Delaware
STATE
A. It is the policy of the DDOC to respect the gender identity of a transgender person housed in any DDOC facility and under correctional supervision in the community. It is also the policy of DDOC to maximize the protection offered to offenders under the PREA statutes.
B. The DDOC shall provide each offender with an individualized assessment of their physical and emotional characteristics, their medical care needs and behavioral health needs. The individualized assessment may assist with housing assignments to provide POLICY E-14 TREATMENT OF TRANSGENDER PERSONS 2 the safest environment for the offender, the DDOC offender population, and the security staff.
C. When an offender self-identifies a gender other than one that was assigned at birth, and the offender’s genital status is unknown, the status shall be determined during the Intake Screening process by reviewing available medical records or, if necessary, by learning that information as part of a broader medical examination conducted in private by a medical practitioner during the initial medical examination or sick call appointment.
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E. This policy does not include those offenders with a medical diagnosis of ambiguous gender (a rare genetic abnormality at birth in which the genitalia cannot be readily differentiated). These offenders shall be designated according to how they have identified during their lifetime or how they self-identify.
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B. Urgent Behavioral Health evaluation
1. The purpose of the Urgent Behavioral Health evaluation is to assess the offender’s suicide risk, the risk of becoming a victim of rape or “bullying”, the offenders presenting emotional status, and the identification of the offender’s statements about his/her gender as different from that assigned at birth. The Qualified Mental Health Professional (QMHP) shall document all statements and information, including the offender’s actual statements that they identify their gender as different from that assigned at birth.
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2. This evaluation will include an assessment of the offender’s treatment and life experiences prior to incarceration as well as experiences during previous incarceration (including hormone therapy, completed or in-progress surgical interventions, real life experiences consistent with an offender’s gender identity, private expressions that conform to the preferred gender and counseling). If the diagnosis of Gender Dysphoria is considered, the offender will be referred for a Comprehensive Behavioral Health Evaluation (CMHE) by an independently licensed behavioral health professional with experience in the evaluation and treatment of Gender Dysphoria.
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C. Urgent Medical evaluation
1 .The purpose of the urgent medical evaluation is to determine the presence or absence of characteristics that would increase risk of victimization of the transgender person in either a female or male facility.
2. In the case that the individual was receiving hormones prior to incarceration, enrollment in the Chronic Care Clinic and prescribing continuing hormone treatments should occur at this time to avoid the potential of any adverse effects of abruptly discontinuing the hormone treatments.
D. Upon completion of Attachment A, Transgender Evaluation Recommendation Form, the recommendations of the Behavioral Health and Medical providers shall be forwarded to the Shift Commander, Warden, BOP Chief, BCC Chief, and BHSAMH Chief and the facility PREA manager to determine whether the offender could be safely housed in the current male or female facility, or whether discussion with a Warden of another facility is indicated.
V. POLICY: It is the policy of the DOC to receive, evaluate, house and provide secure and humane custody of all persons who are lawfully committed or held for confinement by the Department. An offender’s biological sex, and gender identity are recognized as factors in determining whether the inmate is likely to become a victim of abuse in the facility and shall be considered in applicable decision processes related to the offender. The DOC will screen offenders to help identify potential aggressors and victims.
A. Intake screening
1. A person’s biological sex and their gender identity are two factors among many in determining the appropriate placement for every offender.
2. All offenders will be asked by DOC staff if they identify as transgender, using the PREA victimization/aggression screen. Medical will also ask this question during the medical intake questionnaire.
3. Prior to accepting an offender for the purpose of commitment from an external agency, the accepting receiving room staff shall review the following questions with the committing agency and offender:
a. Is the offender biologically male, female, or intersex?
b. Does the offender self-report as transgender?
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5. When an offender self-identifies as transgender, the offender will be referred to medical for further evaluation prior to housing placement.
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C. Housing and programs
1. Transgender offenders may not be assigned to gender-specific facilities based solely on their external genital anatomy.
2. In determining housing placement, the reviewing authority will consider physical layout and offender privacy issues when determining the location for a transgender offender.
3. In making housing and programming assignments, the reviewing authority shall consider, on a case-by-case basis, the least restrictive levels of security and custody needed to promote the health and safety of the offender, and whether such placement would present management or security concerns.
4. A transgender offender’s own views with respect to their safety shall be given serious consideration, including whether they believe they would be more safely housed in a male or female facility.
5. Housing considerations will include all available housing options throughout the DOC.
6. Each facility will develop procedures to promote the safety and privacy of transgender offenders from other offenders in regard to showering and disrobing.
7. Facilities will not place transgender offenders in dedicated buildings, units, or tiers solely on the basis of such identified status.
8. The Bureaus of Prisons and Community Corrections will ensure transgender offenders are housed consistent with their sentence level (Level V or Level IV) absent exigent circumstances.