Philadelphia Police Department Announces New Policy Guiding Treatment of Transgender and Non-Binary Individuals While in Police Custody

PHILADELPHIA — Members of the Philadelphia Police Department (PPD) joined the Office of LGBT Affairs and members of the city’s LGBTQ+ community today to announce the Department’s new, progressive policy addressing police interactions with transgender and non-binary people. The policy applies to all police interactions, whether as suspects, arrestees, victims or witnesses.

PPD’s new policy—Directive 4.15—establishes policies and procedures for police personnel during their interactions with transgender and non-binary individuals. It reflects the Department’s commitment to safeguard people’s constitutional rights and to treat all people with courtesy and dignity. The directive offers a clear guide for unbiased day-to-day interactions with transgender and non-binary people, as well as individuals who are being detained or transported. The directive also includes terminology definitions that offer language usage clarity to support respectful interactions.

Under the new policy, officers will:

• Be required to record a person’s chosen name on paperwork, in addition to legal name (if different).
• Use a person’s chosen name and pronouns when interacting with transgender people, regardless of what may be listed on their ID.
• Use a person’s chosen name and pronouns when speaking to the media about transgender people.
• Transport transgender people who are in custody to the nearest medical facility to address immediate medical needs, including hormone therapy.
• When possible, transport and house transgender people who are in custody separately from other incarcerated people.
• Ensure transgender people have the opportunity to express a preference for the gender of the officer who searches them, and honor that preference unless doing so would compromise the safety of others.

“I am proud of the work being done by the Philadelphia Police Department to ensure safe, supportive and respectful interactions with Lesbian, Gay, Bisexual, Transgender, Queer, and non-binary people in Philadelphia,” said Deputy Police Commissioner Joseph Sullivan.  “Directive 4.15 reflects that commitment. And as the Department’s LGBTQ+ liaison, I am pleased to see the employee sensitivity training and community outreach being done.”

Nationwide, transgender people experience higher rates of mistreatment, abuse and violence at the hands of law enforcement. The new PPD policy aims to provide clear instructions to personnel in order to prevent such incidents in Philadelphia.

“For too long, our transgender and non-binary siblings have faced humiliating, hurtful treatment during their interactions with law enforcement,” said Amber Hikes, Executive Director of the Office of LGBT Affairs. “This issue is not unique to Philadelphia, but I am proud that our city was among the first to address it head on—and with leadership from members of the trans, non-binary, and gender non-conforming community. Throughout this process, I have seen members of our transgender community lead these essential conversations and direct City government on major policy changes. As we close out Pride Month—a celebration made possible because of the early activism of trans people—I am overjoyed that we are able to publicly roll out this policy to ensure protections for our trans and non-binary community.”

“The new policy from the Philadelphia Police Department is the latest in a string of efforts made by Philadelphia’s law enforcement partners to better respect, accommodate and protect transgender and non-binary individuals,” said Managing Director Brian Abernathy. “I am proud of the collaboration that took place between the LGBTQ+ community, the administration and the Police Department to make this policy shift happen. By ensuring that all people—regardless of gender identity or expression—are treated with dignity and respect, we are able to further increase trust and improve relations between police and the community.”

In 2017, the Philadelphia Sheriff’s Office released its own policy regarding the transport, search and housing of transgender individuals. Inmates are processed based on the gender listed on government-issued ID, but they may fill out a “Transgender/Gender-Variant Statement of Search” form to alert the Department of their gender identity or expression, preferred name, and their preference for the gender of the officer who will search them. The information is kept private and is used to determine how officers refer to the inmate, including what pronouns are used, while in custody. Transgender males are transported with cisgender men and transgender females with cisgender women.

The Philadelphia Department of Prisons has also instituted new options for transgender inmates. Alongside the ability to be placed in general population or protective custody, transgender inmates can also be placed into a “buddy” unit, where inmates that are in need of help to complete daily living skills are housed. On this unit, inmates are able to work, participate in programs and job training, and take part in educational services. There is also the ability to opt-out of this program if so desired.

The new Philadelphia Police Department policy went into effect in March 2019 and is posted online on the Department’s website.