Tennessee

STATE

Policy: State of Tennessee Department of Correction Administrative Policies and Procedures Index 113.37, Gender Dysphoria, Transgender, Transsexual, Intersex, and Gender Non-Confirming Conditions, effective Jan. 15, 2019.

E. Placement: Facility and housing assignments shall be made on a case-by-case basis, and documented on pages 1 and 2 of the PREA Housing and Programs Review, CR-4086, considering the patient’s health and safety, as well as, potential management and security concerns. An inmate’s own views regarding safety shall be solicited and considered.

1. Inmates who have completed surgical sexual reassignment therapy prior to incarceration shall be placed in a correctional facility as determined by the Gender Dysphoria, Transgender, Transsexual, Intersex, and Gender Non-Conforming Accommodation Review Committee.
2. For the purposes of facility placement, self-inflicted genital mutilation does not constitute surgical sexual reassignment therapy and does not qualify an inmate for placement in a facility for opposite-gender inmates.
3. Placement and programming assignments shall be reassessed at least every six months at a re-classification hearing, or as warranted, to review any threats to safety experienced by the inmate.
4. Lesbian, gay, bisexual, transgender, or intersex inmates shall not be placed in dedicated facilities, units, or wings, solely on the basis of such identification or status.
5. An inmate will not be placed in restrictive housing on the basis of gender identity alone.
6. The TDOC Statewide PREA Coordinator shall notify the Commissioner, Deputy Commissioners, and the applicable Assistant Commissioners of the Committee’s action to approve an inmate’s assignment to a given facility.

Policy: State of Tennessee Department of Correction Administrative Policies and Procedures, Index 502.06.1, Prison Rape Elimination Act (PREA) Screening, Classification, and Monitoring, effective August 1, 2020.

C. Referrals and Monitoring:
. . .

5. Inmates identified as transgender or intersex shall be considered on a case-by-case basis. (See Policy #113.37) These identified inmates shall be reclassified every six months by the assigned counselor to review any threats to safety experienced by the inmate.

Policy: State of Tennessee Department of Correction, Inmate Rules and Regulations (Handbook) 502.04, August 2023.

Inmates having a diagnosis of Gender Dysphoria shall be governed by TDOC Policy #113.37.

Additional Policies:

State of Tennessee Department of Correction Administrative Policies and Procedures, Index 502.06.2, Prison Rape Elimination Act (PREA) Allegations, Investigations, and Sexual Abuse Response Teams (SART), effective Aug. 1, 2020.

State of Tennessee Department of Correction Administrative Policies and Procedures, Index 502.06, Prison Rape Elimination Act (PREA) Implementation, Education and Compliance, effective August 1, 2020.

LOCAL

Shelby County

Policy: Shelby County Sheriff’s Office Standard Operation Procedure, Unit: Transgender/Gender Variant Procedures, revised Apr. 16, 2021, signed Jan. 13, 2023.

V. GENERAL
. . .

C. In deciding whether to assign a transgender or intersex resident to a facility for male or female inmates/ residents/detainees, and in making other housing and programming assignments, SCSO shall consider on a case-by-case basis whether placement would ensure the inmate/resident/detainee health and safety, and whether the placement would present management or security problems. (PREA 115.342 (d) and 115.42 (c) Placement and programming assignments for each trans gender or intersex inmate/ resident/detainee shall be reassessed at least twice each year to review any threats to safety experienced by the inmate. A transgender or intersex inmate/resident’s/detainees own views with respect to his or her own safety shall be given serious consideration. (PREA 115.342 (e-f) and 115.42 (d-e)
D. The SCSO does not house gay, lesbian, bisexual, transgender, or intersex inmates/residents/detainees in dedicated units based solely on such identification or status.
. . .

VII. PROTOCOLS
. . .

4. Housing

a. When assigning the inmate/ resident/detainee to a housing unit the Classification staff will take into consideration the inmate’s/ resident/detainee concern about their own safety. Their own views with respect to his/her own safety shall be given serious consideration. However, the jail’s/detention’s decision for housing will prevail when dealing with concerns for the inmate’s/ resident’s/detainees safety and the normal day-to-day operations being disrupted.
b. Part of the Intake medical assessment will be to determine the transgender/intersex inmate’s/ resident’s/detainees vulnerability in general population. If the inmate/ resident/detainee expresses uncertainty about his/her gender, the medical professional will asses them to determine appropriate recommendation for housing.
c. A transgender inmate/ resident may be housed in Protective Custody or Administrative Segregation at the Administration’s discretion if there are to reasons to believe the inmate/ resident/detainee presents a valid risk to themselves or others. Medical Staff will be notified to conduct appropriate mental health evaluations according to standard operating procedures.
d. Transgender and intersex inmates/residents/detainees shall be given the opportunity to shower separately from other inmates/detainees. (PREA Standard 115.42f).