Thu 4 Aug 2016 In: Our Communities View at Wayback View at NDHA
After reading Sarah's excellent article on No Pride in Prison's concerns over strip searches, I decided to have a look at the Department of Corrections' Prison Standard Operations Manual. However, after that exercise, I was left with more questions than answers. Corrections Minister Judith Collins (1) Under the "Induction" section (1.108.10), I found the only reference in the entire current online draft of the document to transgender prisoners, who can either have a single occupant cell, double bunk with another transgender prisoner, or a non-harmful cisgender prisoner. There seems to be no mention of the option of gender appropriate correctional facility placement earlier in this section. Why? (2) Under the "Security" section (S.07), there is no mention of the use of strip searches, or what principles, standards and limits govern their conduct and use. One imagines that Corrections would respond that the prisoner was suspected to be carrying either drugs, or items that posed a risk to staff or other prisoners. On what basis do prison staff make such evaluations? From what one can make out, most transgender prisoners appear to be serving time for dishonesty offences, not assault. If it is drugs, why isn't there a distinct section of the Operations Manual that deals with such contraband within prisons? Should suspected possession of cannabis attract the same treatment as P/crystal methamphetamine, given that they are in different categories within the Misuse of Drugs Act 1981? Are strip searches of either cismale or cisfemale prisoners conducted with comparable frequency? Why is there no specific policy related to transgender prisoners in this context? (3) Under the "Misconduct" section, it is noted (M8) that disciplinary measures are to have due regard for "gender", amongst other criteria. According to the Crown Law Office opinion and the recentHemmingsonEmployment Relations Authority decision, gender identity is to be treated as a subcategory of gender when it comes to antidiscrimination laws. Again, one must ask, would staff treat ciswomen prisoners in a comparable manner? Item M10 refers to staff enjoined not to undertake 'retaliatory' behaviour, or that which is 'inconsistent with acceptable standards of treatment.' Again, in this context, should this not be interpreted to mean comparably to ciswomen prisoners? Do Corrections staff receive adequate professional training in transgender prisoner management that would allow them to do so? The Prison Standard Operating Manual contains narrow references to transgender prisoners. There is no sign of more comprehensive policy review or reform within the current manual format to deal with the specific challenges raised by transgender prisoner management, or indeed, the specific needs of female prisoners generally. Is the Manual under revision? If so, when can we expect to see a suitably amended and expanded version? If not, how does the Department of Corrections intend to respond to the questions raised in this article? And why is there no Department of Corrections Strategic Report on the issues associated with safe transgender prisoner management? Where is the policy, where are the procedures, where are the operational criteria, where is the detail? Recommended: Prison Standard Operations Manual (New Zealand Department of Corrections):http://www.corrections.govt. nz/resources/policy_and_ legislation/Prisons- Operations-Manual.html Craig Young - 4th August 2016