Published: February 2, 2022
By: Steve Warren
The Justice Department has released new rules to allow biological men who identify as women to be incarcerated at federal prisons with female inmates.
The Federal Bureau of Prisons released its updated 14-page Transgender Offender Manual last month. The declared purpose of the amended manual is "to ensure the Bureau of Prisons (Bureau) properly identifies, tracks, and provides services to the transgender population."
The manual defines "gender" as: "A construct used to classify a person as male, female, both, or neither. Gender encompasses aspects of social identity, psychological identity, and human behavior."
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As CBN News reported, an Obama-era policy had allowed inmates to be placed in federal prisons that corresponded to their gender identity rather than biological sex. President Donald Trump reversed that policy, requiring the Bureau of Prisons Transgender Executive Committee (TEC) to follow four assessments on a "case-by-case basis" when determining where to place alleged transgender inmates.
The Bureau of Prisons (BOP) also posted the changes to its website stating that during the initial assessment the TEC "will use biological sex as the initial determination for designation." This wording has been removed by the Biden administration.
In addition, all prison staff are now required to either use the transgender inmate's last name when addressing them or use the pronouns associated with the inmate's identified gender.
"Deliberately and repeatedly mis-gendering an inmate is not permitted," according to the manual.
Under the Trump administration, it was required that any hormone or medical treatment must be "necessary" and will be provided after an individualized assessment of the requested inmate by institution medical staff.
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Now a section in the manual covers the entire process for transgender surgery. An inmate may submit a request to his or her warden requesting surgical consideration with the TEC having the final say in determining if all milestones and individual goals for surgical consideration have been met.
The manual's release followed Arkansas Republican Sen. Tom Cotton's announcement of his introduction of the Preventing Violence Against Female Inmates Act on Jan. 12.
Cotton's legislation is designed to prohibit the Bureau of Prisons from housing prisoners with persons of the opposite sex.
The measure would forbid the Bureau of Prisons from using asserted "gender identity" to house inmates of one sex with inmates of the opposite sex. As a condition of receiving certain federal law enforcement grant funds, it would also forbid state correctional institutions from using gender identity to house inmates of one sex with inmates of the opposite sex.
"President Biden's plan to house male and female prisoners together will put women in danger," Cotton said in a statement. "Documented cases prove that placing men—including ones who 'identify' as female—in women's prisons puts female inmates at increased risk of sexual assault. My bill will stop the president's ill-conceived plan and keep men and women separated in federal prison."
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