Louisiana

STATE

Policy: State of Louisiana Department of Public Safety and Corrections Regulation No. C-01-022, Prison Rape Elimination Act (PREA), dated May 2017.

12. SCREENING FOR RISK OF VICTIMIZATION AND ABUSIVENESS (§115.41):  

All new incoming offenders shall be screened at the reception and diagnostic centers for a history of predator sexual behavior, sexual abuse and the likelihood/potential of sexual abuse/victimization.  Initial intake screening shall occur ordinarily within 24 hours of intake, and requires that the facility reassess the offender’s risk of victimization or abusiveness within a set time period, not to exceed 30 days from the offender’s arrival at the facility, based upon any additional, relevant information received by the facility subsequent to the intake screening.

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14. USE OF SCREENING INFORMATION UPON INITIAL INTAKE:

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B. In deciding whether to assign a transgender or intersex offender to a facility for male or female offenders, and in making other housing and programming assignments, the unit shall consider on a case-by-case basis whether a placement would ensure the offender’s health and safety, and whether the placement would present management or security problems. Transgender offenders will also be given the opportunity to shower separately and each unit shall maintain documentation of the efforts to offer separate showers utilizing a Shower Preference Statement (Form C-01-022-N). Questions regarding identification of a transgender or intersex offender’s genital status shall be referred to the Department’s Medical/Mental Health Director for review and, if needed, determination if a physical examination in a private setting by a health care provider is necessary. (§115.15(E) and 115.42(C))

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16. USE OF SCREENING INFORMATION AT PERMANENT HOUSING ASSIGNMENT (§115.42):

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B. Placement and programming assignments for transgender or intersex offenders shall be reassessed and documented at least twice each year utilizing the Transgender/Intersex Reassessment (Form C-01-022-O) by Classification staff to review any threats to safety experienced by the offender.

Note: It is prohibited to place a lesbian, gay, bisexual, transgender, intersex and gender nonconforming offender (LGBTI) in a dedicated unit or facility solely on the basis of LGBTI identification unless such placement is pursuant to a legal requirement for the purpose of protecting such an offender. Transgender and intersex offenders must be given the opportunity to shower separately from other offenders. 

Policy: La. Admin. Code tit. 67, pt. V, § 7513, Juvenile Detention Standard—Admission and Release, effective Jan. 1, 2022.

G. Classification Decisions

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4. Decisions for housing or programming of youth who are or are perceived to be gay, lesbian, bisexual, or transgender youth on the basis of their actual or perceived sexual orientation shall be made on an individual basis in consultation with the youth and the reason(s) for the particular treatment shall be documented in the youth’s file. The administrator or designee shall review each decision.

5. When necessary, staff shall develop individualized classification decisions to provide for the safety of particular youth.