AGENCY TESTIMONY
Concerns with Intro 625 on TGNCNBI housing requirements
1:12:26
·
129 sec
Deputy Commissioner Torres expresses serious concerns about Intro 625, which would establish new requirements for housing TGNCNBI individuals in DOC custody. She outlines several issues with the proposed legislation and its potential impact on jail operations and safety.
- The bill would create an untenably high burden for making housing determinations
- Concerns about the limited criteria for denying preferred housing placements
- Potential for individuals to transfer facilities at will by claiming TGNCBI identity
- Safety concerns, especially for women and TGNCBI individuals
- Torres emphasizes the need for flexibility in housing determinations to ensure safety for all
Francis Torres
1:12:26
DOC has serious concerns with intros 625, which would establish certain requirements and procedures related to housing of TGNBI individuals in the department's custody.
1:12:41
As drafted, the bill will create an untenably high burden for making house determinations in the case an individual identifies as TGNBI.
1:12:56
It would allow for only one reason to deny an individual's preferred housing placement.
1:13:04
Which the bill describes as a current danger of gender based violence against others.
1:13:13
Notably, there is not a charge or conviction associated with this term nor is it associated with a particular gender.
1:13:23
The department is not in a position to determine whether an individual is presently going to commit a violent act.
1:13:31
Nor their motivation for that act.
1:13:34
It is not possible to make a determination based on this criteria, especially one that meets the burden of clear and convincing evidence.
1:13:45
This standard is not present in any other housing determination for general population housing.
1:13:53
Taken together, what this would mean is that all people coming into custody will effectively be able to be trans effort to a different facility at will at any time, simply by stating that they identify as TGNBI.
1:14:11
It is not possible to run a jail this way.
1:14:14
It is not safe.
1:14:16
Especially so for women and TGNBI individuals.
1:14:21
DOC is committed to treating all persons in custody equitably regardless of gender and has enacted groundbreaking policies that outpays other jurisdictions based on this principle.
