May 25, 2005 9:06 pm US/Eastern
Sex Changes Behind Bars
Joe Bergantino
(WBZ)
Hard core criminals in our state prisons. You pay for their food, clothing and general medical care. Now, you may end up paying for their sex change surgery. I-Team reporter Joe Bergantino investigates what critics are calling a massive waste of taxpayer dollars.
Kenneth Catheena Hunt, serving a life sentence for first degree murder.
Sandy Jo Battista, child rapist, behind bars twenty-one years.
Michelle Kosilek, in prison for life for strangling his wife.
All three are violent criminals.
All three believe they are women trapped in men's bodies.
And all three want you to pay for their sex change operations.
The I-Team has learned there are twelve prisoners in our correction system who have either been diagnosed with or are being diagnosed for gender identity disorder. Four prisoners are receiving hormone treatments. So far, their medical care and lawsuits have cost you tens of thousands of dollars. Sex changes for all of them would cost you at least a quarter of a million dollars.
Taxpayer advocate Barbara Anderson.
Barbara Anderson, Citizens for Limited Taxation: "What bothers me about that? What doesn't bother me about that? I can't even imagine seriously considering this. Never mind doing this. Never mind paying for it."
So why is state funding for prisoner sex changes-something insurance companies won't pay for even a possibility?
Blame it on the federal court. That's where Michelle, once Robert, Kosilek took her case.
Before Kosilek sued, the state's policy was this: Individuals receiving hormone treatment before imprisonment could continue it behind bars but no sex change operations allowed.
But two years ago, Judge Mark Wolf handed down this decision saying Kosilek has a "rare, medically recognized, major mental illness" and that the state must follow doctors prescribed treatment.
Correction Commissioner Kathleen Dennehy.
Kathleen Dennehy, DOC Commissioner: "The courts are telling us that medical professionals make medical recommendations and correctional administrators assess the safety and security concerns."
Now, a doctor hired by the state is recommending that Kosilek, who has twice attempted suicide, undergo a sex change operation as treatment for her disorder.
If the state refuses to do it, Kosilek will ask the federal court to order the surgery, at your expense.
Senator Scott Brown: "I think it's unconscionable that the Commonwealth of Massachusetts and the citizens of the Commonwealth would have to pay for any type of elective sex change operations for any prisoners."
But is sex change surgery elective?
Most doctors and psychotherapists, include Diane Ellaborn, say in some cases it's medically necessary.
Joe Bergantino: "What are the consequences for these men if the state says forget about it, you're on your own, live with it, get over it?"
Diane Ellaborn: "I think the psychological consequences are severe. I think people have severe depression, severe anxiety. These could be highly suicidal prisoners usually and also prisoners that are at very high risk for self mutilation."
Denise Leclair, who once was a man, heads up the International Foundation for Gender Education.
Denise Leclair: "We should rely on what doctors say the proper course of treatment is, not subject people's medical treatment to popular vote. That seems grossly unfair."
Because of our investigation, Senator Scott Brown has filed legislation prohibiting the state from paying for prisoner sex changes.
Senator Scott Brown: "When you go to prison, you lose some rights. You also lose your rights to get a sex change operation."
Later this week, the state will tell the federal court that sex surgery for Michelle Kosilek would result in a security nightmare. When that happens, expect Kosilek to pursue her lawsuit. Then a federal judge will eventually decide whether you will pay the bill for Kosilek's operation and beyond that, sex surgeries for other convicts serving times for horrendous crimes.
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