Pennsylvania
STATE
A. General
1. Each facility shall ensure that staff effectively interact professionally and respectfully toward transgender and intersex inmates. (28 C.F.R. §115.31[a]) This specialized population may require a more non-traditional approach to best satisfy their housing, security, programming, and other needs.
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5. Standards pertaining to the identification and management of transgender or intersex detainees are not applicable to Lockup facilities. When a detainee presents as gender nonconforming, the detainee shall not be double celled with any other detainee without direct sight and sound observation by staff in the Lockup.
B. Reception and Classification – General
Every inmate shall be assessed upon reception at each facility to which the inmate transfers to within the Department for potential risk of sexual abuse and victimization in order to identify at-risk inmates and ensure safety and security for all inmates committed to the custody of the Department. (28 C.F.R. §115.41)
1. The Prison Rape Elimination Act (PREA) Risk Assessment Tool (PRAT) shall be administered in accordance with Section 9 of this procedures manual. This assessment shall provide an opportunity for the inmate to self-identify as a transgender or intersex individual.
2. If an inmate identifies as a transgender [sic] in a State Correctional Institution (SCI), a DC-97, Mental Health Referral Form shall be completed and forwarded to the Psychology Department to initiate the procedures outlined in accordance with Department policy 13.2.1, “Access to Health Care Procedures Manual.”
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4. Once an inmate has been identified as a transgender or intersex individual, notification shall be sent to the PREA Compliance Manager (PCM).
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e. The transgender or intersex inmate, upon self-disclosure, may be housed with a temporary Z-Code in SCIs or in single room status in Community Corrections Centers (CCCs) and Community Contract Facilities (CCFs) until the PCM and PAC convenes and determines permanent housing placement based on the inmate’s responses to the questions presented in the PAC Checklist.
f. If single room status is unavailable at the current CCC or CCF, the reentrant may, at the discretion of the Bureau of Community Corrections (BCC), be transferred to a facility that can accommodate single room status until the PAC is able to convene.
C. PREA Accommodation Committee (PAC)
1. The purpose of the PAC is to make individualized determinations about transgender or intersex inmates’ privacy, housing, and programming assignments to ensure their safety at the current facility. The PAC is not responsible for decisions or recommendations for the medical treatment of Gender Dysphoria. Medical treatment and medical accommodations shall be the responsibility of medical personnel. (28 C.F.R. §115.42[b])
2. PAC participants must consider all aspects of an inmate’s social and medical transition when formulating recommendations to address safety and privacy concerns affirmatively identified by the transgender or intersex inmate on the PAC Checklist.
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6. Each time a transgender or intersex inmate is transferred to another facility or when a transgender or intersex inmate is directly committed to a facility consistent with gender identity, the PAC at the receiving facility shall be activated to meet with the inmate within five business days to develop facility-specific safety and privacy recommendations utilizing the PAC Checklist.
7. The transgender or intersex inmate shall be invited to attend the PAC meeting unless contraindications exist, or they choose not to attend. The inmate’s presence is not required.
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9. The transgender or intersex inmate shall be informed of the PAC’s privacy and housing recommendations within 48 hours of the PAC meeting, and be permitted the opportunity to concur or object to the recommendation(s).
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D. Administrative PREA Accommodation Committee (A-PAC)
1. In deciding whether to assign a transgender or intersex inmate to a facility that is consistent with his/her gender identity, and in making other privacy, housing, and programming assignments, the Department shall consider, on a case-by-case basis, whether a placement would ensure the health and safety of all impacted inmates and whether the placement or accommodation could potentially present management or security problems. (28 C.F.R. §115.42[c])
2. In SCIs and as requested by the BCC, the A-PAC shall be activated, and the local PAC shall meet as necessary when a transgender or intersex inmate has been identified and the facility or the inmate recommend or request the inmate be housed in a facility that is consistent with his/her gender identity.
3. A transgender/intersex inmate’s own views, with respect to his/her own safety shall be given serious consideration. (28 C.F.R. §115.42[e]) (28 C.F.R. §115.242[d])
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8. Decisions to transfer an inmate to a facility consistent with their gender identity are not permanent and shall be continually reassessed for their continued appropriateness.
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10. An inmate transferred to a facility consistent with his/her gender identity is subject to immediate review by the A-PAC when any of the following conditions are present:
a. the inmate becomes non-compliant with or discontinues treatment for Gender Dysphoria;
b. the inmate engages in a consensual or non-consensual sexual relationship;
c. the inmate engages in assaultive behavior;
d. the inmate engages in sexual harassment of another inmate;
e. the inmate experiences psychological trauma associated with his/her inability to adjust to the new facility; or
f. any other unforeseen security or management concerns emerge.
11. Transgender inmates who are approved for transfer to a facility consistent with gender identification, and who are subsequently returned to the originating gender facility, are not eligible for reconsideration for transfer to a facility consistent with gender identification for at least six months.
F. Transfer
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2. The BPM shall not place transgender or intersex inmates in dedicated facilities, units, or wings solely on the basis of such identification or status, unless such placement is in connection with a consent decree, legal settlement, or legal judgment for the purpose of protecting such inmates. (28 C.F.R. §115.42[g]
3. The A-PAC shall reconvene with the local PAC to reconsider housing placement for the transgender or intersex inmate if circumstances arise which pose a threat to the safety and security of the facility or the health and safety of the transgender or intersex inmate. (28 C.F.R. §115.42[c])
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J. Special Accommodations
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2. The facility PAC may approve individualized, facility-specific accommodations to meet safety and privacy needs of transgender and intersex inmates. An inmate shall address disputed facility-specific accommodations through the grievance procedures outlined in Department policy DC-ADM 804, “Inmate Grievance System.”
LOCAL
Sheriff’s Office City & County of Philadelphia
4. GENDER CLASSIFICATION GUIDELINES FOR TRANSGENDER INDIVIDUALS WHO HAVE BEEN ARRESTED
A. An arrestee’s gender will be classified as it appears on the individual’s government-issued identification card.
1. If an individual explicitly informs personnel that they are transgender, and an officer finds a record for an individual (NCIC or any other law enforcement record) that lists a different gender from what the individual is currently presenting, the officer shall notify the cell block assistant (CBA) or police correctional officer (PCO) before delivering the individual into their custody. The CBA/PCO will document the information in the “Notes” section on the Prisoner Flow Chart/Medical Checklist and in the “Prisoner Log.”
NOTE: If the individual refuses to provide their gender identity, the individual will be housed in a single cell according to their gender expression.
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6. TRANSPORTATION, DETENTION, AND PROCESSING
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B. Transgender arrestees will be housed in a secure single cell. The designated holding facility of adult transgender arrestees will be the Police Detention Unit (PDU).
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D. Transgender juvenile arrestees shall be taken directly to Divisional Headquarters and housed in a secure single cell. The only exceptions will be for detainees suspected of sexual offenses or homicide, which will be handled by the pertinent investigative unit.
NOTE: If there is no empty cell for a juvenile prisoner at Divisional Headquarters, the ORS at Divisional Headquarters will call other districts within their division for secure holding placement.
1. Transgender juveniles taken into custody for Status Offenses only, will be taken directly to the designated non-secure holding facility for that division and be guided by Directive 5.5, “Juveniles in Police Custody, Appendix B.”
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NOTE: If the individual refuses to provide their gender identity, the individual will be housed in a single cell according to their gender expression.
Alleghany County
D. Housing
The following processes shall take place to determine appropriate initial and long-term housing of a transgender or intersex inmate:
1. Initial housing decisions shall be based on:
a. Inmate’s responses to the Booking Observation Questions (BOQ);
b. Consideration of the inmate’s health and safety; and
c. Consideration for placing the inmate in a location that minimizes management and security problems.
d. The Intake Sergeant will house the transgender or intersex inmate according to their legal gender identity until a committee appointed by the warden can determine long term housing.
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E. Transgender/Intersex Housing Committee
1. The Warden shall appoint a committee to convene a housing meeting to determine long term housing for transgender and intersex inmates. This committee shall meet within 72 hours (excluding weekends and holidays) of the inmate being processed into the ACBOC. This committee will include representatives from the following departments: Administration, Medical, Mental Health, Classification and the PREA Compliance Manager.
2. The committee will determine whether to assign a transgender or intersex inmate to a male or female housing unit and in making other programming and security assignments. The ACBOC 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.
3. A transgender or intersex inmate own views with respect to his or her safety shall be given serious consideration. They will be given the opportunity to shower separately from other inmates.
4. To accomplish this, the committee will meet to discuss a recommended housing plan. The plan will be developed with consideration of an assessment completed by medical and mental health professionals, information obtained from the Booking Observation Questions, Classification process, PREA Assessment, and from an interview with the inmate. The written recommendation will be forwarded to the Warden for final approval.
5. The housing committee shall determine if the transgender or intersex inmate will be housed in the general population or in a protective custody unit of the gender consistent with their gender identity. The assignment shall be justified in writing and stored in the inmate’s classification file. A housing plan will be developed and maintained by the Transgender/Intersex Housing Committee.
6. If it is determined that a transgender or intersex inmate can be housed in the general population, the inmate shall be transferred to a unit that matches his/her classification level.
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8. A transgender or intersex inmate will be housed in administrative or protective custody when there is reason to believe the inmate presents a heightened risk to him/herself or others, or where the inmate fears he/she will be vulnerable to victimization in any other housing setting. This assignment shall be only for the period during which the heightened risk and/or fear exists. Transgender and intersex inmates in administrative segregation and protective custody shall have access to programs and services consistent with that status.
9. The Housing Committee will reassess placement and programming assignments for each transgender or intersex inmate at least twice a year to review any threats to safety experienced by the inmate.
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Use of Screening Information/Confidentiality
2. Classification shall use this information to determine housing and bed assignments with the goal of keeping transgender and intersex inmates at high-risk to be victimized from those at high-risk to be abusive.
3. Classification and other Staff shall make individualized determinations on how to ensure the safety of every inmate.