Arizona
STATE
2.2 Reception Centers shall process all inmates in the usual manner.
2.2.1 During the course of the intake process, all inmates shall be asked to voluntarily state gender identity, and the inmate’s response shall be documented on the appropriate Arizona Correctional Information System (ACIS) screen. No discipline shall result from failure to respond or disclose. The name and Arizona Department of Corrections, Rehabilitation and Reentry (ADCRR) number of any transgender or intersex inmate shall be submitted by the Intake staff to the Transgender/Intersex Committee.
2.2.1.1 No transgender or intersex inmates shall be moved until the Committee has completed its review and made its housing determination as set forth in this Department Order.
2.2.2 All inmates shall be screened for the risk of being sexually abused by other inmates or sexually abusive toward other inmates in accordance with Department Order #811, Individual Inmate Assessments and Reviews.
2.2.3 Inmates identified as transgender or intersex shall be asked and afforded the opportunity to voluntarily provide the following information:
2.2.3.1 The appropriate personal pronouns for their gender identity.
2.2.3.2 Their own view of how they would be most safely housed, including female versus male housing.
2.2.4 Inmates identified as transgender or intersex shall be housed in accordance with Department Order #801, Inmate Classification.
2.2.4.1 At no time will identification as transgender or intersex be the sole factor in determining placement, including placement in administrative segregation or protective housing.
2.2.5 Staff shall not search or physically examine a transgender or intersex inmate for the sole purpose of determining the inmate’s genital status. If the inmate’s genital status is unknown, it may be determined during conversations with the inmate, by reviewing Medical Records, or, if necessary, learning that information as part of a broader medical examination conducted in private by a medical practitioner. This provision does not prohibit or otherwise affect searches of inmates to ensure the safe, secure and orderly operation of the institution.
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2.5 Transgender/Intersex Committee
2.5.2 The Committee Chair or designee shall interview any inmate who identifies as transgender or intersex, and convene a meeting within seven calendar days of the inmate’s arrival.
2.5.3 The Committee shall:
2.5.3.1 Determine for those inmates who are identified as transgender or intersex housing conducive to their needs.
2.5.3.2 Consider the inmate’s own views with respect to his or her safety when determining placement and programming assignments for inmates identified as transgender or intersex.
2.5.4 When an inmate initiates a formal written request to the Committee Chair or designee regarding his/her housing assignment, this request will be addressed on a case-by-case basis by the Committee, which will determine the appropriate housing assignment.
2.5.5 Each inmate will be reviewed at least twice each year to assess their individual institutional adjustment, or sooner if requested by the inmate or in the event of any alleged incident of victimization. This reassessment will include asking the inmate whether the inmate feels safe in his/her current housing assignment review any threats to safety experienced by the inmate and equal consideration will be afforded to any concerns expressed by the inmate population with consideration of PREA and pre-incarceration trauma experienced by vulnerable populations or any concerns with the inmate population.
2.10.5.2.1 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 Department 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.
2.10.5.2.2 Placement and programming assignments for each transgender or intersex inmate shall be reassessed at least twice each year to review any threats to safety experienced by the inmate.
2.10.5.2.3 A transgender or intersex inmate’s own views with respect to his or her own safety shall be given serious consideration.
2.10.5.2.4 Lesbian, gay, bisexual, transgender, or intersex inmates shall not be placed in dedicated facilities, units, or wings solely on the basis of such identification or status, unless such placement is established in connection with a consent decree, legal settlement, or legal judgment for the purpose of protecting such inmates.
2.10.5.2.5 Transgender and intersex inmates shall be given the opportunity to shower separately from other inmates. Accommodations made shall not interfere with access to programs, privileges, education, and work opportunities to the extent possible.
2.0 Procedure
2.1 Assessments, reviews, and management of patients who identify as transgender, intersex, or gender non-conforming shall be done on a case-by-case basis, in a respectful manner, and in consideration of individual circumstances, including but not limited to current physical sexual characteristics, gender identification, physical presentation, behavior, and programming needs.
2.2 Identification – the identification can occur at the Reception Center or at any time during their incarceration. Information may be provided by the patient, a county jail, or other relevant collateral sources.
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2.3 Assessment – the mental health clinician shall conduct a clinical interview in order to assess and determine identification of transgender, intersex, and gender dysphoria that are present and may require intervention.
2.3.1 Any identified housing concerns shall be relayed to the Transgender Committee as identified in DO 801.
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2.4 Housing – facility and housing assignments shall be made on a case-by case basis, considering the patient’s health and safety as well as potential programming, management and security concerns. A patient’s own views regarding safety shall be given careful consideration.
PROCEDURES
The Transgender Committee is a multi-disciplinary team composed of all persons listed in Department Order #810, Management of LGBTI Inmates.
1.1. The Transgender Committee shall convene and perform services in accordance with the procedures outlines in Department Order #810, Management of LGBTI Inmates.
LOCAL
Maricopa County Sheriff’s Office
F. Inmates who are transgender or those at high risk for sexual victimization shall not be placed in involuntary administrative restrictive or security restrictive housing unless an assessment of all available alternatives has been made, and a determination has been made that there is no available alternative means of separation from likely abusers as specified in Office Policy GJ-28, Prison Rape Elimination Act (PREA).
4. Inmate Housing: Individuals identified as transgender, intersex, or gender-nonconforming shall be housed in accordance with Office Policies, DF-1, Inmate Classification and DI-1, Inmate Housing Categories.
A. Individuals that identify as transgender, intersex, or gender-nonconforming shall be interviewed by the PREA Housing Committee (PHC), within three working days, and a Detention Housing Plan shall be developed.
B. All decisions determining where transgender, intersex, or gender- nonconforming individuals will be housed, must be made on a case-by-case basis by the PHC. Transgender, intersex, or gender nonconforming individuals must be assessed individually to determine whether they should be housed with women or men. Classification and placement of transgender, intersex, or gender nonconforming individuals shall not be determined solely based on the individual’s sex at birth, identity documents, or physical anatomy. A transgender, intersex, or gender nonconforming individual’s gender identity and personal safety should also be considered when determining their housing location.
B. An inmate’s own view with respect to their own safety shall be given serious consideration. Placement and programming assignments for each transgender, intersex, or gender-nonconforming inmate shall be reassessed at least twice each year to review any threats against the inmate, and to review the inmate’s overall safety.
1. Inmates who identify as transgender, intersex, or gender-nonconforming shall be reviewed by the PREA Housing Committee (PHC) and a detention housing plan shall be developed.
2. Decisions determining where transgender, intersex, or gender-nonconforming inmates will be housed shall be made on a case-by-case basis by the PHC. Transgender, intersex, or gender-nonconforming inmates must be assessed individually to determine whether they should be housed with males or females. Inmate classification and placement of transgender, intersex, or gender-nonconforming inmates shall not be determined solely based on the inmate’s sex assignment at birth, identity documents, or physical anatomy. A transgender, intersex, or gender-nonconforming inmate’s gender identity and personal safety should be considered when deciding their housing location.
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C. The Office shall not place lesbian, gay, bisexual, transgender, questioning, intersex (LGBTQI+), or gender-nonconforming inmates in dedicated facilities, housing units, pods, or dorms solely on the basis of their identification or status, unless placement is in a dedicated Office jail facility, housing unit, pod, or dorm established in connection with a consent decree, legal settlement, or legal judgment for the purpose of protecting identified inmates.