Vermont
STATE
d. Whenever an inmate is identified as transgender and/or intersex, the facility multidisciplinary team will meet within seventy-two hours of the inmate’s arrival or intake and conduct a review in order to assess the on-going and long-term medical, psychological and facility needs of the individual, using and considering the following criteria:
i. The Gender Preference Form.
ii. Sexual Violence Screening Tool[n.16]
[n.16 Includes factors related to the inmate’s emotional and physical well-being as well as the inmate’s self-evaluation of his or her safety. Note than per C.F.R. § 115.42(e) a transgender and/or intersex inmate’s own views with respect to his or her own safety shall be given serious consideration.]
iii. The anatomy of the inmate.
iv. The individual’s incarcerated history.
v. Other psychosocial factors that may contribute to either the individual’s resiliency or vulnerability.
vi. The inmates’ privacy concerns.
vii. Available housing.
viii. Recommendations from the inmate’s mental health providers.
ix. LGBTQI inmates can make informal requests to staff, or utilize the grievance system to express issues concerning privacy concerns, housing, factor’s related to the inmate’s emotional and physical well-being, and the inmate’s self-evaluation of his or her safety.
e. LGBTQI inmates will 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 inmates.
f. Classification determinations will be made using the information from the risk screening to determine housing, bed, work, education, and program assignments with the goal of keeping separate LGBTQI inmates at risk of being sexually victimized from those at risk of being sexually abusive.
g. The multi-disciplinary team will review the determination as necessary but within thirty days of the initial assessment to determine if any adjustments or reconsiderations need to be made.
h. The multi-disciplinary team will review placement and programming assignments for each transgender or intersex inmate shall be reassessed at least twice a year to review any threats to safety experienced by the inmate.
. . .
j. DOC can house trans gender or intersex inmates according to their gender identity rather than their birth sex. In deciding whether to assign an transgender or intersex inmate to a facility for male or female inmates, and in making other housing and programming assignments, DOC will 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. DOC will consider the physical layout of the facility and privacy issues/concerns when determining the location of a transgender or intersex inmate. If deemed necessary for safety, DOC can place transgender or intersex inmates according to their birth sex to protect their physical and emotional well-being, while assuring the facility’s safety and security. All determinations regarding the housing of a transgender and/or intersex inmate will be made by a management team consisting of the Director of Correctional Facilities; the Health Services Director; the Corrections Case Work Director; and a DOC employee with the ability and knowledge needed to represent LGBTQI interests.
k. LGBTQI inmates can make requests to have their housing re-evaluated using the grievance system.
l. If an indication of need arises, the facility may consult with an identified member of the LGBTQI or allied community to provide external resources and support in assistance with the LGBTQI population.
The DOC recognizes the following key principles of gender responsivity:
. . .
f. All offenders, regardless of sex, sexual orientation, or gender identity, shall be treated with fairness, dignity, and respect.
g. The DOC recognizes the individualized needs of each offender, including their physical and emotional well-being and safety.
h. It is the responsibility of DOC to place all inmates in the least restrictive environment necessary to ensure safety and provide the inmate with equal access to facility services while also ensuring the safety and security of everyone within the facility and the facility itself.
Additional Policies: