Indiana

STATE

Policy: State of Indiana Department of Correction Policy and Administrative Procedure Number 02-01-118, Inclusive Gender Practices For Incarcerated Individuals, effective March 1, 2023.

VI. HOUSING ASSIGNMENT:

In deciding whether to assign a transgender, gender diverse, or intersex incarcerated individual to a facility of their identified gender and in making other housing and programming assignments, the Department shall consider, on a case-by-case basis, whether a placement would ensure the incarcerated individual’s health, safety, and security; and whether the placement would present management or other safety or security concerns. Serious consideraton shall be given to such an incarcerated individual’s own views with respect to their own safety.

The Transgender Review Committee shall consider the following information at minimum:

A. The incarcerated individual’s own views of where they feel safe;

B. Medical and Mental Health assessment;

C. Security Threat Group (STG) affiliation;

D. Criminal history: sex or violent offense;

E. Conduct history: sex or violent offense;

F. PREA flag status:

G. Gender expression;

H. Policy and Administrative Procedure 01-04-101, “Adult Classification,”

I. Policy and Administrative Procedure 01-07-101, “The Development and Delivery of Programs, Pre-Release, and Case Management;”

J. Security level; and,

K. Any other factors impacting safety and security.

This committee shall discuss treatment suggestions and accommodations made by the Transgender Review Committee and determine whether the incarcerated individual is housed in a location that will offer safety and security for them and the Department. Serious consideration shall be given to the facility’s assessment recorded on State Form 56492. The findings of this committee shall be documented and a recommendation forwarded to the office of the Deputy Commissioner of Operations for review and decision.

Following the Deputy Commissioner of Operation’s decision on the recommendation, it shall be forwarded to the Executive Director of Classification, who shall notify the facility’s Warden and cause the Deputy Commissioner of Operation’s decision to be effected. The completed State Form 56492 and State Form 56615 shall be filed in the incarcerated individual’s medical record, in the confidential section of their facility packet, and scanned into IRIS. The Warden or designee shall notify the individual of the decision.

Transgender and intersex incarcerated individuals may not be assigned to gender-specific facilities based solely on their external genital anatomy. While determining housing placement, the Department shall consider physical layout and incarcerated individuals’ privacy issues when determining location. Facilities shall not place transgender or intersex incarcerated individuals in dedicated buildings, units, or ranges solely on the basis of such identified status.

The Division of Classification, in consultation with the Department’s Executive Staff, including the Chief Medical Officer and Executive Director of Behavioral Health, shall ensure transgender and intersex incarcerated individuals are housed in a manner consistent with their medical and mental health needs, sentencing level, and Policy and Administrative Procedure 01-04-101.

Policy: State of Indiana Department of Correction Policy and Administrative Procedures Number 02-01-115, effective April 1, 2020.

C. Use of Screening Information (115.42)
. . .

2. The Department shall make individualized determinations about how to ensure the safety of each offender.
3. In deciding whether to assign a transgender or intersex offender to a facility for male or female offenders (see Policy and Administrative Procedure 02- 01-118, “Transgender and Intersex Offenders”), and in making other housing and programming assignments, the Department shall consider on a case-by-case basis whether a placement would ensure the offender’s health and safety, and whether the placement would present management or security problems.
4. Placement and programming assignments for each transgender or intersex offender shall be reassessed twice each year to review any threats to safety experienced by the offender.
5. A transgender or intersex offender’s own views with respect to their own safety shall be given serious consideration.
. . .
7. The Department shall not place lesbian, gay, bisexual, transgender, or intersex offenders 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 offenders.

Policy: State of Indiana Department of Correction Policy and Administrative Procedure Number 01-04-101, Adult Classification, Effective Date, June 1, 2022.

XIII. CONSIDERATIONS FOR OFFENDER CELL ASSIGNMENTS

C. Upon the arrival of an offender following a transfer from another facility, staff shall thoroughly review the offender’s packet, offender information system, IRIS, and any other pertinent information (e.g., Medical, Mental Health, STG, Investigations and Intelligence, gender identity issues, etc.) to determine whether there is any information that might require special consideration in the assignment of the offender to a particular housing unit, or a double-cell assignment.

In reviewing the offender’s packet and offender information system screens, IRIS records, and any other pertinent information, staff shall pay particular attention to the following areas:

1. Gender Identity: Used to classify a person as male, female, both, or neither. Gender encompasses aspects of social identity, psychological identity, and human behavior.
2. Intersex Identity: Used to classify a person whose reproductive, genetic, or sexual anatomy does not seem to fit the typical definitions of female or male. Intersex identification does not necessarily mean the offender also identifies as Transgender.