New York
STATE
Transfer to a General Confinement Facility
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5. Each inmate shall be re-assessed by an ORC (Offender Rehabilitation Coordinator) for their risk of being sexually abused by other inmates or sexually abusive toward other inmates using the gender appropriate PREA Risk Screening Form #115.41M or Form #115.41F, in accordance with the facility-specific PREA Risk Screening Facility Operation Manual. Sexual orientation and gender identify information from the PREA Risk Screening shall be used to assign Other Security Characteristics as appropriate.
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Transgender/Intersex Inmate Classification and Placement
1. An inmate who identified as transgender, intersex, or gender non-confirming during PREA Risk Screening, or who has a diagnosis of Gender Dysphoria or Intersex (identified via extended classification codes), shall be asked additional questions by their ORC using the “Gender Identity Interview,” Form #115.41GI, regarding their gender identification, expression, and preferences. The interview will also document the inmate’s statement regarding their safety in connection with decisions regarding their housing and placement. Information from the Gender Identity Interview will be used to assist the Department in making an individualized assessment of the inmates placement and program assignments in order to maximize the inmates safety.
2. Upon request from an inmate who identifies as transgender or intersex for a transfer from a male classified facility to a female classified facility, or vice versa, the ORD shall notify the Supervising Offender Rehabilitation Coordinator (SORC) upon completion of the Gender Identity Interview, Form #115.41GI. The SORC shall notify the Deputy Superintendent for Program Services and the facility’s designated Assistant Deputy Superintendent PREA Compliance Manager. The Deputy Superintendent for Program Services/Deputy Superintendent for Reception/Classification shall notify the Director of Classification and Movement of the inmate’s request via electronic mail, including the completed Form #115.41GI, and the most recently complete gender-appropriate PREA Risk Screening Form #115.41M or Form #115.41F, which shall be used to assist the Department in making an individualized assessment of the inmate’s placement and program assignments, in order to maximize the inmate’s safety. The request will be forwarded to the Central Office Transgender Placement Review Committee for a case-by-case assessment. Housing assignment by gender identify will be made when appropriate.
3. An inmate who identifies as transgender or intersex will not be placed in a gender-specific facility, housing unit, or program based solely on their external genital anatomy.
4. A transgender or intersex inmate’s own views with respect to his or her own safety shall be given serious consideration.
PREA Risk Screening Form – Male Facility – 115.41m.
PREA Risk Screening Form – Female Facility -115.41f.
LOCAL
New York City
WHEREAS, it is the policy of the City of New York that transgender and gender non
conforming people be assured of their right to access to single-sex facilities controlled by the City so that they enjoy equal treatment in the terms and conditions of City employment and the
ability to access City services;
. . .
Section 2. Single-Sex Facility Policy. All employees of City agencies (“Agencies”) and all members of the public using City services must be allowed to use the single-sex facility
within facilities owned or operated by the City that most closely aligns with their gender identity or expression without being required to show identification, medical documentation, or any other form of proof or verification of gender.
I. Purpose
This policy is intended to provide a housing determination process that most closely aligns with an individual’s gender identity and provide supplemental guidelines to staff on operational issues related to LGBTI-GNC-GNB inmates, including identification, searches, housing and programming decisions, and access to programs, services, commissary, toiletries, and clothing items.
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B. Guidelines
1. Facility Determination
a. In deciding housing placement for a transgender, intersex, or gender non-binary inmate, the Department 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 concerns. Persona shall be housed in the facility consistent with their gender identity, absent overriding concerns for the detained person’s safety.
b. The SCDU (Special Consideration Determination Unit) is responsible for making case-by-case decisions about the housing and placement of a transgender/intersex inmate and gender non-binary inmates.
c. Decisions are based on, but not limited to, the following, when determining risk of vulnerability and safe placement of each transgender, intersex and gender non-binary individual:
d. The inmates own views of where they feel safest, as documents on the SCH form, shall be given serious consideration. If an inmate changes their mind of where they feel safest, a new form must be completed and submitted to the SCDU;
e. The inmates prior institutional history (to include incidents and grievances);
f. The inmates prior violent or sexual crime history;
g. Whether the inmate is at risk because the inmate is or is perceived to be gay, lesbian, bisexual, transgender, intersex, gender non-confirming, or gender non-binary;
h. The inmates gender identify including any designation from the PREA Intake Questionnaire (Form PREA-2);
i. Whether the inmate has previously experienced sexual victimization;
j. The inmate’s physical appearance, age, and physical build;
k. Any relevant information obtained about the inmate from the PREA unit, security staff or medical and mental health staff, including information received since arrival;
l. Whether the placement would present management or security problems;
m. Separation orders or requests between inmates and/or staff; and
n. Any other relevant information about the inmate, including information that would present management or security problems.
o. A final determination shall be made by the SCDU. The SCDU will provide its determination for appropriate housing within three (3) business days excluding holidays, unless extenuating factors exist which would require an extension of such time limit. Extenuating factors must be documented and verifiable. The SCDU must retain records concerning all housing applications and determination for no less than three (3) years.
p. LGBTI-GNC and GNB inmates will be processed identified by themselves or by facility staff (at any time while in custody), and processed according to defined procedures. The Department will implement this policy using the following guidelines:
2. Identifying LGBTI-GNC and GNB Inmates
a. When identifying LGBTI-GNC and GNB Inmates the following should be taken into consideration:
i. Inmate self-reports
ii. Information provided by the PREA Unit.
iii. Information provided by the Health Care Provider.
iv. Information contained in the Securing Order.
b. Inmates who are known to the Department to identify as transgender, intersex, or non-binary, or who have self-identified as such, shall be given the opportunity to complete the “Special Considerations Housing Form” (Attachment – A) during intake, booking or at any time while in the Department’s custody. This is an ongoing obligation.
c. Inmates may request the Special Considerations Housing Form from the Department any time after intake, while in the Department’s custody.
d. The Department shall consider all Health Care provider referrals for placement in the SCU.
e. Process for Transgender, Intersex and Non-Binary Individuals
i. Inmates with securing orders that indicate male shall start their custody at a male housing facility. Those inmates who identify as transgender, intersex or non-binary during their PREA screening and meet the guidelines for facility level determinations set forth in paragraphs IV.B.1.c. shall be transferred to a female housing facility for intake and transgender/intersex new admission processing to await determination of the SCDU.
ii. Those individuals whose securing order indicate male; and who identify as gender non-binary during their PREA screening, shall continue through the intake and new admission process at the male housing facility to await a determination from the SCDU.
iii. Inmates with securing orders that indicate female or transgender female shall start custody at a female housing facility. Inmates who identify as transgender, intersex or gender non-binary during PREA screening and meet the guidelines for facility determinations set forth in paragraph III.B.1.c shall remain at the female housing facility, complete the intake and transgender/intersex new admission process and await determination from the SCDU.
iv. All inmates who identify or have been identified as transgender, gender non-binary or intersex must complete the SCH form (Attachment – A) during the intake process.
v. The facility, command, or division accepting an inmate’s written SCH form shall immediately forward the form to the SCDU for processing via email SCDUCommittee@doc.nyc.gov.
f. The Special Considerations Determination Unit will provide its written determination for appropriate housing within three (3) business days excluding holidays, unless extenuating factors exist, which would require an extension of such time limit. Extenuating factors must be verifiable, and the reason must be documented.
g. An inmate’s self-identification as transgender, intersex, and gender non-binary shall be sufficient for consideration for housing by gender identity absent evidence that the inmate is requesting admission for reasons unrelated to identifying as such, or if there are security or management concerns preventing placement within SCU and/or female facility.
3. Inmates who qualify will be housed based on their gender identity in a facility determined by SCDU.
a. Inmates who have indicated a preference for a female facility will be housed either in SCU or considered for placement in an otherwise appropriate housing unit in the female facility (i.e., General Population Unit).
i. Admission to SCU will be on a voluntary basis.
ii. Inmates who do not qualify to be housed at a female housing facility and/or SCU or who have listed a preference to be housed at a male facility that is determined to be appropriate will be transferred to a male housing facility for processing.
iii. Such inmates should be interviewed for Protective Custody (PC).
b. Justification for denial to housing in the inmate’s requested housing facility must be documented in writing and notice of the determination and their right to reconsideration provided to the inmate.
5. HOUSING LESBIAN, GAY, BISEXUAL, TRANSGENDER, AND INTERSEX INMATES
a. In deciding whether to assign a transgender or intersex inmate to a male or female facility and in making other housing and programming assignments, the Department shall consider on a case-by-case basis whether a placement would ensure the health and safety of the inmate and whether the placement would present management or security problems.
b. Placement and programming assignments for each transgender or intersex inmate shall be reassessed at least twice each year to review any threats to safety experiences by the inmate.
c. A transgender or intersex inmate’s own views with respect to his or her own safety shall be given serious consideration.
d. Transgender and intersex inmates shall be given the opportunity to shower separately from other inmates.
e. The Department shall not place lesbian, gay, bisexual, transgender, or intersex inmates in dedicated facilities, units, or wings based 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.
d. For more information as it pertains to lesbian, gay bisexual, transgender, intersex, gender non-binary and gender non-conforming inmates, see Directive 4498, “Lesbian, Gay, Bisexual, Transgender, Intersex and Gender Non-Forming Inmates.”
Policy: Commissioner Vincent Schiraldi Chief’s Order No. HQ-01959-0, Required Use of Transgender and Gender Non-Binary Persons In Custody’s Preferred Name and Pronouns. (Link not available)
Broom County
F. HOUSING OF TRANSGENDER OR INTERSEX INMATES
1. Housing determinations shall be individually tailored and based upon classification factors and an evaluation of the inmate’s emotional and physical well-being.
2. Housing decisions must focus on minimizing the risk of sexual victimization.
3. At no time shall a transgender, gender nonbinary, gender nonconforming or intersex inmate be placed in a dormitory housing area.
4. A transgender, gender nonconforming, gender nonbinary, or intersex person taken into custody shall have the right to request placement in a sex-segregated unit (i.e., a men’s or women’s unit) that is based on their own view of what would be best for their safety, including placement that is consistent with that person’s gender identity.
5. Where a request is made pursuant to paragraph (4) above, the person making the request will be housed in a unit consistent with the sex designation the person in custody indicated is safest for them, unless safety and security concerns prevent such placement. In assessing whether safety and security concerns prevent the requested placement:
a. The requesting person’s own view, with respect to his or her safety, is to be afforded serious consideration in a determination of housing.
b. Reasonable protective measures should be considered and implemented to facilitate the requested placement.
c. If the Sheriff, Jail Administrator, Supervisor, medical staff, or mental health staff, after an individualized determination, have safety, security, or health concerns related to a person’s stated housing preference that cannot be reasonably addressed through reasonable protective measures, the Sheriff or designee may, on a case-by-case basis, deny that person’s housing placement request. Any such denial will be made as soon as practicable and:
i. Be documented in the jail record management system, including the bases on which such denial was made and any alternative protective measures considered;
ii. Be based on a specific and articulable safety, security, or health concern;
iii. Not be based on any discriminatory reason, including but not limited to: (i) the anatomy or genitalia of the person whose housing placement is at issue, (ii) the sexual orientation of the person whose housing placement is at issue, or (iii) a factor that does not bar other people in the requested housing unit.
d. In determining whether a safety, security, or health concern related to a person’s stated housing preference pursuant to paragraph (4) above exists, the complaints of cisgender people who would be housed with such person may be considered only to the extent such complaints state reasonable and articulable safety or security concerns that cannot be addressed through reasonable protective measures, which, if required, shall be applied. A cisgender person’s general desire not to be housed with someone because they are transgender, nonbinary, gender nonconforming, or intersex is not a reasonable and articulable safety or security concern.
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6. Any denial made pursuant to paragraph (5) above shall be made as soon as possible, and no later than 5 days after the request, and shall be available to the person whose housing request has been denied. While housing decisions are final and not grievable, a person in custody may make a subsequent request based on changed circumstances or information not previously considered, and any such request shall be assessed at that time pursuant to the procedure outlined in paragraphs (3-5) above.
7. Should a transgender, intersex, gender nonbinary, or gender nonconforming person report a concern for their safety, the housing unit officer shall immediately notify their supervisor, who will in turn notify the Jail Administrator via the chain of command. A representative of administration shall meet with the concerned inmate to formulate a mutually agreed upon safety plan. LGBTI inmates may not be placed on facility-directed protective custody or otherwise administratively segregated based solely upon their gender identity or sexual orientation or in violation of any state or federal law.
8. If a transgender, gender nonconforming, gender nonbinary, or intersex person must be placed on facility-directed protective custody or otherwise administratively segregated, reviews shall be conducted pursuant to Section 7075.4 of the Minimum Standards and Regulations for Management of County Jails and Penitentiaries, N.Y. Comp. Codes R. & Regs. tit. 9, § 7075.4.
9. In addition to requests made pursuant to paragraph (6) above-which will be considered as they are received-housing decisions shall be reviewed at least in accordance with minimum standards to consider changed circumstances such as allegations or substantiated incidents of sexual misconduct (by staff or other inmates), changes in appearance, upon request of the inmate or as the result of any other relevant information as may be received.
Steuben County
E. Housing
1. Housing determinations shall be individually tailored and based upon classification factors and an evaluation of the inmate’s emotional and physical well-being and in compliance with NYS Commission of Correction regulations.
2. A person taken into custody shall, if that person so desired, have the right to request placement in a sex-segregated unit . . . that is consistent with that person’s gender identity and affirmed sex. The Sheriff and jail shall make a reasonable effort to grant such a request if in accordance with the security requirements of the facility, as set forth in paragraph (3) of this section.
3. If the Sheriff, Jail Superintendent, medical staff, or mental health staff have significant safety, security or health concerns related to a person’s stated housing preference pursuant to paragraph (1) above, the Sheriff or designee may, on a case-by-case basis, deny that person’s housing placement request