U.S. Department of Justice Federal Bureau of Prisons NOV 26718 ani @42 Washington, DC 20834 November 5, 2018 The Honorable Brian Schatz United States Senate Washington, DC 20510 Dear Senator Schatz: This is in response to your correspondence to Acting Director Hurwitz, dated August 9, 2018, regarding the change in the Federal Bureau of Prisons (Bureau) Transgender Offender Manual. 1 appreciate your concern for the safety and security of inmates housed within the Bureau, to include the safety and security of our transgender inmates. The Bureau takes very seriously the safety and security of transgender offender offenders, as well as all inmates in our custody. We use all available options outlined in our policies, including Program Statement 5324.12, Sexually Abusive Behavior Prevention and Intervention Program, and Program Statement 5200.04, Transgender Offender Manual, to safeguard transgender offenders and indeed all inmates from sexual abuse and other harm. The language recently added to the Transgender Offender Manual clarifies the factors used by staff members in making individualized designation determinations for transgender inmates, and is consistent with the PREA requitements, which were incorporated in the above-referenced policies. The new language does not preclude individualized determinations from being made, as required by the regulations. While we do not have statistical data regarding risk of harm to transgender inmates within our population, we have seen where plicing transgender persons with non-transgender peers can disrupt the orderly operation of the facility. Such placements can also create a risk of harm to transgender persons when their non-transgender peers oppose their placement. Recent litigation has underscored the importance of the Bureau considering the safety and security for all impacted inmates, as has been the case since the PREA regulations were first implemented by the Bureau. The Bureau remains commitied to the safety and security of the inmates within our population, and takes affirmative measures to safeguard all inmates, including transgenderoffenders, from harm. I trust this is responsive to your concerns. If you have additional questions, please do not hesitate to contact me. Sincerely, jonya D. Thompson Acting Assistant Director Information, Policy and Public Affairs Division