Protections for Transgender Inmates Under PREA: a Comparison of State Correctional Policies in the United States

The Prison Rape Elimination Act (PREA) contains several protections for transgender inmates; specifically, that prison administration understands key definitions of transgender, that inmates are provided with the appropriate classification and housing, and they are kept safe from victimization by other inmates and staff. A total of ten states were found to be fully compliant by the Department of Justice deadline in 2015, but these policies are changing rapidly in the USA. This analysis aims to determine the status of each state's protections using publicly available information about correctional policies. We find that approximately half of the states in the USA have published policies consistent with PREA, but several maintain policies regarding transgender inmates that are in direct conflict with federal law. Recommendations for compliance are provided.