Rhode Island
STATE
IV. PROCEDURES:
A. Determination or Report of Gender Diverse or Intersex Status
1. Gender diverse and intersex inmates must be processed in accordance with standard intake and committing procedures. Please refer to the most recent versions of RIDOC policies 14.01 DOC, Intake and Committing Process, 9.33 DOC, Inmate Housing Assignments, and 18.30 DOC, Receiving Screening and Mental Health Evaluation of New Commitments.
2. During committing, when determining whether inmates are gender diverse or intersex, the following must be taken into consideration:
a. Inmate’s appearance does not match the sex on the inmate’s paperwork or identification.
b. Inmate self-reports.
NOTE: An inmate can self-report their gender identity, or a change in their gender identity, at any time during their incarceration.
c. Arresting/transporting agency, the prosecuting or defense attorney, a parent or guardian, or other credible source has alerted RIDOC staff to the inmate’s gender diverse or intersex status.
d. Inmate’s documented history, if known.
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6. Upon identification of gender diverse or intersex status, gender diverse and intersex inmates must be offered the Statement of Search, Showers and Pronouns Preference Form and the Housing Request Form.
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b. The Housing Request Form is used to identify and document the gender diverse or intersex inmate’s preference to be housed according to their assigned sex at birth or not to be housed according to their assigned sex at birth.
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A. Housing
1. Inmates committed to RIDOC are initially housed in male or female facilities based on their assigned sex at birth. However, housing decisions made thereafter for gender diverse and intersex inmates are not based solely on an inmate’s assigned sex at birth and serious consideration is given to the inmate’s own views with respect to their safety.
2. All recommendations to assign a gender diverse or intersex inmate to a facility that houses male or female inmates must be made on a case-by-case basis by the Gender Diverse and Intersex Review Board to the ADIO and seek to ensure the inmate’s health and safety, while maintaining the safety and security of the facility.
a. Gender diverse and intersex inmates must not be placed in dedicated facilities, units, or wings based solely on 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 protecting such inmates.
b. Gender diverse and intersex inmates must not be placed in a restrictive housing setting solely due to such identification.
c. A gender diverse or intersex inmate’s assigned sex at birth and/or genitalia must not be the sole factor in determining placement in a male or female facility.
Additional Policies: