Georgia

STATE

Policy: Policy: Georgia Department of Corrections Policy No. 507.04.68, Management and Treatment of Transgender Offenders, effective Feb. 1, 2022.

A. General Information
. . .

2. When making housing and programming assignments, the medical, mental health, and facility staff shall consider on a case-by-case basis whether a placement would compromise the offender’s health and safety and any management or security concerns.
3. Separate housing dedicated specifically to Transgender or Intersex offenders shall not be established.
4. Staff shall not physically examine an offender for the sole purpose of determining the offender’s genital status. If unknown, it may be determined during conversations with the offender, by reviewing medical records, or if necessary, as part of a broader medical examination conducted in private by a medical practitioner.
. . .
6. To be diagnosed with Gender Dysphoria, the offender must meet the Diagnostic and Statistical Manual of Mental Disorders (DSM) criteria.
. . .

B. Multi-Disciplinary Team Recommendations:

1. Within thirty (30) days of admission to the facility or within thirty (30) days of a report to staff that an offender reports they have or have been diagnosed with Gender Dysphoria or are Transgender, Intersex or Gender Non-Conforming and requesting accommodations, the facility Classification Committee Chairperson, or designee, shall convene a multidisciplinary team composed of medical, mental health, security and PREA Coordinator’s office, as well as any other staff deemed appropriate.
2. This multi-disciplinary team shall make recommendations about the following:

a. Whether male or female housing is appropriate for the offender;
. . .

3. The multi-disciplinary team shall make recommendations based on all information available, including any evaluation for Gender Dysphoria and any relevant medical and/or mental health assessment.
. . .
4. The recommendations shall be based on, but not limited to the following:

a. The gender of the offender assigned at birth;
b. The offender’s views with respect to his or her own identity and safety and whether or not those views have been consistent;
c. Any relevant characteristics of the offender, including physical stature, any tendency toward violence or predatory behavior, and any vulnerability to violence or predatory behavior;
d. Any relevant characteristics of other offenders with whom the person might be housed or come into contact;
e. Prior institutional history (for example, any previous management problems that impacted the safety or security of other persons or security within the facility);
f. Any co-occurring mental health issues; and
g. Any perceived risks to the continuing safety and health of the offender or others.

5. The final decision on the recommendations shall be used in the development of the offender’s case plan and classification.
6. It is the responsibility of the offender’s treatment team to reassess all Transgender and Intersex persons in custody at least every six (6) months, or more frequently as deemed necessary.

Policy: Georgia Department of Corrections Policy No. 208.06, Prison Rape Elimination Act – PREA: Sexually Abusive Behavior Prevention and Intervention Program, effective Dec. 1, 2014.

D. SCREENING FOR RISK OF SEXUAL VICTIMIZATION AND ABUSIVENESS

c) In deciding whether to assign a transgender or intersex inmate to a facility for male or female inmates, and in making other housing or programming assignments, the Department 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.