Illinois
STATE
2. Placement and Programming
a. Transgender, intersex and gender incongruent offenders shall not be assigned to gender-specific facilities based solely on their external genital anatomy.
b. A review of each transgender, intersex and gender incongruent offender’s placement and programming assignments shall be conducted by the facility twice annually to review any threats to safety experienced or posed by the offender.
c. The Transgender Administrative Committee (TAC) shall make individualized determinations about how to ensure the safety of each offender including considering transfer from one gender-specific facility to an opposite gender facility and specifying the gender of staff which will perform searches of the offender. The determination shall consider, on a case-by-case basis, whether a specific placement would ensure the offender’s health and safety, and whether the placement would present management or security concerns.
Note: The TAC shall make these determinations without the necessity of a referral for any offender identified as transgender, intersex, and gender incongruent. However, an offender may be referred for these reviews by written request of the offender, the offender’s treating mental or medical providers, or the CAO.
d. A representative of the TAC shall interview the offender, review PREA allegations, offender grievances, criminal history, medical, psychiatric and disciplinary records and present findings to the TAC. Decisions shall be made by the TAC on a case-by-case basis with serious consideration given to circumstances including, but not limited to, the following:
(1) The offender’s perception of whether a male or female facility is safest for him or her, as well as the preferred gender of staff to perform searches.
(2) The offender’s prior institutional history (to include incidents and grievances).
(3) The offender’s prior violent or sexual criminal history.
(4) The offender’s gender expression including physical appearance, age and physical build.
(5) The offender’s vulnerability to sexual victimization, including prior allegations of sexual abuse or harassment made by the offender.
(6) The offender’s likelihood of perpetrating abuse against other offenders including consideration of prior allegations of sexual abuse or harassment made against the offender.
(7) The offender’s compliance with medical and mental health treatment plans, including psychopharmacologic and hormone therapy compliance (if applicable).
(8) Any relevant information obtained about the offender from security staff or medical and mental health staff since arrival.
(9) The ability of security staff to house and supervise the offender to ensure his or her safety and the safety of the population in the current and requested environment.
(10) The services available to meet the needs of the offender in each environment.
(11) Any obstacles identified for the appropriate management of the offender in each facility.
(12) Any other relevant information about the offender’s ability to positively or negatively manage himself or herself in each type of environment.
e. The decision made by the Committee to transfer the transgender, intersex or gender incongruent offender to an alternative gender facility shall be documented and the offender shall be notified by letter from the Chairperson of the TAC or designee.
f. If after a transfer occurs the transgender, intersex or gender incongruent offender poses a significant threat to residents of the receiving facility or creates a disruption to the safe operation of that facility, the offender may be presented to the combined TAC and THAWC for placement consideration.
g. In the event where a transgender, inter-sex or gender incongruent offender is housed in a facility inconsistent with their gender identification, whether by their choice or decision of the TAC, accommodations shall be afforded to them as outlined below.
LOCAL
Cook County
Policy: Cook County Administration Policy Manual Policy No. 125, Transgender and Intersex Subjects.
125.4 INTERAGENCY ACCOMMODATION PLAN COMMITTEE
(a) The Interagency Accommodation Plan Committee shall consider each transgender or intersex subject, and recommend appropriate accommodations for the subject on a case-by-case basis. The committee may also choose to consider subjects who are gender non-conforming.
(b) In its deliberations, the Interagency Accommodation Plan Committee shall ensure the dignity and respect of transgender or intersex subjects are taken into consideration. The transgender or intersex subject’s views of his/her safety shall be given serious consideration.
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(d) In deciding the housing assignment of a transgender or intersex subject, the committee shall consider the following:
1. Whether to place the subject in male or female housing;
2. Whether a placement will ensure the subject’s health and safety; and
3. Whether a placement will present significant management, security or clinical challenges.
(e) A transgender or intersex subject shall not be housed separately (e.g., protective custody, administrative segregation) from other members of the jail population solely based on his/her status as transgender or intersex, nor shall such a subject be isolated as part of a group from other subjects solely based on his/her status.
Policy: Cook County Department of Corrections, Custody Manual Policy 125, Transgender and Disorder of Sexual Development Individuals, issued June 1, 2020. (No link available)
125.2 POLICY
It is the policy of the Sheriff’s Office to ensure individuals who self-identify or are otherwise identified as transgender, gender non-conforming, non-binary, or having a disorder of sexual development receive access to reasonable accommodations, services, activities or programs, unless there are articulable safety and security risks; and to determine appropriate housing assignments.
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125.4 INTERAGENCY ACCOMMODATION PLAN WORKGROUP
(a) The Interagency Accommodation Plan Workgroup shall consider each transgender, gender non-conforming, non-binary, or disorder of sexual development individual, and recommend appropriate accommodations for the individual on a case-by-case basis.
(b) The transgender, gender non-conforming, non-binary, or disorder of sexual development individual’s views of their safety shall be considered.
(c) In deciding the housing assignment of a transgender, gender non-conforming, nonbinary, or disorder of sexual development individual, the Workgroup shall consider the following:
1. Whether to place the individual in male or female housing;
2. Whether a placement will ensure the individual’s health and safety; and
3. Whether a placement will present significant management, security or clinical challenges.
(d) A transgender, gender non-conforming, non-binary, or disorder of sexual development individual shall not be housed separately (e.g., rehabilitation unit) from other individuals of the jail population solely based on their status as transgender, gender non-conforming, non-binary, or having a disorder of sexual development, nor shall such individuals be isolated as a group from other individuals solely based on their status.