Idaho

STATE

Policy: Idaho Department of Correction Standard Operating Procedure Control No. 149.01.01.001 (v.6), Prison Rape Elimination, adopted Aug. 17, 2004, approved Jan. 21, 2021.

6. Placement of Lesbian, Gay, Bisexual, Transgender, and Intersex (LGBTI) Residents
The department does not place lesbian, gay, bisexual, transgender, or intersex residents in dedicated facilities, units, or wings solely based on such identification or status. The IDOC considers the management and placement of transgender or intersex residents on a case by case basis. Health and safety, operational management, security, and mental health needs are considered. Serious consideration is given to the resident’s own views regarding safety.

Policy: Idaho Department of Correction Standard Operating Procedure Control Number 149.01.01.002, Prison Rape Elimination Screening and Cautions, adopted July 12, 2021, approved July 12, 2021.

b. Security supervisors will assign staff to complete six-month checks on transgender, intersex, and gender non-conforming residents to ensure they feel safe in their housing and have programming access. If safety or placement concerns emerge, the security supervisor shall conduct a housing review. Case Managers shall follow-up on programming concerns. The six-month checks are documented in C-notes.

Policy: Idaho Department of Correction Standard Operating Procedures Control No. 401.06.03.501 (v. 4.0), Gender Dysphoria: Healthcare for Inmates with, adopted Oct. 31, 2002, approved Oct. 5, 2018.

2. Referral and Placement of the Inmate for Evaluation Purposes
The chief psychologist will take the necessary action to transfer an inmate who is scheduled to be evaluated for GD to the appropriate facility for evaluation if a move is needed. When determining appropriate placement, the chief psychologist will consider factors such as the inmate’s diagnostic needs, prior institutional adjustment, and safety and/or security concerns. In consultation with the warden, unless there are overriding security and/or safety concerns for the inmate, the chief psychologist will place the inmate (who either requests a GD evaluation or is diagnosed with GD) in a correctional facility consistent with the inmate’s primary physical sexual characteristics.
. . .
6. Management and Treatment Committee (MTC) Meeting
When convened, the MTC will develop and recommend a plan for the management and placement of the inmate. Copies of all reports authored by the evaluators will be provided to the MTC. The MTC will develop and recommend an individualized Management and Placement Plan for each inmate diagnosed with GD, which implements the treatment plan developed by the treating medical and mental health providers…Management and placement recommendations for inmates with GD will take into account both treatment and security needs, with a goal of least restrictive placement. As provided in section 2, facility placement will be based upon the inmate’s primary physical sexual characteristics.

Policy: Idaho Department of Juvenile Corrections Institutional Policy/Procedure Number 613, Prison Rape Elimination Act (PREA) Compliance, effective Jan. 30, 2009, reviewed Nov. 8, 2021.

A. Placement

1. LGBTIQ juveniles are not placed in a particular housing unit, bed or other placement based solely on the juvenile’s LGBTIQ status, or perceived status.
2. The IDJC shall not consider a juvenile’s LGBTIQ status, or perceived status, as an indicator or likelihood of being sexually abusive.
3. Transgender and Intersex Juveniles

a. Placement and programming assignments for transgender or intersex juveniles are reassessed at least every six months to review any threats to safety experienced by the juvenile.
b. When making a placement decision, placement staff consider whether a transgender or intersex juvenile would prefer to be placed with males or females and the reason for that preference, with the final decision for placement being made by the Clinical Supervisor and/or Program Manager.
LGBTI and questioning juveniles will not be isolated or otherwise separated from other juveniles solely due to LGBTI or questioning status.

LOCAL

Canyon County

Policy: Canyon County Sheriff’s Office Prison Rape Elimination Act, 2014, revised July 2021.

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 agency 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.

Staff shall use all information obtained to make housing, bed, program, education, and work assignments for inmates with the objective of keeping all inmates safe and free from sexual abuse.

Lesbian, gay, bisexual, transgender, or intersex inmates shall not be placed in particular housing, bed, or other assignments solely on the basis of such identification or status.

In making other housing and programming assignments, the agency 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.

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.

A transgender or intersex inmate’s own views with respect to his or her own safety shall be given serious consideration when considering changing housing assignments.

Transgender and intersex inmates shall be provided with the opportunity to shower separately from other inmates.