Colorado
STATE
IV. Procedures
Section C. Employee, Contract Worker, and Volunteer Training
1. PREA training will be provided to all employees during the basic training academy. Contract workers, temporary staff, and interns will receive the training through an on-line training system. Volunteers and chaplains will receive the training in the Basic Volunteer Training. All staff will take a refresher course on an annual basis thereafter. Training will include, but is not limited to (115.31(a) 115.231(a), 115.35 (d),115.235(d)):
i. Employees will be trained in how to conduct a universal pat search which includes searches of transgender and intersex offenders. (115.15(f), 115.215(f)).
Section D. Offender Screening
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4. The living unit supervisor, case manager, CO III or equivalent for DOC and private prisons will re-assess the offender’s risk level annually and update the SAB/SVR assessment. Transgender and intersex offenders will be re-assessed every six months using the SVR assessment to review placement and programming assignments to review any threats to safety experienced by the offender (115.42(d)) (115.42(d)) The screening will be in person and conducted in a private location.
a. Living unit supervisor, case manager, CO III or equivalent will meet individually with offenders who identify as transgender or intersex at least every six months. The meeting is to review placement and programming assignments and review any threats to safety experienced by the offender. In addition, living unit supervisor or CO III or equivalent will inquire about the offender’s opportunity to shower separately from other offenders. (115.42(f)) Information from the meetings will be thoroughly documented in the offender’s SVR assessment notes and include the questions asked as well as the offenders’ responses.
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7. If an offender is suspected of being a potential sexual victim or potentially sexually aggressive at any time during their incarceration; is convicted of a Code of Penal Discipline (COPD) for Rape or Sexual Misconduct/Sexual Harassment; or if the offender is involved in an incident of sexual assault/rape, sexual abuse, sexual harassment or sexual misconduct during their incarceration, an SAB/SVR re-assessment in person and in a private location will be completed to determine the appropriate risk level and the following will occur:
a. When an offender is identified as the victim in an incident of sexual assault/rape, sexual abuse or sexual harassment, the living unit supervisor, case manager, CO III or equivalent, or the PREA program analyst will update the offender’s SVR assessment. If the victim is self-identified as transgender or intersex, the PREA Program Analyst will not make the update but will send the information to the PREA Compliance Manager to have the facility conduct an in-person assessment with the victim.
Section E. Offender Placement
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3. Employees will use information from the SAB/SVR assessments to determine housing, bed, work, education, and program assignments with the goal of keeping separate those offenders at high risk of being sexually victimized from those at high risk of being sexually aggressive (115.42(a), 115.242(a)).
d. In making facility, cell/unit housing and programmatic assignments for transgender or intersex offenders the DOC will consider on a case-by-case basis whether the assignment would ensure the offender’s health and safety, and whether the assignment would present management or security problems (115.42(c), 115.242(c)).
1) A transgender or intersex offender’s own views with respect to their own safety will be given serious consideration (115.42(e), 115.242(d)). A transgender or intersex offender can notify living unit staff of any safety issues verbally or in writing. Living unit staff will notify the PREA Compliance Manager so that the offender’s safety issues can be addressed.
2) Self-identified transgender and intersex offenders will be given the opportunity to request waterproof stall screens, if available, or the opportunity to shower separately from other offenders (115.42(f), 115.242(e)).
3) DOC will not place lesbian, gay, bisexual, transgender, or intersex offenders in dedicated facilities, units, or wings solely on the basis of such identification or status, unless such placement is in a dedicated facility, unit, or wing established in connection with a consent decree, legal settlement, or legal judgment for the purpose of protecting such offenders. (115.42(g), 115.242(f))
4) The facility will not search or physically examine a transgender or intersex offender for the sole purpose of determining the offender’s genital status. If the offender’s genital 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 in private by a medical practitioner (115.15(e), 115.215(e)).
5) An offender that identifies as transgender or intersex, may request to be strip searched and pat searched by an employee of the gender the offender identifies with. The request will be honored if an employee of the designated gender is available and willing to conduct the search, unless exigent circumstances dictate the need for an immediate search by available personnel. If the requested gender is not available or willing to conduct the search, an incident report shall be written in PCDCIS.
6) Offenders will be placed in facilities based upon collaboration between the Gender Dysphoria Management and Treatment Committee, the health services administrator, and the office of Offender Services on a case-by-case basis.
7) A transgender or intersex offender may submit health issues in writing to the Gender Dysphoria Management and Treatment Committee to address individual circumstances in accordance with AR 700-14, Practices Concerning Transgender Offenders, Clinical Standards and Procedures, Treatment of Offenders with Gender Dysphoria.
A. Gender Dysphoria Treatment Committee: This committee will be established and maintained by Clinical Services. The purpose of the Gender Dysphoria Treatment Committee is to make individualized recommendations about Transgender Offenders’ clinical treatment, privacy, housing and programming assignments in collaboration with mental health, medical and operations staff. Those recommendations will consider whether placement or accommodation in a facility designated for the offender’s identified gender or for he offender’s gender assigned at birth could potentially present management or security problems in order to ensure the transgender offender’s safety.
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B. Multidisciplinary Staffing Review: A case-by-case review process used to determine whether a transgender offender will be assigned to a facility consistent with their self-identified gender or gender assigned at birth. The review will occur when the offender enters the Department as an intake or when the Gender Dysphoria Committee refers the Transgender Offender for review. The review will involve a collaboration between the health services administrator(s) (HSA), the office of Offender Services, PREA coordinator(s), facility warden(s) and the Gender Dysphoria Committee
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A. The DOC will ensure that staff effectively interact professionally and respectfully toward transgender and intersex offenders. This population may require a more non-traditional approach to best satisfy their housing, security, programming and other needs.
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C. When a new arrival offender self-identifies with a gender other than the one that was assigned at birth or the offender’s genital status is unknown, a health care provider will determine at intake whether the offender shall be categorized as a transgender offender for purposes of this policy. The determination will be made by reviewing available medical records or, if necessary, as part of a broader medical examination conducted in private by a health care provider (115.15(e), 115.215(e)). DOC employees will not search or physically examine a transgender offender for the sole purpose of determining the offender’s genital status (115.15(e), (15.215(e)).
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A. Facility / Housing Assignment
1. In making facility, cell/unit housing and programmatic assignments for transgender offenders, the DOC will consider, on a case-by-case basis, by and through a multidisciplinary staffing review, whether the assignment would ensure the offender’s health and safety, and whether the assignment would present management or security problems (115.42(c), 115.242(c)).
2. Transgender offenders may be placed into general population of their assigned gender, general population of their identified gender, or placed in a support community.
3. Transgender offenders will be screened for facility placement during the initial intake process at DRDC. Post intake placement reassessments will occur at the currently assigned facility.
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3) All offenders will be screened within 72 hours of their arrival into the reception and diagnostic facility and again upon transfer between facilities, for potential risk of sexual vulnerability or potential risk of sexually aggressive behavior utilizing the SAB and SVR Assessment in PCDCIS (28 C.F.R. §115.41(a) and 115.241(a)).
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4) Without regard to whether an offender has been categorized as a transgender offender, pursuant to IV. C., an offender who self-identifies as transgender during the intake process will be seen by a mental health clinician, intake psychiatric provider, health care provider and a diagnostic programmer (CO III or equivalent) within three business days of the intake screening process. Initial assessments will be documented on AR Form 700-14A, Gender Review Intake Evaluation and any additional mental health information will be documented on the Mental Health Appraisal Form, in the electronic health record.
a) The Gender Review Intake Evaluation Form will include an assessment of the offender’s treatment and life experiences prior to incarceration (including hormone therapy, completed or in-progress surgical interventions, real life experiences consistent with an offender’s gender identity, and/or private expressions that conform to the preferred gender and counseling). If the diagnosis of Gender Dysphoria is considered, the offender will be referred for a comprehensive evaluation by a psychiatric provider. For purposes of this determination, the Diagnostic and Statistical Manual (DSM) diagnosis of Gender Dysphoria will not solely be used in the recommendation as this determination requires a more comprehensive evaluation, unless the diagnosis has been made previously by an outside consultant.
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5) Once the Gender Dysphoria Treatment Committee has completed its review, a multidisciplinary staffing will be conducted within 3 business days of the offender’s arrival to determine whether a transgender offender will be assigned to a facility consistent with their self-identified gender or gender assigned at birth for final placement.
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1) Transgender offenders who have been assigned to a facility pursuant to the Intake Screening or Post Intake Screening process, will be re-assessed by the mental health clinician, primary health care provider and the living unit supervisor (CO III or equivalent) every six months using AR Form 700-14C, Gender Review Reassessment Form to review housing arrangements, program and work assignments and any threats to safety experienced by the offender. AR Form 700-14C, Gender Review Reassessment Form will be sent to the Gender Dysphoria Treatment Committee for review. The Gender Dysphoria Treatment Committee will then determine what cases are forwarded to the multidisciplinary staffing team for review. The multidisciplinary team will complete AR Form 700-14D, Gender Review Checklist for every offender reviewed.
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5. Offenders being screened for facility placement will be reviewed by a multi-disciplinary team. This team will review the completed AR Form 700-14A, Gender Review Intake Evaluation Form or AR Form 700-14B, Post Intake Gender Evaluation Form or AR Form 700-14C, Gender Review Reassessment, the mental health appraisal, psychiatric evaluation and the medical exam. The Multidisciplinary Staffing Review will consider various factors, including but not limited to:
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- Health and safety of the transgender offender to assist with mitigating risk to the transgender offender, to include but not limited to; cell and/or unit assignments, application of management variables and programming requirements.
- Whether placement would threaten the management and security of the institution and/or pose a risk to other offenders in the facility (violent conviction, violent assault, sexual conviction).
- Behavioral history and overall demeanor.
- Physical attributes of the transgender offender transferring (feminizing or masculinizing with noticeable
- results).
- Prior surgical procedures (initiated or completed).
- Adjustment to incarceration including the gender they adopted while incarcerated.
- Preference for assignment of gender facility. . .
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7. . . . Upon consideration of all relevant factors the DOC will make a recommendation with respect to whether a transgender offender will be assigned to a facility consistent with their self-identified gender or gender assigned at birth and will document that recommendation in AR Form 700-14D, Gender Review Checklist.
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9. Transgender offenders will be housed in the least restrictive environment; while providing safety, security, and meeting the individual’s medical or mental health needs.
10. A transgender offender’s own views with respect to their own safety will be given serious consideration (115.42(e), 115.242(d)). A transgender offender can notify living unit staff of any safety issues verbally or in writing. Living unit staff will notify the facility PREA coordinator so that the offender’s safety issues can be addressed.
11. DOC will not place lesbian, gay, bisexual, transgender, or intersex offenders in dedicated facilities, units, or wings solely on the basis of such identification or status, unless such placement is in a dedicated facility, unit, or wing established in connection with a consent decree, legal settlement, or legal judgment for the purpose of protecting such offenders (115.42(g), 115.242(f)).
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13. Transgender offenders may request to be housed in a facility of their self-identified gender or an offender support community.
14. Transgender offenders who have been recommended for placement into a facility of their self-identified gender will be required to review and sign AR Form 700-14E, Preferred Gender Facility Assignment Agreement.
LOCAL
Denver, CO
G. Gender Identity Review Board
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6. Decisions about where a transgender or gender non-conforming person is housed must be made on a case-by-case basis. Housing decisions will not be made solely based upon the person’s anatomy or gender assigned at birth.
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8. If needed, the Review Board may consult with an identified member of the gay, lesbian, bisexual and transgender (GLBT) or allied community who is knowledgeable with the issues surrounding transgender and gender non-conforming people to assist in forming and making a recommendation for housing to the Classification Unit and/or programs and services needed by the individual.
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H. Long-term Housing and Classification:
3. Classification and placement of transgender or gender non-conforming persons shall not be determined solely based on their birth sex, identity documents, or physical anatomy. Classification and placement of transgender or gender non-conforming individuals should be made to maximize the health and safety of the individual and be based upon a determination of whether the placement would present management or security problems.
4. Transgender or gender non-conforming persons must be housed safely and in the least restrictive setting possible. Consideration shall be given on a case-by-case basis whether a placement would ensure their health and safety and whether the placement would present management or security problems.
a. Additional safety precautions may include (but are not limited to) access to private showers, single cells, etc., and will be offered if and when available.
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c. Requests from a transgender or gender non-conforming individual to be placed in the same cell with another transgender or gender non-conforming person should be honored when possible.
c. The transgender or gender non-conforming person’s own views with respect to safety shall be given serious consideration in placement and programming assignments. <PREA […]115.42(e)>
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5. Classification staff shall document in the jail management system (JMS) the choices and reasons regarding housing and additional safety precautions for all transgender/gender non-conforming persons.
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8. Transgender/gender non-conforming persons who are placed in administrative segregation or other special management housing for their safety shall have the same access to the provisions of services and programs as any other person housed in a DSD facility. Additionally, as noted above, the reason for placing the individual into administrative segregation must be clearly documented and reviewed at least every thirty (30) days to determine whether a continuing need exists for separation from the general population. Medical staff shall be informed any time a transgender or gender non-conforming individual is place in administrative segregation or other special management housing. <ACA 4 ALDF: 2A-45> <J-E-09>
9. Transgender or gender non-conforming persons shall have the right to request that their housing assignment be re-evaluated.
10. Placement and programming assignments for each transgender or gender non-conforming individual shall be reassessed every six months from initial intake, or at least two (2) times per year, to consider changed circumstances, including a review of any threats to safety they have experienced. <PREA […]115.42(d)>