Oklahoma
STATE
VII. Screening/Assessment at Reception Centers (5-ACI-3D-10)
All inmates receive a mental health screening and/or evaluation, conducted by a trained mental health professional during the initial reception and assessment process within 24 hours of arrival in accordance with OP-140114 entitled “Screening New Arrivals.”
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1. The facility shall use information from the risk screening evaluation in accordance with “Cell Assessment Form” (OP-030102, Attachment A) in order to inform staff making housing, work, education, and program assignments; with the goal of keeping those inmates who are at risk of being sexually victimized separate from those at high risk of being sexually abusive.(PREA 115.42(a), 115.81(d))
a. Each facility shall make individualized determinations about how to best ensure the safety of each inmate. (PREA 115.42(b))
b. 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 facility 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.(PREA (115.42(c), 115.242(c))
c. Placement and programming assignments for each transgender or intersex inmates shall be reassessed at least twice each year to review any threats to safety experienced by the inmate. (PREA 115.42(d))
d. A transgender or intersex inmate’s own view with respect to his or her own safety shall be given serious consideration.(PREA 115.42(e))
e. Transgender and intersex inmates shall be given the opportunity to shower separately from other inmates. (PREA 115.42(f))
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g. Management of gender nonconforming inmates will be handled in accordance with OP-140147 entitled “Determination and Management of Inmates with Gender Dysphoria.”
h. The agency shall not place lesbian, gay, bisexual, transgender, or intersex inmates 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 inmates. (PREA (115.42(g), 115.242(g))
Policy: Request for Gender Dysphoria (GD) Evaluation/Treatment Algorithm (Attachment C, attached).
II. Process for the Assessment and Determination of Gender Dysphoria
The “Request for Gender Dysphoria (GD) Evaluation/Treatment” Algorithm (Attachment C, attached) provides an outline of this process.
Inmates may self-identify as transgender, but not have gender dysphoria.
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Following diagnosis of gender dysphoria, if the inmate requests specific treatment and/or reasonable accommodations, the inmate must submit a “Request for Health Services” (DOC 140117A) form for each housing or treatment request. Housing requests will be submitted to mental health services.
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D. Housing
Housing will be in accordance with OP-030601 entitled “Oklahoma Prison Rape Elimination Act.” The agency shall not place transgender or intersex inmates in dedicated facilities, units, or wings solely on the basis of such identification or status. Health services staff may make housing recommendations to the facility head, after any necessary medical and/or mental health assessments have been completed. Complex cases that require a more extensive review will be submitted to the Personal Identity Administrative Review Authority (PIARA) by health services staff, a facility’s PREA compliance manager, or a facility/unit head.
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IV. Initiating Review by Personal Identity Administrative Review Authority (PIARA)
Inmates with a confirmed gender dysphoria diagnosis may have their housing, clothing, and health care needs specific to their gender associated request assessed by PIARA. This committee will consider each inmate on a case-by-case basis to ensure fair, safe, and appropriate management of their gender associated requests. (PREA 115.42/115.242)
Additional Policy: