Wyoming
STATE
A. General Policy. When deciding whether to assign a transgender or intersex offender to a facility for male or female offenders, and in making other housing and programming assignments, the WDOC considers on a case-by-case basis whether placement would ensure the offender’s health and safety, and whether the placement would present management or security problems. The WDOC does not place lesbian, bisexual, transgender, gender-variant, or intersex offenders in dedicated facilities, or units solely on the basis of such identification or status, unless such placement is in a dedicated facility, unit, or pod established in connection with a consent decree, legal settlement, or legal judgment for the purpose of protecting such offenders. (PREANS 115.42.g)
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IV. PROCEDURE
A. Referral Process. When an inmate identifies as transgender/gender non confirming, staff shall refer the inmate to medical/mental health for initial consultation.
1. The contracted medical provider shall utilize the designated medical/mental health staff who has the expertise and experience to complete an evaluation and assessment. Medical staff shall work with the inmate regarding care and specialized treatment.
B. Classification/Housing upon Intake Procedure for transgender or intersex male or female inmates.
1. If during the intake process an inmate identifies as transgender or intersex the TRC will determine the housing assignments. The facility housing manager shall ensure the TRC is developed within three (3) working days from the inmate’s arrival and/or identification as transgender or intersex. The inmate shall be provided WDOC Form #367, Transgender Accommodation Request to request special accommodations. The TRC shall still proceed even in the event the inmate chooses not to submit WDOC Form #367, Transgender Accommodation Request.
i. The TRC shall review all of the inmate’s records; this includes the inmate’s PSI, records received from the county jail the inmate was housed at, necessary medical and mental health records and assessments, and any other pertinent records to assist in determining housing. An interview with the inmate to include asking the inmate on his or her own opinion of his or her vulnerability in male or female units. At no time shall identification as transgender or intersex be the sole factor in determining housing. (PREANS 115.42.e)
ii. If the TRC deems it necessary the inmate may be recommended for an individual session with a psychologist/psychiatrist to assist in determining appropriate housing.
iii. 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 placement would present management or security problems. (PREANS 115.42.c)
iv. In accordance Policy and Procedure #4.101, Inmate Classification, initial classification shall take place within forty-five (45) days of the inmate’s commitment to the custody of the WDOC, and must be completed before an inmate is moved from the admission and orientation housing area.
v. Placement and programming assignments for each transgender or intersex inmate shall be assessed at least twice a year by the TRC to review any threats to safety experienced by the inmate. (PREANS 115.42.d)
C. Requests for special accommodations. Any requests for special accommodations (e.g. property, housing, searches, etc.) that is not considered specialized medical treatment shall be requested by the inmate on WDOC Form #367, Transgender Accommodation Request. The housing manager shall initiate a TRC within fourteen (14) days from the request. The TRC will notify the inmate of their response within thirty (30) calendar days after the TRC meeting.
1. Decisions made by the TRC may be appealed by the inmate through a separate process than the grievance process.
i. The inmate may appeal the decision of the TRC using WDOC form 367.1, Transgender Accommodation Request Warden/Director’s Appeal.
a. The inmate shall file the appeal within seven (7) days from receiving notice of the TRC’s decision. The Warden shall respond to the appeal within thirty (30) days from receipt of the appeal.
ii. The inmate may appeal the Warden’s decision to the Director within seven (7) days TRC using WDOC form 367.1, Transgender Accommodation Request Warden/Director’s Appeal.
a. Warden and/or Director appeal responses shall be provided in letter format.
D. Policy Regarding LGBTI and Gender Non-Conforming Inmates. Inmates who are LGBTI or whose appearance or manner does not conform to traditional gender expectations shall not be placed in restrictive housing solely on the basis of identification or status. (ACA-4-RH-0035)
I. Transgender and Intersex Inmates
1. 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 placement would present management or security problems.(PREANS 115.42.c)
2. Placement and programming assignments for each transgender or intersex inmate shall be assessed at least twice a year to review any threats to safety experienced by the inmate. (PREANS 115.42.d)
3. A transgender or intersex inmate’s own views with respect to his or her own safety shall be given serious consideration. (PREANS 115.42.e)
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5. 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.(PREANS 115.42.g)
Additional Policies:
Wyoming Department of Corrections Policy and Procedure No. 2.200, Inmate Housing Areas, Mar. 3, 2023.
LOCAL
Johnson County
Policy: Johnson County Sheriff’s Office, PREA Policy, 2022.
III. Use of Information Obtained from Screening [DOJ §115.42]
• Detention deputies, in consultation with a supervisor, shall use information from the Initial Assessment, criminal history, behavioral observations, PREA Sexual Predator/Vulnerability Screening form, and all additional relevant information including their training and experience 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.
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• In deciding whether to assign a transgender or intersex inmate to a cell block 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.
• 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.
• A transgender or intersex inmate’s own view with respect to his or her own safety shall be given serious consideration.
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• The Detention Center shall not place lesbian, gay, bisexual, transgender, or intersex inmates in dedicated cell blocks solely on the basis of such identification or status unless pursuant to a legal settlement or judgment.