Hawaii
STATE
25.0 USE OF SCREENING INFORMATION
.1 PSD shall use the information from the risk assessment screening for housing designations, work line, program assignment, or scheduling to keep separated those offenders at high risk of being sexually victimized from those at high risk of being sexually abusive. (115.42 a)
.2 PSD shall use the risk screening tool information to make an individualized assessment about how to ensure the safety of each individual offender. (115.42 b)
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26.0 LESBIAN, GAY, BISEXUAL, GENDER X, TRANSGENDER, AND INTERSEX (LGBTI) USE OF SCREENING INFORMATION
.1 A gender X, transgender, or intersex offender will be housed based on their legal status as a male or female. Any deviation in the housing assignment of a transgender or intersex offender to a facility for male or female offenders will be determined by medical and mental health practitioners with input from program and security staff initially at the intake process.
.2 In deciding whether to assign a gender X, transgender, or intersex inmate to a facility for male or female inmates, and in making other housing and programming assignments, PSD shall consider on a case-by-case assessment of whether a placement would ensure the offender’s health and safety, and whether the placement would present a management or security concern.
.3 In the event that an offender’s sex designation is changed as specified under Hawaii revised Statutes § 338-17.7, “Establishment of new certificates of birth” (effective July 1, 2015), then facility, housing, and programming assignments shall still be made as indicated in .2, but the PREA Coordinator shall be included in the case-by-case assessment.
.4 Biannually designated facility staff identified by the Warden shall reassess the placement and programming assignment of each transgender or intersex offender for the purpose of assessing any threats to the safety of the offender.
.5 This biannual assessment shall be documented by utilizing the PREA Mandated Reporting Form (PSD 8317) and/or may be conducted as part of a classification review for the transgender or intersex offender. The completed PREA Mandated Reporting Form shall be forwarded to the Department PREA Coordinator via email, fax, or mail within three (3) days.
.6 A gender X, transgender, or intersex offender’s own views with respect to his or her own safety shall be given serious consideration.
.7 Gender X, Transgender, and intersex offenders shall be given the option to shower separately from other offenders in dorm shower situations, if so requested. This provision is applicable only when individual showers are not available at the offender’s assigned housing unit.
.8 PSD Facilities shall not place Gender X and LGBTI offenders in dedicated facilities, units, or wings solely on the basis of such identification or status, unless such placement is established in connection with a consent decree, legal settlement, or legal judgment for the purpose of protecting such offenders.
Additional Policies: