Unjust: Life after conviction for LGBT people
by Sara Ritsch
Staff Writer
An Unjust Criminal Justice System: Pt. VII: Life After Conviction
Life After Conviction
Can you imagine the shock of going from discrimination in imprisonment to discrimination in freedom? What a disheartening process – let’s take a look.
Section 3 of Unjust: How the Broken Criminal Justice System Fails LGBT People takes us on a walk through Life after conviction: LGBT people face added challenged to rebuilding their lives. This can be an enormous task for someone trying to return to the ‘real world’ and to relearn how to support themselves, obtain basic care and essentials and reignite interpersonal relationships. All of this combined with the already multi-faceted rejection faced in and out of prison can be devastating for LGBT people.
Two facets will be covered in Section 3 of Unjust. The first is a lack of support for LGBT people in probation, parole and re-entry programs. The second is that having a criminal record harms LGBT people’s ability to support themselves and be a part of their families and communities. Today, we will approach the first of these impediments with a close look at the unique experiences for LGBT individuals.
Lack of support for LGBT people in probation, parole and re-entry programs:
Many parole and re-entry programs lack sensitivity training and competency as to LGBT needs. This is the first obstacle for finding jobs and housing and successfully completing probation or parole.
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Problem: Lack of LGBT competency in prison re-entry programs
Re-entry planning should help inmates with employment searches prior to being released. Some should provide assistance with obtaining ID documentation. However, it is hard to obtain identification for transgender people that comply with their gender identity. The staff are unaware of most steps necessary for housing or job searches for trans people by giving them improper identification. On top of that, trans people are usually misguided on how to appropriately dress for interviews, whether in accordance with their gender identity or not.
“Either they will be ‘outed’ as transgender during the job search, or else they will face added discrimination. Mismatched identity documents can also make future interactions with law enforcement more difficult,” says Unjust.
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Problem: Lack of LGBT competency in probation and parole
Notoriously, probation and parole programs are not that supportive of those re-entering the community, even though they are meant to help. Programs tend to place strict guidelines on individuals, such as saying they cannot participate in some communities or socialize with certain people. They also require that re-entrees maintain employment.
“There have been cases in which a transgender person’s dressing in accordance with their gender identity has resulted in a violation of parole terms,” Unjust says.
As a result, high rates of recidivism plague the LGBT community, sending them back to prison shortly after their release.
In addition to this, holding a job as a parole requirement for someone who already has difficulty applying for a job in the first place is a trying task.
“When job training and employment services for individuals with criminal records are unaware of the job discrimination faced by LGBT people – or fail to acknowledge the impact it can have on their ability to find economic stability – they do their LGBT clients a disservice,” says Unjust.
Even traveling can be a violation of parole – and that includes traveling in order to receive specialized medical care, such as in the case of a trans person.
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Problem: Lack of LGBT competency in re-entry programs
Re-entry programs are assigned through private agencies by the federal, state and local governments. These include residential programs such as halfway houses, where a person’s life is mandated by the facility in order to better their process.
Unfortunately, it is not uncommon for transgender people to be housed in living situations that do not match their gender identity. They “have had their clothing taken away for violating house policies,” according to Unjust. “Denying transgender people the ability to live their lives authentically makes it all the more challenging for them to focus on addressing the difficulties of having a criminal record, such as finding employment, completing their education, and receiving substance abuse counseling.”
Religiously affiliated housing programs tend to be unkind to LGBT people. At the very least, they lack the understanding to adequately assist LGBT people in need. Most centers, in general, fail to teach LGBT people how to react against discrimination when applying for job or how to deal with being ‘outed’ as transgender during a background check.
The needs of youth who re-enter society are extremely important; such as their education, healthcare and family. These youth are either released into the arms of a family member or admitted into a “reintegration team” before their release to help ease the transition.
However, LGBT youth may have yet to come out to their family and friends. Support, in that case, is hard to find. They risk family rejection, homelessness, bullying or violence, lack of healthcare and leaving school. Each of these risks increases their chance of interacting with law enforcement. And everyone knows how badly that can turn out.
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Problem: Indefinite detention through civil commitment
If a court concludes that a defendant’s behavior will continue, that person may not be released even at the end of their sentence. According to Unjust, “A court may conclude that an individual has a psychological condition that makes it difficult to control their behavior, putting them at higher risk of committing a crime in the future.”
In addition to this, Unjust says, “The process of ‘civil commitment [Ed: explained above] has been used at high rates for individuals convicted as sex offenders.”
The most unfortunate part of this statement is that it is not uncommon for LGBT people to be convicted as sex offenders. Police target those who they do not understand, and there are laws against sodomy or punishments for same-sex contact in abundance.
Civil commitment, recidivism and homelessness are high risks for LGBT people as a result of this massively unjust criminal justice system.
Next week, we will discuss the impact of a criminal record on LGBT people in the next facet of Section 3: Life after conviction: LGBT people face added challenges to rebuilding their lives.
The Gayly – 4/18/2016 @ 4:03 p.m. CDT