New Mexico
STATE
D. Inmates are screened within 24 hours of arrival at the facility for potential vulnerabilities or tendencies of acting out with sexually aggressive behavior. Housing assignments are made accordingly. [5-ACI-3D-10]
. . .
G. The facility shall not search or physically examine a transgender or intersex inmate for the sole purpose of determining the inmate’s genital status. If the inmate’s genital status is unknown, it may be determined during conversations with the inmate, by reviewing medical records, or, if necessary, by learning that information as part of a broader medical examination conducted in private by a medical practitioner. [§115.15e]
H. The agency shall use information from the risk screening required by § 115.41 to inform housing, bed, work, education, and program assignments with the goal of keeping separate those inmates at high risk of being sexually victimized from those at high risk of being sexually abusive. [§115.42a]
I. The agency shall make individualized determinations about how to ensure the safety of each inmate. [§115.42b]
J. 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. [§115.15d]
. . .
PROCEDURE:
A. Intake, Classification and Placement
1. During intake and the initial classification screening and when determining whether inmates are transgender or gender non-conforming, the following shall be taken into consideration:
a. Inmate appearance and behavior and whether or not it matches the gender marker on the inmate’s arresting paperwork or identification materials
b. Self-Reporting from the inmate
c. Inmate’s past history, if known
d. Any alerts from the transporting agency
2. Any other documentation that may be available to intake and classification staff upon initial screening to include:
a. Gender identity
b. Gender marker on identification documents
c. Social gender role in the community prior to incarceration (i.e. was the person living daily life as a man or woman)
d. Any past diagnosis or treatment for Gender Dysphoria.
e. The inmate’s views regarding the safest placement option.
f. 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).
3. The inmate should be temporarily housed in a single cell, for his or her own protection, and the paperwork be immediately and confidentially forwarded to The Cabinet Secretary or Director of Adult Prisons.
4. The inmate may choose to fill out a Transgender Preference Form documenting the individual’s preferred pronoun and name. The form will be retained in the inmate’s file in the classification section.
5. If the intake process and classification has determined that an inmate is transgender, intersex, or gender non-conforming they will contact the Director of Adult Prisons in a confidential manner for further assessment in placing the inmate within seventy-two (72) hours of intake.
. . .
B. Transgender Advisory Group
1. The Cabinet Secretary or Director of Adult Prisons will assign a Transgender Advisory Group when notified by intake/classification that an inmate presents as transgender, intersex, or gender non-conforming to determine individualized placement in an appropriate facility. The group will take into consideration the needs, vulnerability and safety of the inmate as well as the safety of the current population at the receiving facility.
2. In deciding whether to assign a transgender or intersex inmate to a facility for male or female inmates, and in making other housing and programming assignments, the Transgender Advisory Group 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. . [§115.42c]
3. The agency shall not place lesbian, gay, bisexual, transgender, or intersex inmates 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 inmates.[115.42g]
4. The Transgender Advisory Group will review the intake and classification documentation and make a determination as to the placement of the individual in an expeditious manner.
. . .
5. A transgender or intersex inmate’s own views with respect to his or her own safety shall be given serious consideration. [115.42e]
6. If needed, the Transgender Advisory Group may consult with an identified member of the Transgender Resource Center of New Mexico who is knowledgeable with the issues surrounding transgender and gender nonconforming people to advise on appropriate housing to the classification officer and/or the programs and services needed by the individual.
. . .
8. The Transgender Advisory Group will make decisions based on majority within fourteen (14) days of the inmate’s intake date. The decisions made are for advisory only and can be overridden, changed, or enhanced by the The Cabinet Secretary or Director of Adult Prisons at any time during the process.
See also Transgender Statement of Preference Form Attachment (CD-150801.1)
To be filled out either by an offender or a staff member with input from the offender. Requests the following information: Birth Sex; Gender Identification; Transgender: MTF or FTM; Name Preference: Pronoun Preference (He/She); Housing Preference: Male Unit, Female Unit or no preference; preference to be searched by a male or female staff member.
I. Inmates shall be screened within 48 hours of arrival at the facility and reassessed 25 days after the inmate’s arrival, for potential vulnerabilities or tendencies of acting out with sexually aggressive behavior. Inmates will be reassessed thereafter due to a referral, request, incident of sexual abuse or sexual harassment, or receipt of additional information that bears upon an inmate’s risk of sexual victimization or abusiveness. Housing and program assignments will be made accordingly. Transgender and Intersex inmates shall be screened every six months. In the event of an incident, both the inmate perpetrator and/or inmate victim will be re-screened.[4-4281-2] [§115.41]
. . .
K. Transgender and intersex inmates shall not be searched or examined by non-medical staff for the sole purpose of determining the inmate’s genital status. Genital status shall be determined by interviews or medical records reviews. A transgender or intersex inmate’s own views with respect to his or her own safety shall be given serious consideration.
[§115.15] [§115.42]
LOCAL
Bernalillo County
Policy: Bernalillo County Metropolitan Detention Center No. SEC 8.17, Inmate Searches, revised May 2022.
The facility will not search or physically examine a transgender or intersex inmate for the sole purpose of determining the inmate’s genital status. No security staff may conduct a visual inspection of an inmates genitalia in an effort to determine the gender or genital status of an inmate.
H. General Housing Assignments:
. . .
2. In addition to other relevant information, Classification staff will also consider the screening for risk of victimization and abusiveness conducted pursuant to Policy.
3. In deciding whether to assign a transgender or intersex inmate to the MDC for male or female inmates, and in making other housing and programming assignments, the facility will 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.
a. A transgender or intersex inmate’s own view with respect to his or her own safety will be given serious consideration.
4. Transgender and intersex inmates will be given the opportunity to shower separately from other inmates regardless of where they are housed.
5. MDC will not place lesbian, gay, bisexual, transgender, or intersex inmates in dedicated units or pods solely on the basis of such identification of status, unless such placement is in a dedicated unit or pod established in connection with a consent decree, legal settlement, or legal judgment for the purpose of protecting such inmates.
- Placement and programming assignments for each transgender or intersex inmate will be reassessed at least twice each year to review any threats to safety experienced by the inmate.
Policy: Bernalillo County Metropolitan Detention Center, Inmate Handbook, revised Sept. 2022.
MDC will not search or physically examine a transgender or intersex inmate for the sole purpose of determining the inmate’s genital status.
The decision on where to house a transgender or intersex inmate will be made on a case-by-case basis and take into consideration the inmate’s own views with respect to their own safety.
If at any time you feel unsafe in your housing unit, you can use the tablet to send Classification a request to move.
If you feel you are in immediate danger notify the Pod Officer and steps will be taken to ensure your safety.
Transgender and intersex inmates will be given the opportunity to shower separately from other inmates.
Transgender and intersex inmates are required to request to shower separately by notifying the Pod Officer and arrangements will be made to accommodate this request.
MDC, in partnership with the Transgender Resource Center of New Mexico, are offering assistance with legal name change, ID document updates, and other related services. You can contact your Social Services Coordinator if you would like to use these services.
Additional Policies:
Bernalillo County Metropolitan Detention Center No. FMDC 103, PREA Profile Checklist.
Bernalillo County Metropolitan Detention Center No. FMDC 186, Transgender Inmate Checklist.
Bernalillo County Metropolitan Detention Center No. FMDC 137, LEA/Processing Check Sheet.
Santa Fe County
Inmates must be screened within 24 hours of arrival at the facility by the case manager assigned to the booking department. Inmates must be re-screened within 30 days after the inmate’s arrival by the respective case manager assigned to the inmate’s unit for potential vulnerabilities or tendencies to act out sexually aggressive behavior. In the event of an incident, the inmate perpetrator and victim will be re-screened within 14 days (conducted by the unit’s assigned case manager). Inmates will also be re-screened due to a referral, request, incident of sexual abuse, or receipt of additional information that bears upon an inmate’s risk of sexual victimization or abusiveness. Housing and program assignments will be made accordingly. Transgender and Intersex inmates shall be screened every six months. [§115.41]
. . .
Transgender and intersex inmates shall not be searched or examined by non-medical staff for the sole purpose of determining the inmate’s genital status. Genital status shall be determined by interviews or medical records reviews. A transgender or intersex inmate’s own views concerning safety shall be considered seriously. [§115.15] [§115.42]
Additional Policies:
Bernalillo County Metropolitan Detention Center, Employee Reference Booklet, revised Apr. 26, 2023.
Bernalillo County Metropolitan Detention Center, No. FPER 008, PREA Staff Training Acknowledgement.
Doña Ana County
6.A. Cross Gender Viewing and Searches/Searches of Transgender Detainees [§ 115.15]
. . .
e. No staff member shall conduct a search of a transgender or intersex detainee solely for the purpose of determining genital status. If the detainee’s genital status is unknown, it may be determined during conversations with the detainee, by reviewing medical records, or, if necessary, by learning that information as part of a broader medical examination conducted in private by a medical practitioner.
7.C. Use of Information Obtained from Screening [§ 115.42]
c. In deciding whether to assign a transgender or intersex detainee to a facility for male or female detainees, and in making other housing and programming assignments, the agency shall consider on a case-by-case basis whether a placement would ensure the detainee’s health and safety, and whether the placement would present management or security problems.
d. Placement and programming assignments for each transgender or intersex detainee shall be reassessed at least twice each year to review any threats to safety experienced by the detainee.
e. A transgender or intersex detainee’s own views with respect to his or her own safety shall be given serious consideration.
f. Transgender and intersex detainees shall be given the opportunity to shower separately from other detainees.
g. The Detention Center shall not place lesbian, gay, bisexual, transgender, or intersex detainees in dedicated facilities, units, or wings solely on the basis of such identification or status unless pursuant to a legal settlement or judgment