Evaluation
If an inmate is received by the Department of Corrections (DOC) through intake and DOC staff are made aware through the receiving process or if at any time during incarceration an offender identifies as a transgender male or transgender female or is an offender who is intersex, DOC staff shall immediately notify the Shift Supervisor and institutional PREA Compliance Manager. As soon as possible after being notified the institutional PREA Compliance Manager shall notify medical staff, mental health staff, the Warden and the agency PREA Coordinator.
Diagnosis
All offenders, to include those who self-identify or screen on the PREA Risk Screening as transgender or intersex, shall be referred to medical for a review of needs within fourteen (14) days of arrival at their assigned facility or of their identification if made at another time during their incarceration. Medical and mental health practitioners shall document whether an offender has identified as transgender or intersex after a medical assessment and mental health evaluation.
Medicalization
DOC shall provide transgender and intersex offenders with individualized assessments and care, to include necessary and appropriate mental health services and, when warranted, hormone treatment and surgery throughout their incarceration. These treatments require evaluation by psychologist and psychiatrist, along with official diagnosis of GD. For hormone treatments, referral will be made to an endocrinologist, who will make the final determination on whether or not hormone treatment is appropriate. For transgender specific surgery, the inmate shall be referred for review by the TLOC committee. If TLOC agrees that the inmate meets the criteria, the inmate shall be referred for review by a separate Administrative Review Team who will make the final determination.
Requirements for Transfer to Women’s Facility
An assessment to determine the facility a transgender or intersex inmate shall be made on a case-by-case basis by the Therapeutic Level of Care (TLOC) committee. The assessment shall consider the following:
The offender’s documented choice of whether a male or female facility is safest for him or her;
The inmate’s physical characteristics;
Whether the inmate identified as male or female;
The offender’s prior institutional history;
The offender’s prior violent or sexual crime history;
The offender’s physical appearance, age, and physical build;
Any relevant information obtained about the offender from security, medical or mental health staff since arrival;
The ability of security staff to house and supervise the offender to ensure his or her safety;
Any management problems that can be identified in each facility;
Any other relevant information
If TLOC recommends transfer, the recommendation shall be referred for review by a separate Administrative Review Team. The Administrative Review Team shall make the final determination on transfer.
Limits based on type of crime committed?
Mentioned as an evaluation factor of the assessment made by TLOC committee
Re-Evaluation required?
All offenders who self-identify as transgender or intersex, shall be reviewed by the TLOC twice per year at approximately six (6) month intervals. This review shall include placement, pronoun preference, and any issues with mental health or general safety.
Pronoun requirements?
Staff shall refer to transgender offenders by their legal last name and shall use the pronoun the offender prefers to address him or her.
Merging of “transgender” and intersex categories?
Yes
