Proposed New York Law Could Put Criminally Insane Male Inmates In Women’s Prisons, Advocates Fear
A proposed law in New York could allow mentally ill male inmates to assume a non-male identity and be granted access to women’s prisons, according to a women’s advocacy group.
Yesterday, the New York Senate added amendment Senate Bill 2860, also known as The “gender identity respect, dignity and safety act,” This would allow male prisoners to be moved into a correctional facility, or another institution that is compatible with their self-determined needs. “gender identity.” According to the women’s advocacy group, these “other institutions” The likely additions to the bill include psychiatric facilities For criminally insane or high-risk sex offenders.
“The Bill expands beyond correctional facilities to extend to ‘other institutions’ housing incarcerated individuals,” Amanda Stulman is the USA director for Keep Prisons Single Sex.KPSS). “Presumably, this would include forensic mental health facilities. So, this New York Senate Bill would presumptively house mentally ill incarcerated men with mentally ill women.“
In criminal law, when individuals are found “not guilty by reason of insanity,” They are required to receive psychiatric treatment at a mental institution. New York State offers several maximum security psychiatric facilities to criminals in addition to 44 prisons. two locations High-risk sex offenders are treated by these centers. Individuals may choose to live at Oakview, Marcy, New York. It houses 303 residents. Bridgeview, Ogdensburg houses 92. “deemed as high risk to sexually offend and in need of intensive treatment while serving prison sentences.”
Senate Bill 2860 would allow anyone to be eligible for the Senate Bill 2860. “self-identifies” Not only are transgenders considered transgender, they can also be called transgender. “gender nonconforming,” “nonbinary” To be able to identify or have an intersex condition. “presumptively” to be moved into a facility that has the opposite sex. The bill states that inmates will not be required to show or provide documentation to prove their sexual orientation. “gender identity” They existed before being incarcerated, and their records can be kept confidential.
The new bill, in addition to housing placements, would grant prisoners state-sponsored access cross-sex hormones to confirm their identity and allow them to have surgeries to do so. “gender identity,” But women also have the right not to use hormones, or any other type of surgery.
“As with the laws and policies of many other jurisdictions, the provisions of this proposed New York Bill permit any inmate, at any time, making no modifications to their body or presentation, to claim a ‘gender identity’ which requires a correctional system to place them in cross-sex housing,” The Daily Wire interviewed Stulman.
“They cannot be challenged or denied on the basis of lack of sincerity or past crimes, no matter how much their criminal history is one directed at women,” She continued.
Correctional staff and officers are required to address inmates by their new names and pronouns. “commissary items, clothing, personal property, and programming and educational materials consistent with gender identity.” Female corrections officers will also be allowed to search male prisoners. Inmates can sue the state for violating these conditions.
Furthermore, the bill would limit use “involuntary protective custody,” A safeguarding practice that keeps transgender male inmates separated from the female population. It is deemed to be a safeguarding measure. “harmful” to the male inmates’ wellbeing.
According to the bill, a denial of placement into the women’s ward shall not be based on “discriminatory reasons” They may not like their sexual characteristics or complain about being housed in a male-dominated environment. If they are denied placement, however, they may be refused. “clear and convincing evidence” They “present a current danger of committing gender-based violence against others.”
The bill also included a time restriction, which would require prison officials within two days to determine whether a prisoner is placed. Stulman warned that this would pose serious dangers to women as it takes too long to do a thorough mental health assessment and risk assessment on male inmates.
“Incarcerated women are rightly petrified while state legislators imagine themselves as civil rights heroes,” The Daily Wire interviewed Stulman. “But this is no ‘civil rights’ movement. There is no ‘right’ for male inmates, however they identify, to be incarcerated with women.”
“Such an idea is contrary to decades of American and international jurisprudence, including the United Nations’ Mandela Rules, the Standard Minimum Rules for the Treatment of Prisoners. Rule 11(a) provides: ‘Men and women shall so far as possible be detained in separate institutions; in an institution which receives both men and women, the whole of the premises allocated to women shall be entirely separate,’” She continued.
Stulman’s organization, Keep Prisons Single Sex (KPSS), which has both United Kingdom and United States representation, campaigns for single-sex accommodation within the prison system and access to data on male inmates in women’s facilities. KPSS wrote the following: letter to the bill’s sponsors and the committee Crime Victims, Crime and Correction, to highlight their concerns about the new bill and to cite past instances of
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