Evaluation
When an incarcerated person identifies through intake or other communication as transgender, gender diverse, intersex, or nonbinary, facility mental health staff must complete a gender identity psychological screening. Facility staff determine the preliminary placement of an individual who is transgender, gender diverse, intersex, or nonbinary upon intake screening.
Diagnosis
Process/Requirements for Diagnosis of Gender Dyspohoria not addressed. Not required for accommodation transfer requests.
Medicalization
Hormone or medical treatment may be provided to an incarcerated person after an individual assessment by facility medical staff. The individual assessment should consider the following factors to determine whether the requested treatment is clinically appropriate. Whether the incarcerated person has been diagnosed with gender dysphoria. The nature and severity of any symptoms associated with GD and any alternate methods of treatment that may be equally effective at addressing or treating the GD. The treatment and life experience of the incarcerated person prior to and during incarceration. Whether the incarcerated person is willing to participate in mental health therapy. Available continuity of care upon the individual’s release. Whether there are any medical and/or mental health conditions that may create undue risk of adverse health consequences.
Requirements for Transfer to Women’s Facility
In deciding whether to assign a person who is transgender, gender diverse, intersex, or nonbinary to a facility for men or women, the department must consider on a case-by-case basis whether a placement would ensure the person’s health and safety, and whether the placement of would present facility security problems. The agency gender identity committee makes recommendations to the deputy commissioner of the facility safety and security division regarding facility placement. A transfer request to a facility matching an incarcerated person’s gender identity should be approved unless the agency gender identity committee or the deputy commissioner determines that such placement would pose a heightened risk of physical or sexual harm to the person or others housed in the facility, or that they person is likely to engage in sexually inappropriate behavior there.
Limits based on type of crime committed?
Criminal history and an individual’s history of perpetrating physical or sexual abuse or engaging in sexually innappropriate behavior targeted at particular people are consideration factors but no specific limitations are mentioned.
Re-Evaluation required?
Placement and programming assignments must be reassessed at least twice each year by the agency gender identity committee, with recommendations sent to the deputy commissioner of the facility safety and security division for review.
Pronoun requirements?
All staff members must refer to individuals using their preferred pronouns and honorifics.
Merging of “transgender” and intersex categories?
Yes
