South Dakota
STATE
5. Offender Screening for Risk of Sexual Victimization and Abusiveness
. . .
L. Offender Placement, Programming, and Work
. . .
2. In making facility, cell/unit housing, and programmatic assignments for transgender or intersex offenders, the DOC will consider on a case-by-case basis whether the assignment would ensure the offender’s health and safety, and whether the assignment would present management or security problems [PREA 115.42].
a. Serious consideration will be given to a transgender or intersex offender’s own view with respect to their own safety [PREA 115.42]. A transgender or intersex offender can notify unit staff of any safety issues verbally or in writing. Unit staff will notify the warden or designee, PREA facility compliance manager and the gender dysphoria treatment committee so that the offender’s safety issues can be addressed.
b. Self-identified transgender and intersex offenders will be given the opportunity to request the opportunity to shower separately from other offenders that do not identify as transgender or intersex [PREA 115.42].
c. DOC will not place lesbian, gay, bisexual, transgender, or intersex offenders in dedicated facilities, units, or wings solely based 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 the purpose of protecting such offenders. Offenders will not be housed based exclusively on external genital anatomy [PREA 115.42].
d. The facility will not search or physically examine a transgender or intersex offender for the sole purpose of determining the offender’s genital status. If the offender’s genital status is unknown, it may be determined during conversations with the offender, by reviewing medical records, or, if necessary, by learning that information as part of a broader medical examination conducted in private by a medical practitioner [PREA 115.15].
e. An offender that identifies as transgender or intersex, may request to be strip searched and pat searched by an employee of the gender the offender identifies with. The request will be honored if an employee of the designated gender is available and willing to conduct the search unless exigent circumstances dictate the need for an immediate search by available personnel. If the requested gender is not available or willing to conduct the search, an informational report shall be written in COMS and forwarded to the PREA facility compliance manager. [PREA 115.15]
f. Offenders will be placed in facilities based upon collaboration between the Gender Dysphoria Treatment Committee, clinical services, administration, and the Office of Offender Services on a case-by-case basis.
g. A gender dysphoria, transgender, or intersex offender may submit requests in writing to the Gender Dysphoria Treatment Committee to address individual circumstances.
Please note that another policy exists entitled South Dakota Department of Corrections Policy No. 1.4.A.05, Management of Gender Dysphoria, but it is listed as non-public on the South Dakota Department of Corrections’ website.