Utah
STATE
AG37/01.03 Policy
1. It is the policy of the Utah Department of Corrections to appropriately diagnose and treat offenders with gender dysphoria in a humane and safe correctional environment. This shall be done in a way that is sensitive to the offender’s unique adjustment issues, and is consistent with the core values, vision, and mission of the Department and its commitment to provide adequate health care and mental health services to all offenders in its custody.
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AG37/01/04 Rationale
The Utah Department of Corrections recognizes the need to properly evaluate offenders who express transgender issues.
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AG37/02.02 Procedure: Gender Dysphoria Offender
Upon intake into the Utah prison system, or at any other time during an offender’s incarceration, if the offender self-identifies as transgender and requests a mental health evaluation through the ICR process:
A. The MHP shall meet with the offender within 14 working days from the date the referral is received.
B. The offender shall receive an initial evaluation from a MHP using the “Transgender Initial Assessment Form.”
C. The MHP shall present the findings to the Gender Dysphoria Committee.
D. The Director of Clinical Services/designee shall have final approval whether or not to refer the offender for an assessment for gender dysphoria.
E. Offenders who are denied may apply to be reevaluated after one year.
F. If approved for an evaluation for gender dysphoria, a referral shall be sent to the contract psychologist.
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H. The contract psychologist shall meet with the offender for an evaluation for gender dysphoria.
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AG37/02.04 Procedure: Treatment and Services
A. The Director of Clinical Services/designee shall review and consider any recommendations made by the contract psychologist in developing a treatment plan.
B. The Director of Clinical Services/designee may require additional consults in the diagnosis and the development of the individual treatment plan.
01.00 POLICY & RATIONALE
01.01 Policy
A. It is the policy of the Department that offender bed assignments are based on the consideration of all relevant factors which are necessary to appropriately assign offender housing, ensuring a properly functioning and safe institution.
B. Nothing in this policy or its corresponding procedure is designed or intended to confer due process rights on inmates or other individuals, revoke official discretion, or limit management flexibility.
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02.00 HOUSING ASSIGNMENTS
02.01 Initiating a DPO Housing Assignment Change
A. Housing Assignment changes may be initiated by:
1. offender classification,
2. OMR recommendation,
3. management/safety concerns,
4. programming opportunities/CAP priorities,
5. bed space needs,
6. upcoming court hearings/BOPP hearings,
7. medical needs,
8. STG,
9. Pre-release,
10. PVP,
11. restrictive housing, or
12. any administrative need, (i.e., investigations, etc.).
Policy: Utah Code Ann. § 64-13-47, Prison Rape Elimination Act Compliance, effective July 1, 2022.