Florida
STATE
(1) GENDER DYSPHORIA REVIEW TEAM ROLE AND RESPONSIBILITY:
(a) The GDRT has the authority and responsibility to review recommendations for the treatment and management of inmates diagnosed with Gender Dysphoria to ensure individualization in the decision-making process.
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(d) For those inmates receiving a formal diagnosis of Gender Dysphoria, further facility and housing assignments shall be made on a case by case basis with inmates being placed at one of the designated treatment facilities for Gender Dysphoria. The health and safety of the inmate, as well as all treatment, management, and security concerns will be examined. The inmate’s own views regarding safety shall be given careful consideration.
(2) PREVENTION/DETECTION
(a) Identification:
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6. Housing for transgender and/or intersex inmates will be determined on a case-by-case basis. The inmate’s safety as well as the safety and the security of the institutional compound will be taken into consideration when making the housing determination. Housing will be determined as outlined in this section below.
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8. Transgender inmates, intersex inmates will be assessed biannually by classification. An interview will be conducted as well as a review of their housing, program, and work assignments to determine if there are any necessary changes or threats to the inmate’s safety.
9. A transgender and/or intersex inmate’s own view, with respect to their own safety, shall be given serious consideration. A risk assessment may additionally be required, depending on the inmate’s answers during the interview. Once identified the inmate will maintain the designation until classification completes the next biannual review.
10. Classification will screen all inmates within 72 hours of intake. Characteristics such as the inmate’s age, criminal record, and prior identified history of sexual victimization or predation will be utilized to help determine if s/he is at risk of future victimization of sexual abuse, sexual battery, or is at risk of committing sexual abuse or sexual battery. The screening will also consider the inmate’s sexual orientation and gender identity. If s/he is identified as a potential victim or abuser (perpetrator); housing, bed, and work assignments will be appropriately assigned based on known information and established protocol.
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v. Facility and housing assignments shall be made on a case-by-case basis, considering the inmate’s health and safety as well as potential programming, management and security concerns. An inmate’s own views regarding safety shall be given careful consideration.
Additional Policy: Florida Department of Corrections Procedure No. 601.209, Reception Process – Initial Classification, effective July 27, 2023.
LOCAL
Miami-Dade County
IV. INTAKE HOUSING AND ORIENTATION
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B. Identification of At-Risk Inmates: Any inmate whose presence in general population potentially poses a documentable risk to self, other inmates, or staff shall be prioritized for an initial classification and appropriate housing location within four (4) hours of the completion of the in-take process. . . . At-risk innates include those who are:
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8. Transgender and Intersex.
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X. INMATE HOUSING ASSIGNMENT
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5. Transgender and intersex inmates shall be assessed on a case-by-case basis to identify housing that does not jeopardize the health and safety of the inmate or the security and management of jail operations. They may be assigned to general population housing and shall not be placed in dedicated facilities, units, or wings solely based on identification or status. The Classification Intake Officer shall determine the appropriate placement through a classification interview.
B. GENERAL CLASSIFICATION RULES
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3. Transgender and intersex inmates shall be classified on a case-by-case basis into housing that does not jeopardize their health and safety, the health and safety of others, or the security, internal order and management of jail operations.
4. LGBTI inmates shall not be placed in housing locations solely on the basis of such identification or status, unless such placement is in a dedicated facility or housing established in connection with a consent decree, legal settlement, or legal judgment for the purpose of protecting such inmates.
5. MDCR staff shall use information from the risk screening to determine housing, work, education, and program assignments with the goal of keeping inmates who are at high-risk of being sexually victimized separate from those at high-risk of being sexually abusive.
6. Transgender and intersex inmates may be housed in:
a. A direct supervision setting for general population, or
b. Administrative segregation (protective custody).
Note: Inmates at high risk of being sexually victimized may request to be placed in custodial segregation (administrative/protective) based on their expressed or implied concerns for their safety.
7. MDCR shall make individualized determinations on how to ensure the safety of each inmate and whether placement would present management, internal order, or security issues.
8. Inmates may not be disciplined for refusing to answer or for not disclosing complete information in response to questions related to sexual orientation, intersex condition, disability status, or history of prior sexual victimization and abusiveness.
9. A transgender or intersex inmate’s own view with respect to their own safety shall be given consideration.
Additional Policies:
Palm Beach County
V. PROCEDURE:
A. Under all circumstances, staff shall only ask questions related to sexual identity, gender identity, or gender expression for the purposes of making intake and housing assignments, classification, programming, providing health care, and health assessments, or where information is necessary to ensure safety, security, and order of inmates, staff, visitors, the facility, and the community. Questions related to sexual identity, gender identity, or gender expression shall be asked in a respectful manner to preserve the confidentiality, as well as human dignity and avoid subjecting the inmate to abuse, humiliation, or ridicule. There is no discrimination regarding administrative decisions or program access based on an inmate’s race, religion, nationality, gender, sexual identity, sexual orientation or disability.
B. Initial Intake:
1. Completion of pre-classification questionnaire will include documentation and designation of gender identity.
2. Intake staff will notify the Intake supervisor when an inmate is received that has gender-related expression, identity, appearance, or behavior that differs from their sex.
3. The Intake supervisor will attempt to determine the gender of the inmate in a discreet, dignified and professional manner to preserve confidentiality and to avoid subjecting the inmate to ridicule.
4. Inmate’s shall not be searched or physically examined for the sole purpose of determining the inmate’s genital status. If the inmate’s genital status is unknown, it may be determined by conversations with the inmate, review of medical records by the health care provider or if necessary by learning that information by part of a broader medical examination conducted in private by a medical practitioner.
5. The health provider and PBSO staff shall communicate about accommodations for inmates with special needs such as LGBTI.
6. The inmate will be searched by a deputy believed to be of the same sex.
7. The inmate will be housed in an individual cell while in the Intake area. The inmate will be allowed all privileges afforded to other inmates; however, they will be monitored for their safety.
8. This inmate should not be moved to a housing unit without being interviewed by Classification. In the event that the inmate must be moved, the watch commander will have the inmate classified as protective custody and placed in a single occupancy cell until interviewed by Classification.
9. An Incident Report will be completed and forwarded to Classification for initial housing determination and the chain of command for notification.
C. Housing Assignments:
1. Transgender and intersex inmates will be interviewed and assigned an appropriate housing assignment by Classification.
2. The inmate will be assigned a housing assignment based on their safety/security needs, housing availability, gender identity and genitalia.
3. Classification will interview the inmate and ask their opinion on vulnerability in general population male or female units. This information, along with previous housing assignments, will be taken into consideration by Classification. The facility commander or designee, and health authority, or designee will review the proposed assignment before it is implemented.
4. The inmate may choose to grieve the housing assignment and will follow normal procedure.
5. Transgender and intersex inmates shall be given the opportunity to shower separately from other inmates.
6. A transgender or intersex inmate will be placed in protective custody when there is a reason to believe the inmate presents a heightened risk to him/her or to others or where the inmate fears he or she will be vulnerable to victimization in any other housing assignment.
7. If the inmate is placed in protective custody, they will be afforded programs and services consistent with those inmates in general population in accordance with policy.
8. While in protective custody, inmate housing assignments will be reviewed monthly for potential changes.
Additional Policies:
Sarasota County
C. Intake and Risk Assessment:
1. Booking and Admission:
b. If an incoming inmate identifies as an LGBTI or other gender identifying community member, they shall be given a Search Preference form. The booking sergeant shall then notify the classification sergeant and medical that the form has been completed. The operations bureau commander and watch commanders shall be notified of any special housing assignment for transgender and intersex inmates.
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f. Classification is responsible for the initial determination of vulnerability using the PREA risk assessment and any other information available to decide housing.
g. The mere identification of an inmate’s sexual orientation is insufficient to warrant an assumption of enhanced risk that the inmate will be sexually abusive or be sexually abused. Within 72 hours of arrival, the Possible Risk Factors and Possible Predatory Factors screening tools will be used to assess victimization and abusiveness [PREA 115.41 (a,b,c,d,e)].
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D. Classification and Housing
1. Classification shall not classify inmates solely on the basis of their gender status or perceived gender status. Classification shall evaluate all available information, including inmate gender self-identification.
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3. Inmates shall not be placed in segregation or dedicated housing units for the sole reason of their gender identity or status, unless the housing area has been established in connection with a consent decree, legal settlement, or legal judgement [PREA 115.42(g)]. Transgender, intersex, or other inmates who are placed in administrative segregation or other special management housing for their safety and security shall not have their privileges, programs, education and work opportunities restricted, without documentation listing limited opportunities, duration of the limitations, and non-discriminatory reasons for limitations [PREA 115.43(b)(1)(2)(3)].
4. Classification shall make individual determinations using the information from the risk screening to determine housing, bed, work, education, and program assignments with the goal of keeping separate inmates at risk of being sexually victimized from those at risk of being sexually abusive [PREA 115.42(a)(b), 115.62].
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7. Transgender or intersex inmates may be housed according to their gender identity, rather than their birth sex. In deciding whether to assign a transgender or intersex inmate to housing for male or female inmates, as well as other programming assignments, classification and the operations bureau commander or his/her designee shall consider, on a case-by-case basis, whether a placement would ensure the inmate’s health and safety, and if the placement would present management or security problems. If deemed necessary for the inmate’s safety and emotional well-being, classification may place transgender or intersex inmates according to their birth sex and considering the facility’s safety and security [PREA 115.42(c)].
8. All inmates may make requests to have their housing re-evaluated using the grievance system. A transgender or intersex inmate’s own view with respect to his or her own safety shall be seriously considered. [PREA 115.42(e)].
9. The facility may consult with an identified member of the LGBTI or allied community to provide external resources and support in assistance with the LGBTI population or other gender identification.