Maine
STATE
14. Any transgender, gender nonbinary, gender nonconforming, or intersex resident may use the grievance process set out in Department Policy (AF) 29.1, Adult Resident Grievance Process, General, to file a grievance about discrimination, harassment, or abuse. A resident may also make a complaint in writing or verbally to any staff.
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16. Separate housing dedicated specifically to transgender, gender nonbinary, and/or intersex residents shall not be established.
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Procedure B: Intake to Reception Facility
11. In the case of a transgender or intersex resident, the housing placement shall be consistent with the gender identity of the resident, except when placement in such housing would create a risk to safety, security, or orderly management of the facility, including, but not limited to, a risk to the safety of other residents or a risk to the safety of the transgender or intersex resident.
12. In the case of a resident who is gender nonbinary, the housing placement shall be in accordance with the resident’s preference, except when placement in such housing would create a risk to safety, security, or orderly management of the facility, including, but not limited to, a risk to the safety of other residents or a risk to the safety of the gender nonbinary resident.
13. In the case of a reception facility with housing for only one gender, if the Chief Administrative Officer, or designee, would place the resident in a housing unit for the opposite gender if one were available, the resident shall be placed in a housing unit that will mitigate any risk to safety or security. The Chief Administrative Officer, or designee, shall, as soon as possible, contact the Director of Classification, or designee, for a determination as to whether the resident should be transferred to another facility with the other gender housing unit.
14. The Director of Classification, or designee, shall arrange for the transfer as soon as practicable, unless transfer to another facility for placement in the other gender housing unit would create a risk to safety, security, or orderly management of the facility.
Procedure C: After Intake
1. If, after intake to the reception facility, an adult resident reports to any staff, whether at the reception facility or at a facility to which the resident has been transferred, as being transgender, gender nonbinary, or intersex, the staff shall, as soon as possible, contact the Chief Administrative Officer, or designee, and the PREA Compliance Manager, or designee.
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5. The resident shall not be moved to a housing unit with residents of a different gender than the resident has been housed with and shall be searched by staff of the same gender as other residents in the unit until a final decision is made and implemented as the result of a further, more in-depth assessment by the multidisciplinary team as set out below.
Procedure E: Team Recommendations
9. Unless safety, security, or orderly management considerations dictate otherwise, decisions about type of housing and searches shall be consistent with a transgender or intersex resident’s consistently held gender identity or, in the case of a gender nonbinary resident, consistent with their consistently held preference.
Procedure G: Lesbian, Gay, Bisexual, Transgender, or Intersex (LGBTI) Prisoners and Residents
1. Facility staff shall not search or physically examine a transgender or intersex prisoner or resident for the sole purpose of determining the person’s genital status. If the person’s genital status is unknown, it may be determined by discussing the matter with the prisoner or resident, reviewing medical records, and, if necessary, by a health care provider performing a general physical health assessment that is not viewed by other staff.
2. The determination whether to assign a transgender or intersex prisoner or resident to a facility for male or female prisoners or residents and other housing and program assignments shall be individualized, take into account the views of the prisoner or resident, and be based on protecting the prisoner’s or resident’s safety and mental health and preventing security issues. These determinations shall be made in accordance with Department Policies (AF) 23.8 and (JF) 18.8, Management of Transgender and Intersex Prisoners and Residents, as applicable.
3. Facility, housing, and program assignments for a transgender or intersex prisoner or resident shall be reviewed through the facility classification process at least every six (6) months to consider any threats to safety experienced by the prisoner or resident.
4. If a facility does not have separate individual shower facilities for use by transgender and intersex prisoners or residents, then a transgender or intersex prisoner or resident shall be given the opportunity to shower at separate times from other prisoners or residents.
5. Lesbian, gay, bisexual, transgender, or intersex prisoners or residents shall not be housed in dedicated facilities, units, or wings solely on the basis of such identification or status.
6. All housing decisions for lesbian, gay, bisexual, transgender, or intersex prisoners or residents shall be clearly documented in the prisoner’s or resident’s housing unit file and in CORIS.
14. Any transgender, gender nonbinary, gender nonconforming, or intersex resident may use the grievance process set out in Department Policy (JF) 29.1, Resident Grievance Process, General, to file a grievance about discrimination, harassment, or abuse. A resident may also make a complaint in writing or verbally to any staff.
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16. Separate housing dedicated specifically to transgender, gender nonbinary, and/or intersex residents shall not be established.
Procedure B: Intake
11. In the case of a transgender or intersex resident, the housing placement shall be consistent with the gender identity of the resident, except when placement in such housing would create a risk to safety, security, or orderly management of the facility, including, but not limited to, a risk to the safety of other residents or a risk to the safety of the transgender or intersex resident.
12. In the case of a resident who is gender nonbinary, the housing placement shall be in accordance with the resident’s preference, except when placement in such housing would create a risk to safety, security, or orderly management of the facility, including, but not limited to, a risk to the safety of other residents or a risk to the safety of the gender nonbinary resident.
Procedure C: After Intake
1. If, after intake, a juvenile resident reports to any staff as being transgender, gender nonbinary, or intersex, the staff shall, as soon as possible, contact the Superintendent, or designee, and the PREA Compliance Manager, or designee.
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6. The resident shall not be moved to a housing unit with residents of a different gender than the resident has been housed with and shall be searched by staff of the same gender as other residents in the unit until a final decision is made and implemented as the result of a further, more in-depth assessment by the multidisciplinary team as set out below.
Procedure E: Team Recommendations
8. Unless safety, security, or orderly management considerations dictate otherwise, decisions about type of housing and searches shall be consistent with a transgender or intersex resident’s gender identity or, in the case of a gender nonbinary resident, consistent with their preference.
Additional Policies: