The Victimization of Transgender Inmates: An Empirical Examination of a Vulnerable Population in Prison

presented at theThe Wardens RetreatCalifornia Department of Corrections and Rehabilitation

byValerie Jenness, Ph.D.

Center for Evidence-Based CorrectionsDepartment of Criminology, Law and SocietyUniversity of California, Irvine

Santa Barbara, CaliforniaFebruary 5, 2008

ObjectivesDescribe the context for research

Summarize past related research

Introduce current plans for research

Solicit feedback, input, and cooperation

1. The Context for Research

Why Research?Why Research on Transgender Inmates?

Evidence-Based Corrections: From Principle to Practice What is Evidence-Based Corrections?The conscientious, explicit, and judicious use by correctional administrators of current best research evidence in selecting programs designed to manage offenders, reduce recidivism, and increase public safety (Grattet 2005). The CDCR Mission: The overarching mission is to improve public safety through evidence-based crime prevention and recidivism reduction strategies.

Why Research on Sexual Assault/Transgender Inmates?Legislative MandatesPrison Rape Elimination ActSexual Abuse in Detention Elimination ActLegal ConcernsFarmer v. BrennanGiraldo v. the CDCRInsufficient research

Supports the elimination, reduction, and prevention of sexual assault within corrections system

Mandates several national data collection activities

Creates a national commission to develop standards and accountability measures

Provides funding for program development and additional research

Highlights of the PREA

the purposes of which would be to protect all inmates and wards from sexual abuse while held in institutions operated by the Department of Corrections and the Department of the Youth Authority

Sexual Abuse in Detention Elimination ActThis law lays the foundation for California, the largest prison system in the country, to be a national leader in the fight to end prisoner rape.--Stop Prisoner Rape

Farmer v. Brennan (1994)

Giraldo v. the CDCR (2007)

Why Research on Transgender Inmates?In March 2004 NIJ published a comprehensive literature review of the existing research titled "Prison Rape: A Critical Review of the Literature," which:Describes research conducted since 1968Describes both convergence and divergence across findings, noting the difficulties encountered when comparing across facilities of different sizes, security levels, missions, types of inmates, etc.Describes how conducting such research presents a unique set of challengesOffers suggestions to help guide future researchBut, only one prison in California studied!Violence in California Correctional Facilities: An Empirical Examination of Sexual Assault (2007), by Valerie Jenness, Cheryl L. Maxson, Kristy N. Matsuda, and Jennifer M. Sumner. A report submitted to the CDCR.

2. Past Related Research

Violence in California Correctional Facilities: An Empirical Examination of Sexual Assault (2007), by Valerie Jenness, Cheryl L. Maxson, Kristy N. Matsuda, and Jennifer M. Sumner.*

*For details, see the Bulletin in the folder distributed at the retreat.

Violence in California

Correctional Facilities:

Valerie Jenness

Cheryl L. Maxson

Kristy N. Matsuda

Jennifer Macy Sumner

Criminology, Law and Society

University of California

Irvine, California 92697-7080

Center for Evidence-Based Corrections

April 27, 2007

An Empirical Examination of Sexual Assault

Report submitted to the

California Department of Corrections and Rehabilitation

by

EMBED Word.Picture.8

_1238771805.doc

Key Questions:What proportion of inmates in California prisons housing adult males has been sexually assaulted in a California correctional facility?

2. What are the demographic characteristics of victims?

3. What are the contextual and relational characteristics of the sexual assault/misconduct incidents reported by inmates in California prisons housing adult males?

Main Objective:By addressing these questions, this study sheds insight into the contours of sexual assault in order to contribute to ongoing efforts to create viable interventions designed to prevent and respond to sexual assault in ways that are humane, effective, and constitutional.

Purpose of the Study

Select Differences between the Random Sample and the Transgender Sample Random SampleTransgender Sample Prevalence of Sexual Assault4.4% 59%Prevalence of undesirable sexual acts 1.3% 48.3%Weapon actually used if involved 20% 75%Officer Aware of the Incident60.6% 29.3%Provision of Medical Attention (if needed) 70% 35.7% Racial composition (% of incidents interracial) 17.2% 63.9%Relational Distance Evenly distributed Skewed toward familiarity

Recommendations: ResearchResearch on other incarcerated populations, such as women and juveniles.Additional research on transgender inmates, non-heterosexual inmates, inmates of color, inmates with mental health problems, and inmates that are small in stature.Collect empirical data on a broader range of types of sexual assault, especiallystaff-on-inmate assault.Focus empirical research on perpetration as well as victimization to ascertain if there are similar patterns and correlates.Support studies that assess current efforts to respond to sexual assault in California correctional facilities.

Post Report Hearing and Discussion, Pt. IViolence in California Correctional Facilities: An Empirical Examination of Sexual Assault (2007), by Valerie Jenness, Cheryl L. Maxson, Kristy N. Matsuda, and Jennifer M. Sumner. Orally presented to the wardens in attendance at the Wardens retreat at Green Valley Training Center on May 16, 2007 and thereafter to the Secretary and Executive Staff of the CDCR on May 20, 2007. Orally presented to a plethora of audiences with a stake in prison violence, including a state level Commission devoted to reducing sexual assault in prisons, Executive Officers and staff for Stop Prisoner Rape (SPR), the Executive Director of the National Prison Rape Elimination Act Commission, and the Chief of Staff for the California Majority Whip, Assemblywoman Fiano Ma. Entered into evidence and orally presented in a recent high profile Superior Court trial in San Francisco, Alexis Giraldo v. the California Department of Corrections and Rehabilitation, which involved a transgender inmate unsuccessfully suing the CDCR for failing to protect her from serial sexual assault in Folsom State Prison.

Post Report Hearing and Discussion, Pt. II Posted on multiple organizations web pages, including the Center for Evidence-Based Corrections at the University of California, Irvine, the National Institute of Corrections, Stop Prisoner Rape, Corrections Community, AELE Law Enforcement/Legal Center, and the California Coalition Against Sexual Assault.Note: In less than seven months (from June 2007-December 2007), over 13,500 hits are associated with this report on the web site for the Center for Evidence-Based Corrections at the University of California, Irvinefar more than any other report posted on the Centers website.

Referenced in an Associated Press article that appeared in over 30 newspapers, including The Los Angeles Times, the San Francisco Chronicle, The Guardian (in London), Forbes, The San Diego Union-Tribune, The Houston Chronicle, The San Francisco Examiner, and The Washington Post.

Referenced in testimony given by Wendy Still, Associate Director, CDCR, before the National Prison Rape Elimination Commission in New Orleans, Louisiana on December 5, 2007.

AcknowledgmentsCDCRBubpha Chen John DoveySharon EnglishNola GrannisNancy HardyKimberly KaufmanSandi MenefeeWendy StillJeanne WoodfordWardens and other prison administrators and correctional officers at seven prisons from which data were collected

Research Consultants Allen BeckMark FleisherAlexander L. LeeMerry MorashAndie Moss

Stop Prisoner RapeLovisa StannowLara Stemple

UC Research Team/ConsultantsVictoria BasoloLyndsay BoggessPhilip GoodmanRyken GrattetJohn HippLynn PazzaniJoan PetersiliaAmelia ReganMichael SmythRebecca TrammellSusan TurnerSylvia ValenzuelaGuadalupe Vidales

InmatesHundreds whose names will remain confidential

Now what?

3. Current Plans for Research

The Victimization of Transgender Inmates: An Empirical Examination of a Vulnerable Population, Valerie Jenness*

*For more details, see Exhibit A, Agreement #C07.227 in the folder distributed at the retreat.

Rethinking, revising, and elaborating!

Previous Research DesignRandom Selection of Inmates

INTERVIEW INSTRUMENT

Life in Prison/Routine Activities; Social Support in Prison; Inmate General Well-Being/Emotional Health; Fear of Victimization in Prison; Actual Victimization in Prison; Opinions on Safety and Reporting; Demographics, including Gang Affiliation, Criminal History, and Past and Current Incarcerations ADULT MALEINSTITUTIONS Six Facilities*

Roster (Non-Reception Center, non-EOP)

* Data were also collected from a seventh prison in order to over sample transgender inmates.Secure Informed Consent

Adult Male Population(Not in Reception Centers or Fire Camps and Not EOP)

*82/71/69 *64/53/52 *42/35/34 *93/81/81 *46/43/39 *73/61/60

*29/26/26 Prison 1 4/26-27, 5/9 Prison 2 5/10-12

Prison 3 5/15-18 Prison 4 5/23-25, 6/14-15 Prison 5 5/30-6/2 Prison 6 6/6-9Prison 7 9/6-7, 10/4 *First number = Total number of inmates seen; Second number = Total number of inmates who consented to be interviewed; Third number = Total number of usable interviews. Previous Data Collection(April 26, 2006 October 4, 2006)

Previous Samples: Size and Participation RateRandom SampleTotal = 322Participation Rate = 83.5%

Transgender Sample Total = 39 Participation Rate = 93.5%

Assessment of Previous SamplesRandom SampleStatistically similar to the population of inmates in the six prisons from which data were collected Statistically comparable to the CDCR population in terms of sex offender registration and lifer statusStatistically different from the CDCR population in terms of age, race/ethnicity, offense category, custody level, gang status, and mental health problems The magnitude of the statistical differences between the sample and the CDCR population is small, but the study sample has fewer Hispanic inmates and more inmates with officially recognized mental health issuesTransgender SampleNot designed to generalize to larger populations

Current Research DesignIdentification and Selection of all Transgender Inmates

Face-to-Face Interview, with a focus on:

PART I: Housing History PART II: General Perceptions and Actual ExperiencesPARTIII: Individual/Demographic CharacteristicsALL ADULT INSTITUTIONS 33 Facilities

List of TG inmates (Non-Reception Center, non-EOP)

Secure Informed Consent

Preamble/Informed Consent

Housing History, with a focus on four dimensions of the housing environment:Physical location/conditionsInteractional/network conditionsPerceptual dimensionsExperiential dimensionsGeneral Perceptions and Experiences of Incarceration: Opinions of safety and housingUnderstandings/interpretations of violenceHistory of actual victimization while incarcerated and in the communityIndividual Characteristics:EducationFamilyGang and substance abuse historyIdentityIncarceration

The UCI Interview Schedule*

* This list reflects the current draft of the instrument, but not necessarily the final draft of the instrument.

Prison 1Prison 2Prison 3Prison 4Prison 33Inmate1Inmate2Inmate3Inmate200+Current Interview FormatHousing1Housing2Housing3Housing?Physical Location/Conditions Interactional/Network Conditions Perceptual Dimensions Experiential Dimensions

Key Tasks and Estimated Timeline

Complete Literature Review

January 28, 2008

Complete Draft of Interview InstrumentJanuary 28, 2008

Pilot Test Interview Instrument

January 28, 2008

Complete Report on State/Local Policies

on Transgender Inmates

January 28, 2008

Complete Training Manual for Interviews February 1, 2008

Conduct Training for Interviewers

February 15, 2008

Complete Final Interview Instrument

February 29, 2008

Obtain Official Roster of TG Inmates

from Facilities

March 14, 2008

Obtain C-File/OBIS Data from CDCR

March 31, 2008

Complete Interview Data Collection

July 1, 2008

Complete Working Draft of Codebook

for Interview Data

July 1, 2008

Complete Data Coding, Entry, & CleaningAugust 31, 2008

Complete Final Draft of Codebook for

Interview Data

August 31, 2008

Complete Data Analysis for Final ReportOctober 31, 2008

Submit Final Report to the CDCR

December 30, 2008

4. Soliciting Feedback, Input, and Cooperation

Help!!!!!

AcknowledgmentsCDCRBubpha Chen John DoveySharon EnglishNola GrannisNancy HardyKimberly KaufmanSandi MenefeeWendy StillJeanne WoodfordWardens and other prison administrators and correctional officers at seven prisons from which data were collected

Research Consultants Allen BeckMark FleisherAlexander L. LeeMerry MorashAndie Moss

Stop Prisoner RapeLovisa StannowLara Stemple

UC Research Team/ConsultantsVictoria BasoloLyndsay BoggessPhilip GoodmanRyken GrattetJohn HippLynn PazzaniJoan PetersiliaAmelia ReganMichael SmythRebecca TrammellSusan TurnerSylvia ValenzuelaGuadalupe Vidales

InmatesHundreds whose names will remain confidential

Identifying transgender inmates in all prisonsWardensInmate Support GroupsHealth Records/Dr. Lori KohlerAccessing all transgender inmates/providing all transgender inmates an opportunity to be interviewedDetermining the scope of move history captured:Time frameWhat counts as a housing assignmentCapturing multiple dimensions of housing environmentsScheduling data collection at all 33 facilities within a tight time frame

Key Concerns

Contact information

Valerie Jenness, Ph.D.

Department of Criminology, Law & SocietyUniversity of CaliforniaIrvine, California 92697-7080

Tel: (949) 824-3017 FAX: (949) 824-3001 E-mail: jenness@uci.edu