Evaluation
During intake and the initial classification screening and when determining whether inmates are transgender or gender non-conforming, the following shall be taken into consideration: a. Inmate appearance and behavior and whether or not it matches the gender; b. marker on the inmate’s arresting paperwork or identification materials; c. Self-Reporting from the inmate; d. Inmate’s past history, if known; e. Any alerts from the transporting agency. Other documentation that may be available to intake and classification staff upon initial screening to include: a. Gender identity, b. Gender marker on identification documents, c. Social gender role in the community prior to incarceration (i.e. wasthe person living dailylife as a man or woman), d. Any past diagnosis or treatment for Gender Dysphoria, e. The inmate’s views regarding the safest placement option, f. An assessment by medical and mental health staff of the potential health, impact of placement in a male or female setting (e.g. on PTSD or Gender Dysphoria).
Diagnosis
Not extensively mentioned in terms of diagnosis the mental health disorder of GD in evaluation of whether inmate is Transgender, Intersex, or Gender Non-conforming.
Medicalization
Not mentioned in terms of how they medically treat such inmates.
Requirements for Transfer to Women’s Facility
The inmate should be temporarily housed in a single cell, for his or her own protection, and the paperwork be immediately and confidentially forwarded to The Cabinet Secretary or Director of Adult Prisons. If the intake process and classification has determined that an inmate is transgender, intersex, or gender non-conforming they will contact the Director of Adult Prisons in a confidential manner for further assessment in placing the inmate within seventy-two (72) hours of intake. The Cabinet Secretary or Director of Adult Prisons will assign a Transgender Advisory Group. The group will take into consideration the needs, vulnerability and safety of the inmate as well as the safety of the current population at the receiving facility. In deciding whether to assign a transgender or intersex inmate to a facility for male or female inmates, and in making other housing and programming assignments, the Transgender Advisory Group shall consider on a case-by-case basis whether a placement would ensure the inmate’s health and safety, and whether the placement would present management or security problems. A transgender or intersex inmate’s own views with respect to his or her own safety shall be given serious consideration. If needed, the Transgender Advisory Group may consult with an identified member of the Transgender Resource Center of New Mexico who is knowledgeable with the issues surrounding transgender and gender nonconforming people to advise on appropriate housing to the classification officer and/or the programs and services needed by the individual.
Limits based on type of crime committed?
The Transgender Advisory Group will also take into account the inmate’s
a. Severity of Current Conviction
b. Escape History
c. Prior Felony Convictions
d. Gang/Membership/Activities in past 10 years
e. Alcohol/Drug Abuse
Re-Evaluation required?
If needed, the Transgender Advisory Group may consult with an identified member of the Transgender Resource Center of New Mexico who is knowledgeable with the issues surrounding transgender and gender nonconforming people to advise on appropriate housing to the classification officer and/or the programs and services needed by the individual. The Transgender Advisory Group will make decisions based on majority within fourteen (14) days of the inmate’s intake date. The decisions made are for advisory only and can be overridden, changed, or enhanced by the The Cabinet Secretary or Director of Adult Prisons at any time during the process.
Pronoun requirements?
The inmate may choose to fill out a Transgender Preference Form documenting the individual’s preferred pronoun and name. The form will be retained in the inmate’s file in the classification section.
Merging of “transgender” and intersex categories?
Yes
