Once they become wards of the state, they are legally under the protection of the state.
Anything that happens to a prisoner during their stay is the responsibility of the state and facility in which they are housed.
It is a sad state of affairs that our jails, prisons, work farms and hospices are filled to the brim, under staffed and dealing with a system and public that turn a blind eye to what is happening within their walls. Guards face burnout, fatigue, and corruptive influence. In many facilities it is actually the gangs who are actually keeping things under control and wardens have to negotiate for concessions. How sad is that?
I agree, that post op or nearly op T's should be incarcerated in facilities based on their new gender. Everyone else.. no. I know I am going to get a lot of flack for this one, but it is more a problem of facilities management and until we begin creating "other" wings within existing facilities or farm out the housing of T prisoners to a single facility, we have to face reality.
Believe me.. there is stigma on a post op in a women's facility, with the possibility of violence, murder, rape by device, and more. Female prisoners aren't just sweet little grandmas waiting to bake cookies. A pre op or other would require just as much special treatment and housing as in a male facility..
And here is another conundrum for you lawyer types: What about our brothers? Should they be sent to the meat-grinder that is a federal facility as accessory if they just happened to be in the car, even if they aren't post op?
Nearly all prisoners are released back into society.. Until we have a "put em in a hole and leave them till they rott" system (God forbid.) Do we really want to have someone so totally damaged by the system, even for a minor crime in a county lock-up that their only recourse is to turn their backs on civilized living?
And remember people; In some states, just being who we are is a crime.
Sorry for the rant.. I will bow out for a while and just listen..