Kentucky

STATE

Policy:Commonwealth of Kentucky Corrections Policies and Procedures Policy No. 14.8, Lesbian, Gay, Bisexual, Transgender, and Intersex Inmates, effective June 1, 2023.

A. Institution Determination

1. An assessment to determine the institution a transgender or intersex inmate shall be assigned to shall be made on a case-by-case basis via an individualized assessment of the inmate, which includes input from medical and mental health staff, in consultation with the Director of Classification.  A determination shall not be made based on genital status alone.

2. Staff shall consider if placement would ensure the inmate’s health and safety and if the placement would present management or security problems.

3. Staff shall give serious consideration to the inmate’s own views concerning his or her safety.

4. The individualized assessment shall consider the following:

a. Classification’s housing decision;

b. The inmate’s documented choice of whether a male or female institution is safest for him or her;

c. The inmate’s physical characteristics;

d. Whether the inmate identifies as male or female;

e. The inmate’s prior institutional history, to include incidents and grievances;

f. The inmate’s prior violent or sexual crime history;

g. The inmate’s physical appearance, age, and physical build; h. Any relevant information obtained about the inmate from security, medical or mental health staff since arrival;

5. If a transgender or intersex inmate already housed at a DOC institution requests transfer to an institution housing the opposite gender, the request shall be reviewed by the institutional treatment team prior to being referred to TLOC.  The institutional treatment team shall complete the individualized assessment outlined in subsection 4 above.  The TLOC shall then review and consider the information and recommendation provided by the institutional treatment team.

Policy: Commonwealth of Kentucky Corrections Policies and Procedures Policy No. 14.7, Sexual Abuse Prevention and Intervention Programs, effective July 20, 2021.

F. Offender Risk Assessment

1. An offender shall be assessed during intake screening within seventy-two (72) hours of arrival at the Assessment and Classification Center and upon each transfer to another facility . . . Housing concerns shall be documented in the comments section on the assessment in KOMS.
. . .
4. The information gleaned from the intake screening shall be used to make housing, bed, program and work assignment decisions with the goal of keeping separate those offenders who are prone to sexual victimization from those who are prone to sexual aggression.
5. Within 30 days of arrival to each facility, the offender’s risk level shall be reassessed based upon any additional information received since the intake screening. A reassessment shall also occur when any new information is learned that bears on an offender’s propensity for sexual victimization or abusiveness, such as an incident or new disclosure of sexual abuse. Reassessments shall include consultation with the inmate.
. . .
10. Placement decisions regarding lesbian, gay, bisexual, transgender and intersex (LGBTI)offenders shall be individualized.