heterosexual youth (1.5%).4 While BJS did not collect these data on transgender youth in
detention facilities, the rates for transgender adults are extremely high: 26.8% of transgender
people detained in jails and 39.9% of transgender people detained in prisons report being
sexually victimized.5 Thus, LGBTQ youth are at great risk of harassment and victimization in
detention facilities. Moreover, appropriate placements for transgender and intersex youth are
critical to protecting their safety and well-being, and should not solely be based on their sex
assigned at birth (see also PREA Standard §115.342).6 We also commend the language which
states that placement/housing decisions may not be based on complaints of staff or other youth.
These decisions are based on safety, not on any one person’s personal opinion about gender
identity. The DOJ’s PREA Working Group also reiterated this with guidance that they issued on
March 24, 2016, which states that “…a facility should not make a determination about housing
for a transgender or intersex inmate based primarily on the complaints of other inmates or staff
when those complaints are based on gender identity.”7
We would like to express support for the proposed rule changes, specifically protections for
youth with diverse sexual orientation, gender identity, and expression (SOGIE) in R
400.4137 on sleeping rooms. We endorse the language as written, based on the following:
1. The vulnerabilities of children with diverse SOGIE are well-documented, and
reinforce the need for placement consistent with gender identity that prioritizes
youths’ views about their own safety. Youth with diverse SOGIE often suffer harms as
a consequence of rejection and social marginalization8. Due to pervasive rejection and
bias in their homes, schools and communities, children with diverse SOGIE experience
high rates of depression, suicidality, substance use, physical and sexual victimization, and
homelessness. Family conflict, verbal harassment, school bullying, and physical assault
constitute the harsh daily reality for too many of these young people9. Social conditions
for transgender girls of color are particularly brutal. Child caring institutions should
consider these factors related to physical and emotional safety when making placement
decisions, as the rule language outlines.
2. While children with diverse SOGIE are a particularly vulnerable population with
unique developmental tasks, they also have the same inherent capacity for
happiness, achievement, and healthy adjustment as other children. Placing children
with diverse SOGIE in unsafe or hostile settings exacerbates their isolation, instability,
4 Beck, A. J., Cantor, D., Hartge, J., & Smith, T. (2013). Sexual victimization in juvenile facilities reported by youth, 2012. Washington, DC: US Department of Justice, Office of Justice
5 Beck, A. J. (2014). Sexual victimization in prisons and jails reported by inmates, 2011–12: Supplemental Tables: Prevalence of Sexual Victimization of Among Transgender Adult
6 National PREA Resource Center, https://www.prearesourcecenter.org/implementation/prea-standards/juvenile-facility-standards.
Thought the language uses the term “inmate,” the rule also applies to youth (residents) in juvenile facilities.
8 Brian A. Rood, Sari L. Reisner, Francisco I. Surace, Jae A. Puckett, Meredith R. Maroney, and David W. Pantalone. Transgender Health. Dec 2016.151-164,
http://doi.org/10.1089/trgh.2016.0012; Pariseau, E. M., Chevalier, L., Long, K. A., Clapham, R., Edwards-Leeper, L., & Tishelman, A. C. (2019). The relationship between family
9 Higa D, Hoppe MJ, Lindhorst T, et al. Negative and Positive Factors Associated With the Well-Being of Lesbian, Gay, Bisexual, Transgender, Queer, and Questioning (LGBTQ) Youth.
Youth & Society. 2014;46(5):663-687. doi:10.1177/0044118X12449630