Evaluation
Persons in our care (PIOC) may self-identify as transgender or intersex at intake or at any other
time during an incarceration. If a PIOC notifies staff of transgender or intersex status, staff shall
notify the Psychological Services Unit (PSU) supervisor of the status who will then notify facility
BOCM staff.
Diagnosis
For PIOC who self-identify as transgender, PSU staff, psychiatry staff or a GD consultant may
additionally assign a clinical diagnosis of GD, based upon DSM-5 criteria. Not all transgender
PIOC will need medical or psychological care that pertains to gender issues. The PIOC who
require this care will generally have a clinical diagnosis of GD.
Medicalization
Patients diagnosed with GD shall have access to clinically appropriate treatment options that may include:
psychological treatment that addresses ambivalence and/or dysphoria regarding gender and assists in better adjustment to incarceration, appropriate psychiatric care, hormonal or surgical treatment, or other treatment determined to be medically necessary.
Requirements for Transfer to Women’s Facility
Facility and housing assignments shall be made on a case by case basis, considering the PIOC’s health and safety as well as potential programming, management and security concerns. A PIOC’s own views regarding safety shall be given careful consideration.
PIOC shall submit a written request to the PSU Supervisor/designee to be considered for placement at a DOC facility that is consistent with their gender identity. The PSU Supervisor/designee shall complete DOC-3793 and submit to the Mental Health Director for review by the Transgender Housing Committee. The following guidelines shall be considered:
1. A cross-gender identity has been clearly established for at least 2 years.
2. There have been significant steps towards a cross-gender transition. In most cases this would include at least one year of hormone treatment.
3. Length of incarceration in a DOC facility has been sufficient to determine overall adjustment, in most cases at least 6 months. Successful previous placement in a DOC facility consistent with gender identity, or consistent and verified lived experience in the role of the desired gender while in the community may accelerate this time frame. Intake sites shall develop this process in Facility Procedure.
4. Anticipated time to release is at least 6 months.
5. Institutional adjustment at correctional facilities has been positive, considering major conduct reports, especially Offenses Against Bodily Security.
6. Criminal history (especially sex offenses or assaultive history) does not indicate a significant current risk to individuals at the receiving site, considering length of time that has elapsed and treatment outcomes.
7. Treatment and program needs can be met at the facility of transfer and the PIOC is not currently refusing to enroll in or complete identified primary program needs.
8. Mental health has been stable for at least 6 months.
9. The PIOC has demonstrated appropriate engagement with health care providers.
10. The PIOC has realistic expectations of the conditions of
confinement at the receiving facility and is able to work with PSU staff to anticipate possible challenges.
11. If Security Threat Group affiliations are present, they would not have a significant impact on security at the receiving facility. If a transgender or intersex PIOC is placed at a facility consistent with gender identity, the following shall apply:
A. Initial placement shall be in a single cell and reviewed on a case by case basis.
B. Initial showering shall be separate from other PIOC and reviewed on a case by case basis.
Limits based on type of crime committed?
“Criminal history (especially sex offenses or assaultive history) does not indicate a significant current risk to individuals at the receiving site” is listed as 1 of 11 guidelines to be considered if an inmate requests a transfer to a facility consistent with their self-identified gender identity.
Re-Evaluation required?
Placement and programming assignments shall be reassessed at a minimum of every six months in a reclassification hearing and shall include a review of any threats to safety experienced by the PIOC.
The PIOC may request the gender of staff members who perform personal (pat) searches and strip searches. These requests shall be accommodated except in exigent circumstances. A single preference shall apply to both pat and strip searches.
Pronoun requirements?
Division of Adult Institutions (DAI) shall use the name of the PIOC as it appears on the first Judgment of Conviction that imposes a prison sentence, unless there is a subsequent court order for a name change. If so, a new Judgment of Conviction must be issued or the court order must specifically state “change all records.” PIOC may use preferred titles (Ms., Miss, Mrs. or Mr.) and/or preferred first/middle names in correspondence, provided the legal first and last name and DOC number are provided next to the preferred names/titles and are clear and legible. When a transgender or intersex PIOC requests that staff use an alternate form of address, staff shall, at minimum, use gender-neutral forms of address (e.g. “Smith” or “Jones”). When a transgender or intersex PIOC requests, staff may, at their discretion, use preferred singular pronouns (he/she, him/her) or
preferred titles (Mr./Ms./Miss).
Merging of “transgender” and intersex categories?
Yes.
