District of Columbia
2. POLICY
a. It is DOC policy to provide services in a humane and respectful manner to Transgender, Intersex, and Gender Nonconforming inmates while processing and housing them safely and efficiently to the greatest extent possible. For the safety, security, and order of the facility, the DOC houses male and female offenders in separate housing units. DOC shall house Transgender, Intersex, or Gender Nonconforming inmates in male or female units based on their preference, unless otherwise recommended by the Transgender Housing Committee and approved in accordance with this policy.
b. In order to address the specific needs of Transgender, Intersex, and Gender Nonconforming individuals, upon initial intake at the Inmate Reception Center (IRC), staff shall follow the guidelines in this policy in order to determine the inmate’s housing in a male or female housing unit based on the inmate’s preferred placement, safety/security needs, housing availability, gender identity, identity documents, and assigned sex at birth, if:
1) An inmate indicates that he or she is Transgender, Intersex, or Gender Nonconforming at any time during their custody.
2) An inmate’s gender identity or gender expression differs from their assigned sex at birth.
3) A gender designation made by the medical service provider, government agency, or law enforcement agency indicates that the inmate is transgender.
. . .
10. INTAKE HOUSING UNIT
a. Inmates identified as Transgender, Intersex, or Gender Nonconforming shall initially be housed in protective custody (voluntary or involuntary protective custody) in a single cell in the intake housing unit consistent with the inmate’s gender housing preference identified at intake. Within twenty-four (24) hours, excluding weekends, holidays, and emergencies, the inmate must receive a preliminary assessment by the PREA Victim Services Coordinator, consisting of an individualized initial safety and security assessment related to the gender housing preference of the Transgender, Intersex, or Gender Nonconforming inmate. Unless the inmate requests to remain in protective custody, or the PREA assessment concludes that the inmate cannot be housed in the intake unit of their preference consistent with the inmate’s safety or the safety of others, the inmate shall be placed on that unit, and not in protective custody, upon the completion of the PREA assessment. Within seventy-two (72) hours, excluding weekends, holidays, and emergencies, after the preliminary assessment by the PREA Victim Services Coordinator, the Transgender Housing Committee shall conduct a formal classification and housing needs assessment for the Transgender, Intersex, or Gender Nonconforming inmate.
b. Inmates who Self-Report as Transgender, Intersex or Gender Nonconforming. Once an inmate makes known to DOC staff their Transgender, Intersex, or Gender Nonconforming status, staff shall:
1) Refer the Inmate to their assigned case manager or, on weekends, the captain or above.
2) The case manager or the captain shall refer the inmate to the Transgender Housing Committee to determine the inmate’s housing based on their gender housing preference, safety/security needs, gender identity and assigned sex at birth.
c. A case manager will be designated as “on call via remote assessment” on weekends, after hours, and on holidays, and that case manager will, as soon as practicable, contact Transgender, Intersex, or Gender Nonconforming inmates who enter intake at those times to make sure inmates are housed according to their preference at intake, pursuant to this Policy.
a. In accordance with PP 4090.3, Classification (Program Review), all Transgender, Intersex, or Gender Nonconforming inmates will be classified and assigned housing based on safety/security needs, housing availability, gender identity and sex assigned at birth. No inmate will be discriminated against based on their gender identity.
11. TRANSGENDER HOUSING COMMITTEE ROLE
a. As part of the housing assessment for vulnerability, the Transgender Housing Committee shall make a recommendation as to the Transgender, Intersex or Gender Nonconforming inmate’s housing assignment after reviewing the inmate’s records including the assessments (PREA and Risk Assessment) and interviewing the inmate.
b. The Committee shall ask the inmate to offer their opinion regarding whether they prefer to be housed in the male or female unit and any vulnerability they anticipate in the general jail population of the male or female unit. The Committee shall agree to house the inmate in the gender housing unit the inmate prefers– whether it corresponds to the inmate’s gender identity or sex assigned at birth— unless the Committee has identified safety and security concerns with the inmate’s preferred housing placement. The Committee shall attempt to reach a consensus, ultimately relying on majority vote when needed.
. . .
d. The Transgender Housing Committee’s housing assessment shall address whether the inmate shall be housed in the general population or in a protective custody unit of the gender consistent with their gender identity or sex assigned at birth. If the Warden’s opinion regarding safety and security concerns differs from the recommendation of the Transgender Housing Committee, the Warden shall justify the assignment in writing to the Director for the Director to make a final determination. Transgender, Intersex, and Gender Nonconforming inmates have the same right to appeal housing assignments as all inmates consistent with PP 4090.3, Classification (Program Review).
e. An inmate may request to come before the Transgender Housing Committee at any time by submitting an inmate request slip or an Inmate Grievance form.
f. If it is decided that the inmate can be housed in the general population, the inmate shall be transferred to the general population as determined by the Transgender Housing Committee after completion of initial classification and upon housing availability. Transgender, Intersex, or Gender Nonconforming inmates shall be housed in a single cell or with another Transgender, Intersex, or Gender Nonconforming inmate in their assigned housing unit.
g. A Transgender, Intersex, or Gender Nonconforming inmate shall be housed in protective custody when there is reason to believe the inmate presents a heightened risk to themselves or to others or where the inmate fears they will be vulnerable to victimization in any other housing setting. This assignment shall be only for the period during which the heightened risk and/or fear exists. Inmates in restrictive housing and protective custody shall have access to programs and services consistent with that status.
h. If it is determined that the inmate requires protective custody, they shall be placed in such a unit and their custody shall be reviewed by the Transgender Housing Committee consistent with standard DOC policy.
i. Consistent with standard DOC policy, Transgender, Intersex, and Gender Nonconforming inmates may be placed in communal protective custody pursuant to the determination of the Transgender Housing Committee and subsequent reviews of the inmate’s status from the Housing Board.
. . .
2) Inmate Detail Housing Assignment. Transgender, Intersex, or Gender Nonconforming inmates assigned to the detail or program unit shall be housed in a single cell or with another Transgender, Intersex, or Gender Nonconforming inmate. If accommodations cannot be made at the time of assignment, the Shift Supervisor shall be contacted immediately for appropriate housing.
. . .
CONTRACT HALFWAY HOUSE HOUSING PROCEDURES
a. Halfway House Referral
1) As part of the Halfway Housing assessment for vulnerability, the Transgender Housing Committee shall recommend a Transgender, Intersex, or Gender Nonconforming resident’s housing assignment after review of all of the resident’s records and assessments and an interview with the resident. The Transgender Housing Committee shall ask the resident to provide their her opinion of their vulnerability in the male and female halfway houses and determine the resident’s housing assignment based on the resident’s preference, unless the committee has safety or security concerns about the resident’s preferred placement. The Transgender Housing Committee shall attempt to reach a consensus, ultimately relying on majority vote when needed. A written recommendation (Attachment C) by the Transgender Housing Committee shall be forwarded to the DOC Office of Community Corrections Program Administrator for approval and shall be maintained in the resident’s institutional record.
2) The Transgender Housing Committee shall make a recommendation to the DOC Office of Community Corrections Program Administrator as to whether the resident should be housed in the male or female halfway house.
11. THC INITIAL RESPONSIBILITIES AT INTAKE. The THC is required to conduct a formal classification and housing needs assessment for transgender, intersex, or gender nonconforming inmates entering the facility within seventy-two (72) hours, excluding weekends, holidays, and emergencies. This formal classification occurs after the preliminary PREA assessment and review of all the inmate’s records and clinical assessments, and an interview with the inmate during which the inmate’s own opinion regarding appropriate placement and assessment of vulnerability in the jail population is considered.
a. As part of the intake and assessment processes, Case Management staff records the inmate’s gender identity and sex assigned at birth in the Offender Management System (JACCS). Once the THC Committee Chair/Co-Chair (Designee) is made aware of a housing candidate, an email notification is sent to schedule a meeting. While awaiting the THC meeting, the inmate is placed in a cell alone for safety and security purposes. The Case Management Supervisor (or his/her designee) is responsible for sending meeting notifications.
b. If an inmate chooses not to meet with the THC, a detailed explanation must be uploaded to Paper Clips (the DOC electronic document filing system for official inmate records).
. . .
13. THC CLASSIFICATION AND HOUSING ASSIGNMENT MEETING PROCESS. THC team members will work collaboratively to determine appropriate housing assignments for transgender, intersex, and gender nonconforming persons entering DOC’s custody. Once the team has made an informed decision through majority vote, changes to the housing assignment should not occur unless safety/security circumstances change, or other factors including medical or mental health challenges, impact the initial decision. The Warden and respective facility Deputy Warden will be notified in writing of the recommended change.
a. During each scheduled classification and housing assignment meeting, members will:
1) Record all THC proceedings and notify the inmate at the start.
2) Give inmates copies of the one-page THC rules and regulations at the start of each meeting to ensure respectful behavior.
3) Read the rules and regulations aloud prior to the meeting start to ensure full understanding.
4) Conduct a comprehensive review of the inmate’s records (JACCS and Paper Clips) including the PREA intake screening and risk assessments and/or 30-day PREA reassessments.
5) Conduct an inmate interview to determine where the individual prefers to be housed and if they anticipate vulnerability if housed in the general jail population on a male/female unit.
6) Complete a detailed review of safety and security factors when and if an inmate communicates a housing preference different than the one expressed at the point of intake during their most recent confinement at DOC.
7) Address inmate questions regarding committee deliberations.
8) Deliberate collaboratively (not recorded) and provide a written decision to the Warden for approval immediately after. The written document should be shared with THC members with sign off required.
(a) If the Warden’s opinion differs from the recommendation of the THC based on safety, security, or other concerns, written justification will be forwarded to the Director before a final determination is made. This should take place within twenty-four (24) hours of receipt of the THC recommendation. The inmate will remain housed on the unit designated by the THC until the final decision is rendered.
9) Ensure documentation is maintained in the inmate’s institutional record and scanned into Paper Clips. PREA information is kept in the PREA database and medical and mental health information in the electronic record.
10) Take meeting minutes (Chair or Co-Chair) to be shared with members and also uploaded to Paper Clips.
b. If the inmate exhibits behavior during the meeting that requires dismissal, a detailed explanation must be uploaded to Paper Clips. THC members will still review all relevant documentation and make an informed decision regarding the inmate’s classification and housing without the inmate present. All other standard protocols will be followed in documenting the process and a final decision reached. A designated committee member will meet with the inmate to make the official notification of the THC’s decision. Until such time as the THC meets, based on safety and security protocols, the inmate will remain on the assigned unit (protective custody).
c. Transgender, intersex, and gender nonconforming inmates cannot grieve their THC housing classification but may appeal housing assignments per PP 4090.3, Classification (Program Review). Inmates are required to complete and submit the Inmate Appeal form (Attachment A) for reconsideration by the Warden.
14. INMATE HOUSING ASSIGNMENTS FOLLOWING THC MEETINGS
a. If the THC decides an inmate can be housed in the general population, the inmate will be transferred after completion of the classification process and upon housing availability. The move shall be communicated by the THC Chairperson to Operations (via the movement sheet). Operations will then make the move once approved by Majors office and a bed becomes available.
b. Once assigned to a housing unit, the inmate shall be housed in a single cell or with another transgender, intersex, or gender nonconforming inmate in their assigned housing unit.
15. PROCEDURES AFTER CLASSIFICATION AND HOUSING ASSIGNMENT
a. An inmate may also request a meeting with the THC at any time after initial intake, classification and housing assignment by submitting an Inmate Request Slip (Attachment B). Reasons for reconvening after an informed decision has been made will be for safety, security, health-related concerns, or if an inmate has recently identified as transgender, intersex, or gender nonconforming. Once the THC receives the Inmate Request Slip, a meeting with the THC shall be scheduled within seven (7) business days, excluding holidays and weekend, unless safety/security concerns dictate otherwise.
b. Placement and programming assignments for each transgender, intersex or gender non-conforming inmate shall be reassessed at least twice each year to review any threats to safety experienced by the inmate.
12. INTAKE SCREENING
a. Inmates, arrestees, and residents will be screened for potential vulnerability to sexual assault, or tendencies to engage in sexually aggressive behavior, at intake, transfer, and as needed while incarcerated.
. . .
e. Transgender, Bisexual, Gay, Lesbian and Intersex Classification & Housing
1) DOC shall classify an inmate, arrestee, or resident who has male genitals as a male and one who has female genitals as a female, unless otherwise recommended by the Transgender Housing Committee and approved consistent with PP 4020.3, Gender Classification and Housing.
2) In deciding whether to assign a transgender or intersex inmate, arrestee, or resident to a facility, and in making other housing and programming assignments, DOC shall consider on a case-by-case basis whether a placement would ensure the health and safety of the inmate, arrestee, or resident, and whether the placement would present management or security problems.
3) Placement and programming assignments for each transgender or intersex inmate, arrestee, or resident shall be reassessed at least twice each year to review any threats to safety experienced by the inmate, arrestee, or resident.
4) A transgender or intersex inmate’s, arrestee’s, or resident’s own views with respect to his or her own safety shall be given serious consideration when determining how to classify.
5) Transgender and intersex inmates, arrestees, and residents shall be given the opportunity to shower separately from other offenders.
6) DOC shall not place lesbian, gay, bisexual, transgender, or intersex inmates, arrestees, or residents in facilities, units, or wings dedicated solely to inmates of such identification or status.