Michigan

STATE

Policy:State of Michigan Department of Corrections Lansing Director’s Office Memorandum 2023-3, effective Jan. 1, 2023 (supersedes DOM 2022-28 (01/01/2022)).

HOUSING REQUEST  

Offenders with a gender identity defined above may make a housing request to be reviewed by the Gender Dysphoria Review Committee (GDRC).  If there is a specific safety or security concern, the offender may request protection pursuant to PD 05.01.140 “Prisoner Placement and Transfer”.   

Housing assignments shall be considered on a case-by-case basis utilizing the below “Individual Risk Assessment of Housing Placement,” including considering whether a placement would compromise the offender’s health and safety and whether the placement would present any management or security problems.  

The MDOC shall not place transgender or intersex offenders in dedicated facilities, units, or wings solely on the basis of such identification, status, or based solely on their external genital anatomy.  

The MDOC shall comply with all relevant housing laws, statutes, and related standards. Refer to PD 05.01.140 “Prisoner Placement and Transfer” for more details. 

See also Section “Individual Risk Assessment of Housing Placement” for enumerated gender, safety, general and behavioral health, and housing questions.  

Policy: Michigan Department of Corrections Policy Directive No. 03.03.140, Sexual Abuse and Sexual Harassment of Prisoner – Prison Rape Elimination Act (PREA), effective April 5, 2021.

RISK ASSESSMENTS

KK. All prisoners shall be assessed during an intake screening and upon transfer to another facility for their risk of being sexually abused by other prisoners or being sexually abusive toward other prisoners.
. . .
Prisoners shall be asked:

1. Questions relating to mental, physical, or developmental disabilities.
2. Whether they are, or are perceived to be, gay, lesbian, bisexual, transgender, intersex, or gender nonconforming.
3. Whether they have been previously victimized.
4. What is their perception of being vulnerable.
. . .

LL. Results of the risk assessment shall be considered when making housing, bed, work, education, and program assignments with the goal of keeping separate those prisoners at high risk of being sexually victimized from those at high risk of being sexually abusive.
. . .
Employees designated by the Warden shall complete both PREA Risk Assessments if any of the following occur:

1. Within 72 hours of a prisoner’s arrival at a correctional facility, including intake.
2. Whenever warranted due to a referral, request, incident of sexual abuse, or receipt of additional information that may increase the prisoner’s risk of being sexually abused by other prisoners or being sexually abusive toward other prisoners.

MM. In addition to the PREA Risk Assessments required in Paragraphs KK and LL employees designated by the Warden shall complete a PREA-Risk Assessment Review-Prison:

1. No earlier than 14 days but no later than 30 calendar days of arrival, including intake (unless the prisoner transfers from the facility prior to 30 days).
2. When it has been 12 months since the last review.
The review shall consist of review of the most recent victim and aggressor risk assessments, including asking questions relating to mental, physical, or developmental disabilities, whether they are, or are perceived to be, gay, lesbian, bisexual, transgender, intersex, or gender nonconforming, previous victimization, or their own perception of vulnerability.

NN. If the assessment/review indicates a change in designation, the PREA overall designation shall be updated in the Department’s computerized database. If a prisoner self-identifies as an LGBTI prisoner, the specific category they identify shall be documented to ensure their safety and necessary services.

Policy:Michigan Department of Corrections Policy Directive No. 04.06.184, Gender Dysphoria, effective June 26, 2017.

C. Gender Dysphoria Collaborative Review Committee (GDCRC)
. . .
G. When making housing and programming assignments, the GDCRC and facility staff shall consider on a case-by-case basis whether a placement would compromise the prisoner’s health and safety and any management or security concerns.
. . .

INDIVIDUAL MANAGEMENT PLAN AND PLACEMENT

L. If the evaluation(s) supports a diagnosis of Gender Dysphoria, the evaluator shall formulate an individual management plan in consultation with the referring integrated treatment team and GDCRC. An Individual Management Plan for Gender Dysphoria (CHJ-339) form shall be used for this purpose. The evaluator shall give consideration to all of the following in development of the plan:

1. Facility placement and housing in accordance with Prison Rape Elimination Act (PREA) standards (generally single-occupancy cell);

Additional Policies: 

Michigan Department of Corrections Policy Directive No. 05.01.140, Prisoner Placement and Transfer, effective Oct. 2, 2023.