People Against Prisons Aotearoa

No Pride in Prisons Reveals Administrative Mismanagement of Transgender Prisoner

The activist group behind today’s hunger strike is releasing proof that the Department of Corrections hugely mismanaged Jade Follett’s transfer request.

In a letter to MP Jan Logie, Minister of Corrections Peseta Sam Lotu-Iiga confirmed that the Department of Corrections received a transfer request from Follett on the 29th of June 2015:

“Both my officials and I read with concern that an earlier application had been made by Jade. Their enquiries with Jade have concluded that she handed a written request for consideration to be transferred to a women’s facility on 29 June 2015 to a Corrections Officer. This was in turn given to a Principal Corrections Officer who subsequently went on leave. I have been advised by my Corrections Officials that this letter does not appear to have been forwarded to prison management for processing. My officials are looking into this matter to understand how the process broke down. I expect them to implement some changes to strengthen the process as a result.”

No Pride in Prisons has publicly posted the full letter from Lotu-Iiga on their official Facebook page.

‘What this statement demonstrates is the institutional incompetence of our Department of Corrections‘, says No Pride In Prisons spokesperson Jennifer Katherine Shields. ‘Jade was allowed to remain in an unsafe situation for two months longer than necessary because the Department is failing to secure the safety of its prisoners.’

‘As well as this, the Department’s administrative failure has meant that Jade’s integrity has been put into question. Corrections knew that Jade had applied for transfer months ago, but only mentioned her recent reapplication in their statements to the press. This gave the impression that Jade was not telling the truth.’

No Pride In Prisons will be holding a public forum next Friday the 4th of September at the University of Auckland. The group will discuss the implications of Jade’s treatment in the context of broader institutional failings by the Department of Corrections, and develop a plan for further actions.

[Image descriptions: A letter dated 27 August 2015 addressed to Member of Parliament Jan Logie on Sam Lotu-Iiga’s official letterhead. The letter, split across two pages, reads as follows:

“Dear Ms Logie

I thank you for your letter dated 25 August 2015, raising concerns on behalf of the group No Pride In Prisons regarding the safety of prisoner Jade Follett, who has requested to be transferred to a women’s facility.

I was deeply concerned to read your letter regarding Jade’s request to transfer from Rimutaka Prison. I can assure you that I take prisoner safety very seriously. I have assurances from Corrections Officials that they have Jade’s wellbeing at the forefront of their concerns.

Both my officials and I read with concern that an earlier application had been made by Jade. Their enquiries with Jade have concluded that she handed a written request for consideration to be transferred to a women’s facility on 29 June 2015 to a Corrections Officer. This was in turn given to a Principal Corrections Officer who subsequently went on leave. I have been advised by my Corrections Officials that this letter does not appear to have been forwarded on to prison management for processing. My officials are looking into this matter to understand how the process broke down. I expect them to implement some changes to strengthen the process as a result.

I understand that Rimutaka Prison management received a new request from Jade to be transferred to a women’s facility on 22 August 2015. Jade’s application for transfer has been assessed by Custodial and Health staff as a matter of priority. As part of the assessment of the application, the safety concerns of Jade and other prisoners were also considered.

I can advise that the Chief Executive has today approved the transfer request and Jade will be transferred to a women’s prison this afternoon. I understand that Prison Director Chris Burns will be making an apology to Jade for the delay in processing her application.

The Government is very aware and sympathetic to the particular needs of transgender prisoners including the issues surrounding their placement and safety. You may be aware that an amendment to the Corrections Regulations 2005 came into effect on 10 February 2014. The amendment puts in place new requirements for determining whether Transgender and Intersex prisoners should be accommodated in either a male or female prison. Amendments to regulation 190 of the Corrections Act 2005 have the following two elements.

Firstly, where a prisoner’s birth certificate has been amended to record a sex different from that recorded at birth (this requires a Family Court order), the prisoner is entitled to be placed in accordance with the revised certificate.

Secondly, a transgender prisoner who has not had their birth certificate amended may nevertheless apply to the Chief Executive of the Department of Corrections for placement in accordance with their nominated gender. In considering such applications, the Chief Executive will consider a range of factors relating to the prisoner’s commitment to living as a member of their nominated gender, and the safety of that prisoner and other prisoners. Prisoners whose detention relates to a serious sexual offence against a person of their nominated gender, or who was released from a prison sentence for such an offence within the last seven years, will not be eligible to apply to the Chief Executive.

Corrections have had six applications on transgender placements since the legislation came into force. Five of these were in the first couple of months after the legislation change. Of those five applications, four were approved and one was withdrawn as new police charges against the prisoner meant the applicant was no longer eligible for consideration. The sixth application relates to Jade.

In acknowledging that Jade is a transgender prisoner, staff have regularly liaised with Jade since her arrival in prison regarding any health and safety concerns she may have, I can assure you that decisions made regarding Jade’s placement have been done with her wellbeing and safety being of paramount concern.

Thank you for taking the time to write to me, and for bringing this matter to my attention.

Yours sincerely

[Lotu-Iiga’s signature]

Hon Peseta Sam Lotu-Iiga
Minister of Corrections”]