Oregon
STATE
C. SCREENING FOR RISK OF SEXUAL VICTIMIZATION AND ABUSIVENESS
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f. In deciding AIC housing and programming assignments for transgender or intersex AICs, the department shall consider on a case-by-case basis whether a placement would ensure the AIC’s health and safety, and whether the placement would present management or security problems.
(1) If requested, transgender and intersex AICs shall be given the opportunity to shower separately from other AICs.
(2) A transgender or intersex AIC’s own views with respect to their own safety shall be given serious consideration.
2. The PREA Compliance Manager or designee will review placement and programming assignments for each transgender or intersex AIC at least twice each year to review any threats to safety experienced by the AIC.
3. The department makes individualized determinations about how to ensure the safety of each AIC including housing, work assignments and access to services.
4. The department shall use information from the risk screening to inform housing, bed, work, education, and program assignments with the goal of keeping separate those AICs at high risk of being sexually victimized from those at high risk of being sexually abusive.
(1) Identification at Intake: Staff shall seek to identify AICs who present or identify as transgender or intersex upon delivery to the Department of Corrections during intake processing, based on available information from the county, the AIC [Transgender and Intersex] (including the AIC’s stated gender identity, if any), and as developed by staff.
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(a) Staff shall interview AICs regarding their sex and gender identity only when necessary to develop information for making appropriate intake and housing assignments, classification assignments, programming assignments; to provide health care and health assessments; and as necessary for the AIC’s health or safety, or for the safe, secure, and orderly operation of the facility.
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(c) Designated staff shall submit information to the Transgender and Intersex Committee for review and determination of appropriate housing placement.
(3) Initial Placement in Holding Cell: When staff identify an AIC who presents or identifies as transgender or intersex during intake processing, staff shall place the AIC in a holding cell with no other AICs present to provide for the AIC’s safety and to provide the AIC with a measure of privacy pending further review.
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(5) Intake Housing Assignment:
(a) Following initial placement in a holding cell, an AIC who identifies as transgender or intersex during intake processing shall be assigned to a single cell in the Infirmary, on a space available basis, until the appropriate housing for the AIC has been staffed by the Transgender and Intersex Committee.
(b) If there are no infirmary beds available, the functional unit manager or designee will assign the AIC to appropriate alternative housing in the facility, and document the reasons for the alternative housing assignment.
(1) The Transgender and Intersex Committee will collect and review relevant information regarding AICs who identify as transgender or intersex and make appropriate facility and housing assignment decisions on a case-by-case basis.
(2) The Transgender and Intersex Committee will notify staff at the receiving facility of facility and housing assignment decisions regarding the AIC prior to the AIC’s transfer.
(3) When an AIC is assigned to a facility by the Transgender and Intersex Committee, designated facility staff will determine and assign the AIC to appropriate housing within the facility unless the AIC’s housing assignment has been specifically directed by the Transgender and Intersex Committee.
(4) An AIC who identifies as transgender or intersex may not be transferred to another facility without the Transgender and Intersex Committee approval.
Policy: Transgender and Intersex Committee, Frequently Asked Questions, accessed Oct. 24, 2023.
LOCAL
Multnomah County
Policy: Multnomah County Sheriff’s Office, Corrections Division Special Order 14-32, December 31, 2014.
7.7.13 General Requirements
1. MCSO has zero tolerance for any staff sexual misconduct or sexual harassment directed toward LGBTQI arrestees/inmates. MCSO has zero tolerance for derogatory terms used toward LGBTQI inmates. . . .
2. When discussing an arrestees/inmates sexual orientation or gender identity, for the purpose of making placement and custody decisions, Corrections Division staff must recognize the sensitive nature of the topic and potential repercussions for the inmates. Appropriate staff sharing will be conducted through the CIMS system. Sharing this information with other inmates is inappropriate, and absolutely prohibited.
3. Conversations involving the transgender inmate in regards to their gender identity shall be conducted in private. Private areas may include; a medical exam room or single cell.
4. If an inmate discloses their sexual orientation or gender identity to staff without prompting during their custody, the staff member will report the information to their supervisor to ensure review of the inmate’s classification.
5. In an effort to avoid confusion, and provide consistency from staff, an LGBTQI inmate’s last name should be used when possible.
6. Staff shall not search, or physically examine a transgender-identified arrestee/inmate for the sole purpose of determining the inmate’s sex at birth.
7. Upon identification of a transgender inmate staff shall conduct searches in accordance with the inmate’s identified gender, in accordance with Corrections Division Chapter 7.7 Searches.
8. Inmates may not be disciplined for refusing to answer or for not disclosing complete information in response to screening questions regarding gender identification.
9. Transgender Inmates will only be held in single cells for their protection. This housing option is to be non-punitive, and must not result in any unnecessary loss of privileges, programs or access to medical or mental health care.
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7.7.14 Intake/Admissions
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3. When determining whether inmates identify as transgender, the following should be taken into consideration:
A. An arrestee’s appearance or behavior does not match the gender marker on the arrestee’s custody paperwork or identification;
B. The arrestee self- reports. If there is doubt or a question concerning the validity of the self-report, the deputy shall consult the Intake Sergeant;
C. The arresting/transporting agency has alerted the MCSO staff to the arrestee’s transgender/gender identity;
D. Prior booking records/ medical records; and,
E. Identification carried by the person identifies their gender, or conflicting gender markers on identification.
4. Upon completion of the initial booking process the Sergeant shall determine placement of the arrestee in open holding or assignment to a single cell. This determination shall be made after consulting both medical staff and the arrestee.
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7.7.16 Classification Criteria
1. Inmates identified as transgender shall be housed at MCIJ at dorm 18, or at MCDC in Module 4A, for up to 72 hours, excluding weekends and holidays, while the Transgender Review Board assesses appropriate housing options that address the following concerns:
A. Safety;
B. Protecting inmates at high risk for abuse;
C. Minimizing perceived or actual fear of becoming a victim of violence
2. In accordance with Corrections Division Operations Manual, Chapter 13, LGBTQI inmates will have opportunities to seek changes in classification through submission of a Service Request Form.
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7.7.20 Transgender Review Board
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2. The Board shall meet to consider the case of each inmate who is identified as transgender within 72 hours, excluding
holidays/weekends, from the time the inmate was booked into custody.
3. Prior to meeting, the Facility Commander, or their appointee, shall meet with the inmate to discuss the purpose of the Review Board and to explain the following:
B. Explaining the housing process;
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4. The Transgender Review Board shall discuss the specifics of the transgender inmate’s case to determine the most appropriate housing option(s).
5. The Transgender Review Board shall be given access to only the clinical information necessary to make a determination regarding the safe housing of the inmate.
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7. The Board will develop a Management Plan for the inmate which outlines the following:
A. Housing Assignment;
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I. When developing the Management Plan, the Review Board shall:
J. Take into consideration preferences and requests made by the inmate. Such requests from the inmate shall be considered as part of the review board’s discussions, but shall not be the only determining factors;
K. Consider the physical and psychological findings provided by medical staff; and
L. The safety and security issues as they relate to inmate and staff, as well as the operations of the facility.
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8. The Board shall conduct reviews every 30 days to ensure transgender inmates remain appropriately housed.
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11. The Transgender Review Board has the ultimate authority in regards to making any housing changes pertinent to a transgender inmate.
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3. The Transgender Review Board will periodically review cases with approved community advocates. Names and medical conditions will be redacted from these reviews to ensure the inmate’s rights within HIPPA are maintained.