Doc version for comments/feedback: https://docs.google.com/document/d/1HY6CijM-3ITKakAldJcRZAo_q72Dlde5sn_ohb0B_lE/edit?usp=sharing 

23 March 2021

Robert L. Green
Secretary of Public Safety & Correctional Services (DPSCS)
Hampton Plaza, Suite 1000
300 East Joppa Road, Towson, MD 21286 - 3020
(410) 339-5005; (410) 209-4014

Dear Secretary:

On behalf of Baltimore Safe Haven, FreeState Justice, and the undersigned organizations from across the state of Maryland and the United States, we thank you for your continued engagement with us as we collaborate to protect the rights and dignity of transgender and gender nonconforming community members. As you know, transgender, lesbian, gay, bisexual, and queer (TLGBQ) are disproportionately criminalized and disproportionately detained in carceral systems. Additionally, TLGBQ individuals are at increased risk of violence while detained. The death of Kim Wirtz while housed in a male cell, and the lack of information around her death, has heightened our community’s and our allies' concerns over the treatment and conditions of vulnerable populations while in the custody of the State. Baltimore Safe Haven advocates, the FreeState Justice legal team, and our undersigned allies, have developed a list of urgent requests as we work toward justice for the family of Kim Wirtz, for the transgender community of Maryland, and to prevent future death and harm.

1. An incident review conducted and shared with the family of Kim Wertz
Similar to Prison Rape Elimination Act (PREA) processes, we ask that DPSCS conduct an incident review that includes upper-level management and share the results with the family of Kim Wertz. This incident review should address the following key questions:
How did her death occur while in pre-trial detention?
Was her death the result of actual or perceived LGBTI status or gender identity?
What was the decision-making process or protocol that informed her housing in a male cell?

2. TLGBQ Policy Disclosure & Review
We ask the Maryland Department of Public Safety and Correctional Services (DPSCS), specifically Secretary Robert L. Green, to share its current policy on the detention of TLGBQ and gender diverse individuals, as well as conduct a review of their policies’ implementation and enforcement. Specifically, some key items we want to center in the policy disclosure and review include:
Gender presentation and input from the detainee are key factors in determining where to house trans and gender nonconforming folks.
Clarification and guidelines on the utilization of identity documents in making housing/program decisions. As we know, low-income trans folks face significant barriers in changing their name or gender marker and it is a multi-step, asymmetrical process.
Mechanism(s) exist that can trigger regular and individualized assessments for the placement and program assignments of transgender and intersex individuals, including input of the detainee in that process
The involvement of trans folks with direct experience of detainment and incarceration in the policy's review and formulation of policy changes.

3. DPSCS Transgender Liaison and a Transgender Advisory Committee
We request DPSCS establish or designate a transgender liaison (or committee) to facilitate ethical and appropriate policy implementation. Additionally, we request the creation of a Transgender Advisory Committee comprising trans people from within the community, including those who have also experienced incarceration. This committee would support the DPSCS liaison by:
Ensuring open communication between DPSCS and the transgender community
Maintain a dialog on issues/problems facing the transgender community
Promote public awareness of the programs and services offered to the transgender community

The level of reform necessary to ensure the rights and prevent violence against the trans members of our community is ongoing, and will continue for many more years. The above mentioned steps are not comprehensive of the full work we need to do, but represent the first steps that must immediately occur after the death of Kim Wirtz. We hope to secure justice for Kim, her family, and her community, and ensure that transgender folks do not continue to die while in the custody of the State.

Sincerely,

Baltimore Safe Haven
FreeState Justice