Washington prisons agree to changes for treatment of transgender persons

The Washington Department of Corrections (DOC) will now designate a gender-affirming mental health specialist at each prison, require more transgender-focused training for correctional officers and provide gender-affirming clothing to transgender individuals.

On Wednesday, Disability Rights Washington (DRW) filed a complaint and settlement agreement in federal court to resolve allegations that DOC was violating the U.S. Constitution, the Americans with Disabilities Act (ADA), and the Rehabilitation Act in its treatment of incarcerated people with disabilities who are transgender.

The complaint alleged that DOC violated the 8th Amendment to the Constitution by failing to provide timely medical and mental health care to transgender patients and subjecting them to harmful and unnecessary cross-gender strip and pat-down searches. The complaint also alleged DOC violated the ADA and Rehabilitation Act by discriminating against transgender patients with disabilities in the provision of gender-affirming medical and mental health care and failing to modify policies, practices, and procedures to accommodate such patients.

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“This is a landmark agreement and we look forward to continuing to work closely with Disability Rights Washington (DRW) to implement it,” DOC Secretary Cheryl Strange said in a statement. “We have already made substantial improvements to the gender-affirming care offered to transgender incarcerated individuals in recent years, and this is another step in the right direction.”

The agency will be monitored for three years to make sure it is properly complying.

Pat-downs and searches of transgender individuals will now be performed by a correctional officer of the gender formally requested by the transgender individual.

Gender-affirming basic items will also be issued to inmates.