Mississippi
STATE
(b) The Transgender Committee shall assess, review, and manage inmates who identify as transgender or intersex on a case-by-case basis, in a respectful manner, considering each inmate’s individual circumstances, including but not limited to the inmate’s physical sexual characteristics, gender identification, physical presentation, behavior and programming needs.
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PROCEDURE A: Intakes Screening Process
Prison Rape Elimination Act (PREA): MDOC states that its intake screening shall consider, at a minimum, the following criteria to assess individuals risk for sexual victimization – whether the individual is known or perceived to be gay, lesbian, bisexual, transgender, intersex or gender nonconforming.
1. Initial Designation
Staff will seek to identify inmates who present or identify as transgender or intersex upon delivery to MDOC during intake processing, based on available information from the county, the inmate (including the inmate’s stated gender identity, if any) and as developed by staff.
2. Identification at Intake (Appropriate and Professional Questioning)
a. Staff will interview inmates regarding their sex and gender identity only when necessary to develop information for making appropriate intake and housing assignments, classification assignments, programming assignments; to provide healthcare and health assessments; and as necessary for the inmate’s health or safety, or for the safe, secure, and orderly operation of the facility.
c. Designated staff will submit information to the Transgender and lntersex Committee for review and determination of appropriate housing placement.
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3.Initial Placement in Holding Cell:
When staff identify an inmate who presents or identifies as transgender or intersex during intake processing, staff will place the inmate in a holding cell with no other inmates present to provide for the inmate’s safety and to provide the inmate with a measure of privacy pending further review.
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5. Intake Housing Assignment:
a. Following initial placement in a holding cell, an inmate who identifies as transgender or intersex during intake processing will be assigned to a single cell in the Infirmary, on a space available basis, until the appropriate housing for the inmate has been staffed by the Transgender lntersex Committee.
b. If there are no infirmary beds available, the functional unit manager or designee will assign the inmate to appropriate alternative housing in the facility, and document the reasons for the alternative housing assignment.
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PROCEDURE B: Management of Transgender or lntersex Inmate
Housing Assignment and Processing after Intake
1. The Transgender and lntersex Committee will collect and review relevant information regarding inmates who identify as transgender or intersex and make appropriate facility and housing assignment decisions on a case-by-case basis.
2. The Transgender and lntersex Committee will notify staff at the receiving facility of the facility and housing assignment decisions regarding the inmate prior to the inmate’s transfer.
3. When an inmate is assigned to a facility by the Transgender and lntersex Committee, designated facility staff will determine and assign the inmate to the appropriate housing within the facility unless the inmates’ housing assignment has been specifically directed by the Transgender and lntersex Committee.
4. An inmate who identifies as transgender or intersex may not be transferred to another facility without the approval of the Transgender and lntersex Committee.
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Identification after Facility Assignment:
If an inmate identifies as transgender or intersex after being assigned to a facility, staff will notify the Contract Health Provider (CHP) and the PREA Compliance Manager at the receiving facility. The PREA Compliance Manager will notify the Transgender and lntersex Committee and gather information for the Transgender and lntersex Committee’s review.
Appropriate and Professional Questioning:
Contract Health Provider and PREA Compliance Manager will interview the inmate regarding the inmate’s assigned sex at birth, gender identify, gender expression, and security concerns.
Use of Screening Information
Prisons and Jails: (a) The agency shall use information from the risk screening required by§ 115.41 to inform housing, bed, work, education, and program assignments with the goal of keeping separate those inmates at high risk of being sexually victimized from those at high risk of being sexually abusive.
(b) The agency shall make individualized determinations about how to ensure the safety of each inmate.
(c) In deciding whether to assign a transgender or intersex inmate to a facility for male or female inmates, and in making other housing and programming assignments, the agency shall consider on a case-by-case basis whether a placement would ensure the inmate’s health and safety, and whether the placement would present management or security problems.
(d) Placement and programming assignments for each transgender or intersex inmate shall be reassessed at least twice each year to review any threats to safety experienced by the inmate.
(e) A transgender or intersex inmate’s own views with respect to his or her own safety shall be given serious consideration.
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(g) The agency shall not place lesbian, gay, bisexual, transgender, or intersex inmates in dedicated facilities, units, or wings solely on the basis of such identification or status, unless such placement is in a dedicated facility, unit, or wing established in connection with a consent decree, legal settlement, or legal judgment for the purpose of protecting such inmates. PREA [§ 115.42]
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Community Corrections: (a) The agency shall use information from the risk screening required by § 115.241 to inform housing, bed, work, education, and program assignments with the goal of keeping separate those residents at high risk of being sexually victimized from those at high risk of being sexually abusive.
(b) The agency shall make individualized determinations about how to ensure the safety of each resident.
(c) In deciding whether to assign a transgender or intersex resident to a facility for male or female residents, and in making other housing and programming assignments, the agency shall consider on a case-by-case basis whether a placement would ensure the resident’s health and safety, and whether the placement would present management or security problems.
(d) A transgender or intersex resident’s own views with respect to his or her own safety shall be given serious consideration.
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(f) The agency shall not place lesbian, gay, bisexual, transgender, or intersex residents in dedicated facilities, units, or wings solely on the basis of such identification or status, unless such placement is in a dedicated facility unit, or wing established in connection with a consent decree, legal settlement, or legal judgment for the purpose of protecting such residents. PREA [§ 115.242]