initiate medical transition, who will deliberately elect to go onto men’s pods to avoid bringing attention to themselves?
These are all distinct possibilities.
Ciorra Thomas, the executive director of SisTers Pittsburgh, a nonprofit organization that is dedicated to the health and wellbeing of the trans community in Allegheny County, spoke during the public comment portion of the meeting and alleged that she has encountered many trans clients in her practice that report that “they are being put into solitary confinement, when they are not in the housing that they are being asked to be put in, and that they are being kept there for months, depending on how long they are in the jail.” Ciorra also stated it was time to have trans representation on the Jail Oversight Board to address the concerns she and others encounter about alleged mistreatment of trans people in the ACJ.
Whether the discussion will be revisited at subsequent meetings remains to be seen. This topic is one of many topics related to the experiences of trans people incarcerated at the ACJ that should be routinely explored. For example, are the medical and mental health providers competent to meet the needs of trans people they encounter? Especially since trans people remain a very marginalized and misunderstood population. Do trans people get the necessary medical care they need while they are incarcerated at the ACJ? Also, what do trans people report their experiences as being while they are housed within the ACJ, and is the public privy to that information?
The Jail Oversight Board meets on the first Thursday of the month at 4 pm in the Gold Room on the fourth floor of the Allegheny County Courthouse at 436 Grant Street. Recordings of the meetings are available on the board’s YouTube channel.