Kansas
In addition to the policies below, the Kansas Department of Corrections published Prison Rape Elimination Act (PREA) audits to its website that include summaries of other policies relevant to housing transgender inmates, but we were unable to obtain those policies.
STATE
II. Facility Placement
A. Transgender and Intersex offenders must not be assigned to gender-specific facilities based solely on their external genitalia. While determining facility placement, the Department must consider physical layout and offender privacy issues.
1. In 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 Department must consider, on a case-by-case basis, whether placement would ensure the offender’s health, safety, and security; and whether the placement would present management or other safety or security concerns.
2. During the interview process to assess any safety concerns, serious consideration must be given to an offender’s own views with respect to his or her own safety.
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III. Intake Screening / Risk Assessment
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C. Upon receipt of the completed Transgender Evaluation Form from the facility, the PREA Coordinator must convene the PREA Accommodation Committee (PAC) to complete the Transgender/Intersex Placement Review.
1. The PAC must consider the following information:
a. The offender’s own views of where he/she feels safe;
b. Medical and Behavioral Health Assessments;
c. Security Threat Group (STG) affiliation;
d. Criminal history – sex or violent offense;
e. Disciplinary Conviction history – sex or violent offense
f. Internal Classification (SVA score)
g. Custody Classification; and,
h. Any other factors impacting safety and security.
POLICY: Kansas Department of Corrections Policy No. P-F-06b, Transgender, Gender Non-Conforming Individuals and Patients with Gender Dysphoria, dated July 1, 2020.
Policy
1. Transgender patients will not be searched or examined by non-medical staff for the sole purpose of determining the patient’s genital status. If necessary, genital status will be determined by interviews or medical records reviews.
2. Transgender and gender non-conforming individuals and/or patients with diagnosis of Gender Dysphoria are considered to be special needs patients.
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5. Patients will not be placed in restrictive housing on the basis of gender identity alone. Classification staff will use the information from the risk screening to determine housing, bed, work, education and program assignments with the goal of keeping separate LGBTQ patients at high risk of being sexually victimized from those at high risk of being sexually abusive. A transgender or gender non-conforming patient’s own views with respect to his or her own safety shall be given serious consideration. Transgender patients will be placed in male or female facilities as determined on a case-by-case basis, and this placement will not be based solely on the individual’s genitalia.
6. Healthcare staff will work with custody staff to ensure that appropriate safety measures are taken in matters of housing, recreation, and work assignments. Staff will report all observed or self-reported incidents of harassment, discrimination, or abuse.
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Procedures
1. Centurion staff will recommend that the patient be temporarily housed in a single cell, if requested for his or her own protection, and the documentation will be immediately forwarded to the Classification Department. The patient will be temporarily housed in a single cell when possible, for his or her own protection, and then reviewed by a multidisciplinary team including security and behavioral health to determine the placement of the individual. The patients’ own views of their personal safety will be taken into consideration when determining housing and in determining which staff members will perform searches of that particular person.
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5. During intake and initial classification screening and when determining whether patients are transgender or gender non-conforming, the following shall be taken into consideration:
a. Patient appearance and behavior and whether or not it matches the gender marker on the patient’s arresting paperwork or identification material
b. Self-reporting from the patient
c. Patient’s past history, if known
d. Any alerts from the transporting agency
e. Any other documentation that may be available to intake and classification staff upon initial screening to include:
i. Gender identity
ii. Gender marker on identification documents
iii. Social gender role in the community prior to incarceration (i.e. was the person living daily life as a man or woman)
iv. Any past diagnosis or treatment for gender dysphoria
v. The patient’s views regarding the safest placement option
vi. An assessment by medical and mental health staff of the potential health impact of placement in a male or female setting (e.g. on PTSD or Gender Dysphoria).
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PREA Audit: Lansing Correctional Facility PREA Facility Audit Report: Final, submitted June 24, 2022.
PREA Audit Language:
Kansas Department of Corrections IMPP: Transgender and Intersex Offender Placement, dated July 7, 2019 page 2, section II. A. 1., “Transgender and Intersex offenders must not be assigned to gender-specific facilities based solely on their external genitalia. While determining facility placement, the Department must consider physical layout and offender privacy issues. 1. In 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 Department must consider, on a case-by-case basis, whether placement would ensure the offender’s health, safety, and security; and whether the placement would present management or other safety or security concerns.”
Kansas Department of Corrections IMPP: Transgender and Intersex Offender Placement, dated July 7, 2019, page 3, section II. A. 1., “For each transgender or intersex offender, the reassessment must be completed at least twice per year to review the appropriateness of placement and programming assignments and to assess any threats to safety experienced by the offender. (28 C.F.R. §§ 115.42 and 115.342).”
Kansas Department of Corrections IMPP: Transgender and Intersex Offender Placement, dated July 7, 2019, page 2, section II. A. 2., “During the interview process to assess any safety concerns, serious consideration must be given to an offender’s own views with respect to his or her own safety.” (f) Kansas Department of Corrections, IMPP 10-143D: Transgender and Intersex Offender Placement, page 3, section IV. B. 1. a., states, “A transgender or intersex offender must be given the opportunity to shower separately from other offenders. a. This offer and their refusal or acceptance of separate shower times must be documented in a case note.