South Carolina
STATE
2. THE MULTIDISCIPLINARY MANAGEMENT AND TREATMENT TEAM:
2.1. The Multidisciplinary Management and Treatment Team will, on a case-by-case basis, create individualized management accommodation plans that will provide for all medically necessary treatment, including personal adjustment and housing needs and search preferences, where deemed medically necessary.
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2.3. The Prison Rape Elimination Act Coordinator will, with the assistance of the Chief Legal and Compliance Officer, oversee compliance with the individualized management accommodation plans created by the Multidisciplinary Management and Treatment Team.
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3. HOUSING OF TRANSGENDER INMATES AND INMATES DIAGNOSED WITH GENDER DYSPHORIA
3.1. In deciding whether to house transgender inmates and inmates with gender dysphoria in a facility for male or female inmates, and in making other housing decisions (bathroom and shower access) and programming assignments, the Multidisciplinary Management and Treatment Team will consult with the Division of Operations as well as Central Classifications to create a plan with a reasonable outcome for the inmate and institution as a whole. Safety concerns will be taken into account.
3.2. The following factors, along with 3.1 above, must be given serious consideration in making housing and placement decisions:
• The inmate’s views with respect to safety;
• The inmate’s expressed gender identity;
• The inmate’s current gender expression;
• The inmate’s vulnerability to victimization;
• The likelihood that the inmate will perpetrate abuse;
• Facility considerations such as staffing patterns, physical layout, and inmate population;
• Length of sentence.
1.2 Inmate Intake, Screening, and Assessment:
1.2.1 Screening for Risk of Sexual Victimization and Abusiveness: All inmates shall be assessed during an intake screening and upon transfer to another facility for their risk of being sexually abused by other inmates or sexually abusive toward other inmates.
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1.2.1.2 Information provided from the screening assessment will be used to determine the inmate’s housing, bed, 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.
1.2.1.3 Inmates who self-identify as transgender or intersex will be assessed and provided the minimally necessary accommodations on a case-by-case basis. For those inmates who self-identify as transgender, information will be provided to the Agency’s Multidisciplinary Management and Treatment for individualized case management and review.
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1.2.1.5 Those inmate cases that are brought before the Agency’s MMTT will be discussed on a case-by-case basis with the intention of ensuring the inmate’s health and safety, and whether the placement would present management or security problems.
1.2.1.6 No inmate will be placed specifically on their identity of lesbian, gay, bisexual, transgender, or intersex.
4.5: In determining housing and programming for inmates who identify as transgender, or intersex, assignment staff will complete the PREA Screening Application and will document the inmate’s preferences in their assignment. Decisions on housing, programming, and other placements will be determined on a case-by-case basis. [PREA Standard(s) 115.42]
4.6: Inmates who identify as transgender or intersex during confinement will have their own perceptions of safety and housing documented and considered on a case-by-case basis. [PREA Standard(s) 115.42 (d)]
4.7: Those inmates identified by the MMTT as transgender, intersex, or diagnosed with gender dysphoria, will be provided an individualized accommodation plan. All individualized accommodation plans will be followed by SCDC Staff, absent exigent circumstances, whenever possible in consideration with employee, security, and safety concerns.
5.1.1 On a case by case basis, the Gender Dysphoria Multi-Disciplinary Team will determine whether to assign a transgender or intersex inmate to an institution for male or female inmates. The placement decision will be based on the inmate’s own views with respect to his or her health and safety, and whether such decision will present a management or security problem. (PREA Standard 115.42)
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5.1.7 Initial Housing of LGBT (lesbian, gay, bisexual, and transgender) inmates: Lesbian, gay, bisexual, transgender, or intersex inmates will not be housed solely on the basis of such identification unless placed for the purpose of protecting the inmate. Transgender and intersex inmates will be given the opportunity to shower separately from other inmates. Placement and program assignment of transgender and intersex inmates will be reassessed every six months to review any threats to safety experienced by the inmate. (PREA Standard 115.42)
Additional Policies: