New York Considers Bill to Fund Transition Surgeries for Transgender Inmates

New York State lawmakers are reviewing a bill that could make it the first in the nation to guarantee state-funded gender-affirming surgeries for incarcerated transgender individuals. The proposal, aimed at protecting the rights and dignity of transgender, nonbinary, and gender-nonconforming prisoners, has garnered stark criticisms from republicans.

The legislation, Senate Bill S1049 — known as the “Gender Identity Respect, Dignity and Safety Act” — is sponsored by State Senator Julia Salazar, a Democrat representing Brooklyn’s 18th District. If passed, the bill would require state correctional facilities to provide affirming medical and mental health care to inmates whose gender identity differs from the sex they were assigned at birth, including hormone therapy and gender-affirming surgeries.

“This bill is about basic human rights,” said Sen. Salazar. “Every person, regardless of their incarceration status, deserves access to medical care that aligns with their identity and protects their safety.”

As of January 2025, New York’s prison system houses 115 individuals who identify as nonbinary—meaning they do not exclusively identify as male or female. These identities are often grouped under the broader transgender umbrella, though not all nonbinary individuals consider themselves transgender.

Under the proposed law, transgender and gender-nonconforming inmates would be entitled to gender-aligned clothing, hygiene products, educational materials, and participation in programs that respect their gender identity. The bill also seeks to prohibit facilities from placing these individuals in “protective custody” against their will solely based on their gender identity.

The bill cites previous legal cases as evidence of the need for reform. In one high-profile case, Makyyla Holland, a transgender woman, sued Broome County following her six-week incarceration in 2021. She alleged she was denied hormone therapy, forced to disrobe in front of male officers, and housed with male inmates, leading to severe physical and emotional trauma. The case was settled for $160,000.

“These lawsuits are not only tragic but costly to taxpayers,” Salazar noted. “It’s more efficient and humane to prevent harm through policy than to pay for it after the fact.”

Correctional facilities in Broome, Jefferson, and Steuben counties have all faced lawsuits tied to the mistreatment of transgender inmates. Advocates say that providing affirming care and respecting inmates' identities can prevent abuse, reduce litigation, and improve safety for all inmates.

Opposition to the bill has come from some conservative and religious groups who argue against public funding for gender-affirming procedures.

The bill remains under review in the Senate Committee on Crime Victims, Crime and Correction.

New York Considers Bill to Fund Transition Surgeries for Transgender Inmates