The Victimization of Transgender Inmates:
An Empirical Examination of a Vulnerable
Population in Prison
presented at the
The Wardens Retreat
California Department of Corrections and Rehabilitation
by
Valerie Jenness, Ph.D.
Center for Evidence-Based Corrections
Department of Criminology, Law and Society
University of California, Irvine
Santa Barbara, California
February 5, 2008
Objectives
1. Describe the context for research
2. Summarize past related research
3. Introduce current plans for research
4. Solicit feedback, input, and cooperation
1. The Context for Research
Why Research?
Why Research on Transgender Inmates?
Evidence-Based Corrections:
From Principle to Practice
The CDCR Mission:
The overarching mission is to improve public safety
through evidence-based crime prevention and
recidivism reduction strategies.
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).
Why Research on Sexual
Assault/Transgender Inmates?
• Legislative Mandates
– Prison Rape Elimination Act
– Sexual Abuse in Detention Elimination
Act
• Legal Concerns
– Farmer v. Brennan
– Giraldo v. the CDCR
• Insufficient research
Highlights of the PREA
• 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
Sexual Abuse in Detention Elimination Act
“…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…”
“This 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 1968
– Describes 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 challenges
– Offers suggestions to help guide future research
– But, 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:
An Empirical Examination of
Sexual Assault
Report submitted to the
California Department of Corrections and Rehabilitation
by
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
Purpose of the Study
Key Questions:
1.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.
Select Differences between the Random Sample
and the Transgender Sample
Random Sample
Transgender Sample
Prevalence of Sexual Assault
4.4%
59%
Prevalence of undesirable sexual acts
1.3%
48.3%
Weapon actually used if involved
20%
75%
Officer Aware of the Incident
60.6%
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: Research
• Research on other incarcerated populations, such as
women and juveniles.
– Additional research on transgender inmates, nonheterosexual 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, especially
– staff-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. I
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.
• 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, Irvine—far more than any other report posted on the Center’s 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.
Acknowledgments
•
•
•
•
•
•
•
•
•
•
•
•
•
•
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CDCR
Bubpha Chen
John Dovey
Sharon English
Nola Grannis
Nancy Hardy
Kimberly Kaufman
Sandi Menefee
Wendy Still
Jeanne Woodford
Wardens and other prison
administrators and correctional officers
at seven prisons from which data were
collected
Research Consultants
Allen Beck
Mark Fleisher
Alexander L. Lee
Merry Morash
Andie Moss
•
•
Stop Prisoner Rape
Lovisa Stannow
Lara Stemple
•
•
•
•
•
•
•
•
•
•
•
•
•
UC Research Team/Consultants
Victoria Basolo
Lyndsay Boggess
Philip Goodman
Ryken Grattet
John Hipp
Lynn Pazzani
Joan Petersilia
Amelia Regan
Michael Smyth
Rebecca Trammell
Susan Turner
Sylvia Valenzuela
Guadalupe Vidales
•
Inmates
Hundreds 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 Design
ADULT MALE
INSTITUTIONS
Six Facilities*
Roster
(Non-Reception Center, non-EOP)
Random Selection of Inmates
Secure Informed Consent
INTERVIEW INSTRUMENT
Life in Prison/Routine Activities; Social Support in Prison; Inmate General WellBeing/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
* Data
were also collected from a seventh prison in order to over sample transgender inmates.
Previous Data Collection
(April 26, 2006 – October 4, 2006)
Adult Male Population
(Not in Reception Centers or Fire Camps and Not EOP)
Prison 1
4/26-27, 5/9
*64/53/52
Prison 2
5/10-12
*42/35/34
Prison 3
5/15-18
*93/81/81
Prison 4
Prison 5
Prison 6
Prison 7
5/23-25, 6/14-15
5/30-6/2
6/6-9
9/6-7, 10/4
*46/43/39
*82/71/69
*73/61/60
*29/26/26
*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 Samples:
Size and Participation Rate
•
Random Sample
– Total = 322
– Participation Rate = 83.5%
• Transgender Sample
– Total = 39
– Participation Rate = 93.5%
Assessment of Previous Samples
•
•
Random Sample
–
Statistically 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 status”
–
Statistically 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 issues
Transgender Sample
–
Not designed to generalize to larger populations
Current Research Design
ALL ADULT INSTITUTIONS
33 Facilities
List of TG inmates
(Non-Reception Center, non-EOP)
Identification and Selection of
all Transgender Inmates
Secure Informed Consent
Face-to-Face Interview, with a focus on:
PART I: Housing History
PART II: General Perceptions and Actual Experiences
PARTIII: Individual/Demographic Characteristics
The UCI Interview Schedule*
Preamble/Informed Consent
Housing History, with a focus on four dimensions of the housing
environment:
1.




Physical location/conditions
Interactional/network conditions
Perceptual dimensions
Experiential dimensions
General Perceptions and Experiences of Incarceration:
2.
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
Opinions of safety and housing
Understandings/interpretations of violence
History of actual victimization while incarcerated and in the community
Individual Characteristics:
3.





Education
Family
Gang and substance abuse history
Identity
Incarceration
* This list reflects the current draft of the instrument, but not necessarily the final draft of the
instrument.
Current Interview Format
Prison 1
Prison 2
Inmate1
Housing1
Prison 3
Housing2
Prison 4
Housing3
Inmate2
Physical Location/Conditions
Inmate3
Interactional/Network Conditions
Perceptual Dimensions
Inmate200+
Experiential Dimensions
Prison 33
Housing?
Key Tasks and Estimated Timeline
Complete Literature Review
Complete Draft of Interview Instrument
Pilot Test Interview Instrument
Complete Report on State/Local Policies
on Transgender Inmates
Complete Training Manual for Interviews
Conduct Training for Interviewers
Complete Final Interview Instrument
Obtain Official Roster of TG Inmates
from Facilities
Obtain C-File/OBIS Data from CDCR
Complete Interview Data Collection
Complete Working Draft of Codebook
for Interview Data
Complete Data Coding, Entry, & Cleaning
Complete Final Draft of Codebook for
Interview Data
Complete Data Analysis for Final Report
Submit Final Report to the CDCR
January 28, 2008
January 28, 2008
January 28, 2008
January 28, 2008
February 1, 2008
February 15, 2008
February 29, 2008
March 14, 2008
March 31, 2008
July 1, 2008
July 1, 2008
August 31, 2008
August 31, 2008
October 31, 2008
December 30, 2008
4. Soliciting Feedback, Input,
and Cooperation
Help!!!!!
Acknowledgments
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
CDCR
Bubpha Chen
John Dovey
Sharon English
Nola Grannis
Nancy Hardy
Kimberly Kaufman
Sandi Menefee
Wendy Still
Jeanne Woodford
Wardens and other prison
administrators and correctional officers
at seven prisons from which data were
collected
Research Consultants
Allen Beck
Mark Fleisher
Alexander L. Lee
Merry Morash
Andie Moss
•
•
Stop Prisoner Rape
Lovisa Stannow
Lara Stemple
•
•
•
•
•
•
•
•
•
•
•
•
•
UC Research Team/Consultants
Victoria Basolo
Lyndsay Boggess
Philip Goodman
Ryken Grattet
John Hipp
Lynn Pazzani
Joan Petersilia
Amelia Regan
Michael Smyth
Rebecca Trammell
Susan Turner
Sylvia Valenzuela
Guadalupe Vidales
•
Inmates
Hundreds whose names will remain
confidential
Key Concerns
1.
Identifying transgender inmates in all prisons



2.
3.
Accessing all transgender inmates/providing all
transgender inmates an opportunity to be interviewed
Determining the scope of move history captured:


4.
5.
Wardens
Inmate Support Groups
Health Records/Dr. Lori Kohler
Time frame
What “counts” as a housing assignment
Capturing multiple dimensions of “housing
environments”
Scheduling data collection at all 33 facilities within a
tight time frame
Contact information
Valerie Jenness, Ph.D.
Department of Criminology, Law & Society
University of California
Irvine, California 92697-7080
Tel: (949) 824-3017
FAX: (949) 824-3001
E-mail: jenness@uci.edu