Evaluation
Intake screening will require a risk assessment that includes determining whether the offender is or is perceived to be gay, lesbian, bisexual, transgender, intersex, or gender nonconforming.
Diagnosis
Diagnosis of Gender Dysphoria not addressed or required for accommodation or transfer requests.
Medicalization
Not addressed in policy.
Requirements for Transfer to Women’s Facility
In deciding whether to assign a transgender or intersex offender to a facility, and in making other housing and programming assignments, the Department will consider on a case-by-case basis the placement’s effect on the offender’s safety, whether the placement would present management or security problems, and whether such placement would likely endanger the safety of other offenders. A review committee consisting of a qualified health care professional, qualified mental health professional, PREA coordinator, chief legal counsel or designee, and the Montana State Prison and Montana Women’s Prison wardens or designees will determine appropriate facility placement of transgender and intersex offenders based on their review of all relevant information.
Limits based on type of crime committed?
None identified
Re-Evaluation required?
Placement and programming assignments for each transgender or intersex offender will be reassessed at least twice each year to review any threats to safety experienced by the offender.
Pronoun requirements?
All Department employees will attend training that addresses how to communicate effectively and professionally with offenders who might be lesbian, gay, bisexual, transgender, intersex (LGBTI) or gender nonconforming
Merging of “transgender” and intersex categories?
Yes
