Montana
STATE
9. In deciding whether to assign a transgender or intersex offender to a facility, and in making other housing and programming assignments, the Department will consider on a case-by-case basis the placement’s effect on the offender’s safety, whether the placement would present management or security problems, and whether such placement would likely endanger the safety of other offenders.
A review committee consisting of a qualified health care professional, qualified mental health professional, PREA coordinator, chief legal counsel or designee, and the Montana State Prison and Montana Women’s Prison wardens or designees will determine appropriate facility placement of transgender and intersex offenders based on their review of all relevant information.
a. The review committee will conduct an individual assessment of each transgender and intersex offender based upon their specific areas of expertise, knowledge, and control.
b. This assessment will occur as soon as possible following notification to the Department that a transgender or intersex offender has been committed to a Department secure facility but no later than 30 days after arrival at a facility.
c. The review committee may request information or participation from other subject matter experts as needed.
d. All documentation, information, and recommendations of the review committee are confidential and will be maintained in a secure location.
e. The recommendation for facility placement by the review committee will be given to the Director for final approval.
11. Placement and programming assignments for each transgender or intersex offender will be reassessed at least twice each year to review any threats to safety experienced by the offender. A transgender or intersex offender’s own views with respect to his or her own safety will be given serious consideration.