Arkansas
We were unable to obtain state-specific policies related to housing transgender inmates. However, on October 27, 2022, in response to a public records request for such policies the Arkansas Department of Correction directed us to the Arkansas Department of Corrections Secretarial Directive No. 2021-05, Prison Rape Elimination Act (PREA), effective date April 20, 2021. The Department also provided a copy of the Arkansas Department of Corrections Administrative Directive No. 14-19, Gender Dysphoria and Intersex Inmates, effective April 11, 2014. Neither directive explicitly discusses housing transgender inmates who do not have a Gender Dysphoria diagnosis.
G. Screening for Risk of Victimization and/or Abusiveness
In order to reduce the likelihood of Sexual Abuse while an Offender is in DOC custody, the DOC will take the following into account when assigning housing and jobs for every Offender, upon Intake, during Classification, or in any special circumstances:
1. All Offenders will be assessed at intake to determine whether they meet specific criteria indicating either likelihood of Victimization or predatory behavior. This requires the use of the appropriate screening tool by trained personnel.
2. This screening will be conducted within seventy-two (72) hours of the Offender’s arrival at the DOC.
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5. Offenders at high risk for sexual victimization shall not be placed in involuntary segregated 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. If a facility cannot conduct such an assessment immediately, the facility may hold the Offender in involuntary segregated housing for no more than 24 hours while completing the assessment.
Note: The appropriate Deputy or Duty Director will be immediately notified whenever an Offender is placed in involuntary segregated housing under these circumstances.
6. Offenders placed in segregated housing for this purpose shall have access to programs, privileges, education, and work opportunities to the extent possible.
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f. The DOC shall not search or physically examine a transgender or intersex Offender for the sole purpose of determining the Offender’s gender status. If the Offender’s gender status is unknown, it may be determined during conversations with the Offender, by reviewing medical records, or, if necessary, by learning that information as part of a broader medical examination conducted by a medical practitioner in a setting designated for medical examinations.
I. POLICY:
It is the policy of the Department to provide the appropriate treatment to inmates meeting the criteria for the current Diagnostic Statistical Manual (DSM) diagnosis of Gender Dysphoria.
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The Gender Dysphoria Management and Treatment (GDMT) Committee is responsible for determining the appropriate treatment referrals for identified GD and Intersex inmates.
V. HOUSING:
A. Housing placement of diagnosed GD or Intersex inmates will be made on a case-by-case basis taking into consideration the inmate’s health and safety and whether the placement would present management or security problems, giving serious consideration to the inmate’s own views regarding his or her own safety. Both GD and Intersex inmates shall be given the opportunity to shower separately from other inmates.
B. GD and Intersex inmates shall not be housed in dedicated facilities, units or wings of any Unit within ADC on the basis of such identification or status. The Department shall insure that these inmates have the same access to programming, recreation, and other activities as other inmates.