III. Offender Screening and Assessment

A. Intake

1. During the intake process, non-medical staff shall not search or physically examine a transgender or intersex offender for the sole purpose of determining the offender’s genital status.
2. If the offender’s genital status is unknown, it may be determined during conversation with the offender, by reviewing medical records, or, if necessary, as part of a broader medical examination conducted in private by a medical practitioner.
3. Offenders identified as transgender or intersex during intake shall be referred to medical in accordance with the TDCJ Intake Procedures Manual.

B. Obtaining Information from Offenders

1. All offenders shall be assessed during intake, and if transferred to another unit for permanent assignment, to determine the risk of being sexually abused by or sexually abusive toward other offenders.
2. Intake screening shall take place within 24 hours of arrival at the unit in accordance with the SPPOM.
3. Assignments shall be made through the collaborative efforts of intake staff, the USPPM, and medical and mental health services by using objective screening instruments.

a. The intake screening shall include, at a minimum, the following criteria to assess offenders for risk of sexual victimization:

(1) Any mental, physical, or developmental disability;
(2) The age of the offender;
(3) The physical build of the offender;
(4) Previous incarceration;
(5) Whether the criminal history is exclusively nonviolent;
(6) Prior convictions for sex offenses against an adult or child;
(7) Perception of the offender as gay, lesbian, bisexual, transgender, intersex, or gender nonconforming;
(8) Previous sexual victimization; and
(9) The offender’s own perception of vulnerability.
. . .

C. Use of Screening Information
. . .

9. When deciding to assign a transgender or intersex offender to a unit for male or female offenders, and when making other housing and programming assignments, consideration shall be made on a case-by-case basis with regard to the health and safety of the offender and potential management or security problems. Housing determinations shall not be made solely on the basis of LGBTI status.

a. Placement and programming assignments for each transgender or intersex offender shall be reassessed semiannually to review any threats to safety experienced by the offender.
b. A transgender or intersex offender’s views with respect to his or her own safety shall be given serious consideration.
10. Offenders shall not be disciplined for refusing to answer, or for not disclosing complete information in response to, questions asked pursuant to Section III.B.3.

Policy: Texas Department of Criminal Justice, Correctional Managed Health Care Policy Manual No. G-51.11, Treatment of Inmates with Intersex Conditions, or Gender Dysphoria, Formerly Known as Gender Identity Disorder, effective Jan. 10, 2017, reviewed July 2022.

To ensure that inmates with complaints consistent with intersex conditions or Gender Dysphoria are evaluated by appropriate medical and mental health professionals and treatment is determined on a case-by-case basis as clinically indicated.

LOCAL

Harris County

Policy: Harris County Sheriff’s Office Policy No. 413, Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI) Department, Nov. 2013, revised Aug. 2021.

3. At no time shall any search be conducted solely for the purpose of determining an inmate’s or detainee’s biological sex or gender. Any questions regarding an inmate’s gender shall be referred to a gender classification specialist.
. . .

E. Intake Screening
. . .

3. LGBTQI prisoners may not be placed in segregated housing against their will due to the sole purpose of their sexual orientation. (See the Classification manual for procedures on reassessment periods).
4. Specially-trained gender classification specialists shall assist in the process upon which the Classification Division will base their housing decisions. The mere identification of an inmate as LGBTQI is insufficient to warrant an assumption of enhanced risk that the inmate will be sexually abusive.
5. Due to his or her vulnerability, a transgender prisoner shall be expedited through the entire booking process until Classification has determined housing in accordance with PREA standards. The Prisoner Processing Division supervisor on duty will be responsible for expediting the LGBTQI prisoner to Classification.
6. All inmates, within 72 hours of arrival at a HCSO detention facility, shall be assessed for their risk of being sexually abused by or sexually abusive towards other inmates in compliance with PREA standards.
7. If an indication of need arises, a gender classification specialist shall conduct a screening interview in a private and respectful manner. The gender classification specialist will only ask questions related to sexual orientation, gender identity, or gender expression for the purpose of making intake, housing, and classification assignments. If necessary, the inmate will be referred to HCSO Medical for screening.
. . .

F. Gender Classification Committee
The gender classification committee has the final authority in all matters related to the classification of LGBTQI inmates.

1. Additional responsibilities:

a. Gender classification specialist certification and assistance,
b. Housing assignment arbitration, and
c. Required reporting.

2. Mandatory review meetings:

a. Placement of transgender inmates,
b. Gender classification specialist weekly documentation review,
c. Inmate housing appeals, and
d. 30-day reviews.

3. Monitoring and Reassessment: The housing and well-being of LGBTQI inmates shall be monitored and reassessed when needed by the gender classification committee. The committee will document and maintain records of all such monitoring and any reassessment deemed necessary.
. . .

I. Inmate Services
LGBTQI inmates shall have equal access to all available services to include mental health services, counseling, and support groups. Specialized LGBTQI services shall be developed based on identified needs.

J. Use of Screening Information and Confidentiality

1. A person’s LGBTQI status is considered confidential information. This information, including electronic records, shall have strict dissemination controls. The HCSO shall keep LGBTQI screening information confidential except as necessary to conform to required protocols.
. . .
3. Classification shall use the information from the risk screening to determine housing, bed, work, education, and program assignments with the goal of keeping LGBTQI inmates at high risk of being sexually victimized separate from those at high risk of being sexually abusive.
4. Classification shall make individualized determinations on how to ensure the safety of each inmate.
5. In deciding whether to assign a transgender inmate to a facility for male or female inmates, and in making other housing and programming assignments, Classification 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.
6. The policy and procedure for and record of placements for transgender inmates shall be reassessed at least twice each year to review any threats to safety experienced by the inmates. Classification will record and keep these findings for permanent review and referrals for future training.
7. An LGBTQI inmate’s own views with respect to his or her own safety shall be given significant consideration and recorded on his or her inmate record.
8. Classification shall strive not to place LGBTQI inmates in dedicated facilities, units, or wings solely on the basis of such identification or status unless such placement is necessary for his or her safety or 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 inmates.