Evaluation
Each Prison will have a Facility Transgender Accommodation Review Committee (TARC) that will make routine accommodation determinations based on clinical evaluations, historical documents, and offender interviews. The Facility TARC will review all cases for compliance w/ PREA standards. Transgender offenders may be identified and referred to the Facility TARC during processing, upon transfer to a prison, or at any time during their incarceration. If a transgender offender is NOT requesting accommodation, the Facility TARC may review safety and security considerations only. A transgender offender who requests accommodation related to their gender identity will receive evaluations from medical and behavioral health providers.
Diagnosis
A diagnosis of Gender Dysphoria is not required for an offender to be considered for accommodation.
Medicalization
If immediately prior to incarceration hormone therapy was prescribed by a licensed provider, it will be continued unless clinically contraindicated. For those offenders reporting the use of hormone therapy prior to incarceration, but without an active prescription, a decision regarding initiating or continuing hormone therapy will be considered on a case by case basis. All cases being considered for initiation of hormone treatment will be referred through the Division utilization review process for endocrinology consultation. All requests for surgical intervention shall be reviewed by the Division TARC with recommendations referred to the Assistant Commissioner of Prisons and Director of Health & Wellness Services for review and determination.
Requirements for Transfer to Women’s Facility
All requests for gender-identity-consistent facility transfer shall be reviewed by the Division TARC with
recommendations referred to the Assistant Commissioner of Prisons and Director of Health & Wellness
Services for review and determination.
Limits based on type of crime committed?
No, though PREA evaluations used by the PREA rep on the Facility and Division TARC reviews shall include the offender’s sexual abuse and sexual harassment investigation history at the facility, disciplinary history for relevant offenses that relate to safety and security, and sexual orientation
status of record.
Re-Evaluation required?
Decisions to transfer an offender to a facility consistent with their gender identity are not permanent and will be continually reassessed for safety and security considerations.
Pronoun requirements?
Staff interacting with transgender offenders shall use either gender preferred or gender-neutral communication (e.g. by the legal last name or “offender” last name). Intentional misuse of gender pronouns is prohibited.
Merging of “transgender” and intersex categories?
No
