Virginia
STATE
II. Prevention
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D. Inmate and CCAP Probationer/Parolee Screening and Use of Screening Information
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2. Staff will use information from the Classification Assessment to determine appropriate housing, bed, work, education, and program assignments with the goal of keeping separate those inmates or CCAP probationers/parolees at high risk of being sexually victimized from those at high risk of being sexually abusive. (§115.42[a], §115.242[a])
a. Staff will make an individualized determination on how to ensure the safety of each inmate or CCAP probationer/parolee. (§115.42[b], §115.242[b])
b. When deciding whether to assign a transgender or intersex inmate or CCAP probationer/parolee to a male or female facility and when making other housing and programming assignments, staff will take into consideration whether an assignment would ensure the inmate’s or CCAP probationer’s/parolee’s health and safety, and whether the assignment would present management or security problems. (§115.42[c], §115.242[c])
i. A transgender or intersex inmate’s or CCAP probationer’s/parolee’s own views with respect to their own safety will be given serious consideration. (§115.42[e], §115.242[d])
ii. Lesbian, gay, bisexual, transgender, or intersex inmates and CCAP probationers/parolees will not be placed in a dedicated facility, housing unit, or wing based solely on their identification or status. (§115.42[g], §115.242[f])
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iv. The Gender Dysphoria Committee will make all specialized decisions when providing inmates and CCAP probationers/parolees who are transgender, intersex or diagnosed with Gender Dysphoria with specific individual accommodations.
3. Staff, in institutions, must reassess each transgender and intersex inmate’s housing and programming assignments at least twice each year to review any threats to safety the inmate experienced. (§115.42[d])
a. The Institutional Program Manager (IPM) or designated staff at institutions without an IPM will print the Facility Offender Alert custom report from VACORIS in January and July to ensure staff complete the six month housing and programs reassessment for all transgender and intersex inmates.
b. The staff member must meet with the inmate to discuss their housing and program needs and verify their current assignments are still appropriate.
c. The staff member will place a note in VACORIS stating the “six month housing and program assignment reassessment completed” and documenting any necessary changes made to the inmate’s housing and programs.
d. The IPM or designated staff member will refer the inmate to Mental Health Clinician for followup, as needed.
e. Staff must complete all reassessments the last day of January and July.
II. Transfer Screening (5-ACI-5B-11, 5-ACI-6A-31)
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C. The Mental Health Clinician will notify facility staff responsible for making housing and programming assignments for transgender or intersex inmates of any relevant screening results that would present management or security considerations so staff, on a case-by-case basis, can make a determination that best ensures the inmate’s health and safety. (§115.42[c], §115.242[c]).
X. Protective Custody
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C. Classification To Protective Custody Units
1. The ICA or MDT, as appropriate, should reach a decision for a protective custody assignment based on substantial, credible information, and after an investigation confirms the need for protective custody; see Operating Procedure 830.1, Institution Classification Management, and Operating Procedure 830.6, Offender Keep Separate Management. For example, the offender:
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d. Is a High Risk Sexual Victim (HRSV) or sexual abuse victim
i. The institution will make individualized determinations about how to ensure the safety of each offender. (§115.42[b])
ii. In deciding whether to assign a transgender or intersex offender to a Protective Custody Unit, institution staff must consider on a case-by-case basis whether this placement would ensure the offender’s health and safety, and whether the placement would present management or security problems. (§115.42[c])
iii. A transgender or intersex offender’s own views with respect to their own safety will be given serious consideration. (§115.42[e])
iv. Lesbian, gay, bisexual, transgender, or intersex offenders will not be placed in the Protective Custody Unit solely based on their identification or status. (§115.42[g])
LOCAL
Fairfax County
6. Use of Information Obtained from Screening (PREA 115.42)
a. The Sheriff’s Office shall use information from the risk screening to make informative decisions regarding housing, work, 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.
b. The Sheriff’s Office shall make individualized determinations about how to ensure the safety of each inmate.
c. In deciding whether to assign a transgender or intersex inmate to a housing unit for male or female inmates, and in making other programming assignments, the agency 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.
1) Transgender and intersex inmates shall receive a Notification of Referral to Institutional Classification Committee Form within 24 hours of their initial interview and will have a 72-hour waiting period prior to the Formal Hearing being conducted.
2) The Formal Institutional Classification Committee shall conduct a hearing to determine appropriate housing for the inmate the day immediately following the 72-hour waiting period, excluding weekends, holidays or when the County is closed.
d. Placement and programming assignments for each transgender or intersex inmate shall be reassessed at least twice each year to review any threats to safety experienced by the inmate.
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2) The Formal Institutional Classification Committee (ICC) shall conduct a reassessment of all inmates who identify as transgender or intersex on a quarterly basis beginning in January of each calendar year. This reassessment will include a review of placement and programming for each inmate.
e. A transgender or intersex inmate’s own view with respect to his or her own safety shall be given serious consideration.
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g. The Sheriff’s Office shall not place lesbian, gay, bisexual, transgender, or intersex inmates in dedicated housing units solely on the basis of such identification or status unless pursuant to a legal settlement or judgment.
B. Intake Housing
1. After completion of the initial intake process, an inmate identified as transgender, or gender non-conforming shall be afforded the opportunity to request and receive an isolated housing location. The inmate can then be housed in a single cell in the Receiving Unit, consistent with the gender identified at intake. They shall remain in their assigned cell until they can be fully classified.
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C. Classification Process
1. The classification of transgender and gender non-conforming inmates shall follow procedures outlined in SOP 608 Classification Intake and SOP 535 Prison Rape Elimination Act.
2. During the classification interview, staff shall only ask questions related to sexual identity, gender identity or gender expression for making intake and housing assignments. Questions related to sexual identity, gender identity, or gender expression shall be asked in a private setting and in a respectful manner to preserve confidentiality, human dignity and to avoid subjecting the transgender or gender non-conforming inmate to abuse, humiliation or ridicule.
3. A transgender or intersex inmate’s own view with respect to his or her own safety shall be given serious consideration. All transgender and gender non-conforming inmates shall be classified and assigned housing based on their safety/security needs, housing availability, and potential vulnerability, if assigned to general population.
4. In deciding whether to assign a transgender or intersex inmate to a housing unit for male or female inmates, and in making other programming assignments, the agency 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. Transgender and gender non-conforming inmates have the same right to appeal housing assignments as all inmates.
5. If it is decided the inmate can be housed in the general population, the inmate shall be transferred to the general population housing unit as determined by the ICC. If it is determined the inmate requires administrative housing due to substantial risk, staff shall follow protocol provided in SOP 535 Prison Rape Elimination Act (Section IV. I, Protection of Inmates Facing Substantial Risk).
6. A transgender or gender non-conforming inmate may be housed in administrative housing when there is reason to believe the inmate presents a heightened risk to themselves or to others, or where the inmate fears they will be vulnerable to victimization in any other housing setting. This assignment shall be only for the
period during which the heightened risk and/or fear exists and in accordance with PREA SOP 535.
7. Placement and programming assignments for each transgender or intersex inmate shall be reassessed at least twice each year to review any threats to safety experienced by the inmate.
8. Transgender or gender non-conforming inmates who were receiving hormone
treatment and therapy at the time of their incarceration shall be referred to an appropriate medical doctor for further evaluation.
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10. The Sheriff’s Office shall not place lesbian, gay, bisexual, transgender, or intersex inmates in dedicated housing units solely on the basis of such identification or status unless pursuant to a legal settlement or judgment.
City of Richmond
v. All transgender or intersex inmates will be housed according to the appropriate housing unit to ensure their safety and security of the facility.
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115.42 – Use of Screening Information
. . . Procedure
1. Information from the risk screening will be used to determine housing, bed, work, education, and program assignments to prevent inmates with the high risk of being sexually victimized from those at the risk of begin sexually abusive.
2. The agency makes individualized determinations about how to ensure the safety of each inmate.
3. The agency makes housing and program assignments for transgender or intersex inmates in the facility on a case by case basis to ensure the inmates health and safety; and whether the placement would present management or security problems.
4. Placement and programming assignments for transgender or intersex inmates will be reassessed at least twice each year to review any threats to the inmate’s safety.
5. A transgender or intersex inmates own views with respect to his/her own safety shall be given serious consideration.
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7. The PREA Coordinator or designee will assess all transgender or intersex inmates for housing to include:
i. Does the inmate feel comfortable being housed in general population?
ii. What gender of inmates does the inmate feel comfortable being housed with?
iii. Does the inmate feel comfortable showering around other inmates?
iv. Does the inmate prefer to shower away from other inmates?
v. Transgender or intersex inmates who prefer to shower separately will be taken to Transfer & Release or an occupied dayroom and allowed to shower.
vi. Transgender or intersex inmates in general population can submit a request form to the PREA Coordinator or Classification to request a change in housing or showering status.
vii. 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, 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 inmate.
Arlington County
We were unable to obtain Arlington County’s policies relating to housing of transgender inmates. If you have access to the relevant policies please email Mari Nemec, Policy Counsel, mari@lgbtqbar.org. Please note, however, that the Arlington County Sheriff’s Office publishes Prison Rape Elimination Act (PREA) audits to its website that include summaries of relevant policies. For example:
PREA Audit: Arlington County Sheriff’s Office, PREA Facility Audit Report, Sept. 20, 2020
PREA Audit Language:
Policy – 8901 Intake Screening. The agency’s Intake Screening policy requires staff to place an inmate whose gender-related expression, identity, appearance, or behavior that differs from their biological sex in a holding cell by themselves during the booking process. Staff are then required to perform the following to determine the sex of the inmate: (i) review commitment documents for gender assignment or notification that identifies the inmate as transgender or vulnerable, (ii) ask the inmate for verification of genitalia status, and (iii) if the sex cannot be determined or the inmate refuses to cooperate, notify a supervisor immediately so the inmate can be escorted to the medical unit for a physical examination and gender determination.