Wisconsin
STATE
XIII. Placement
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E. Lesbian, Gay, Bisexual, Transgender and/or Intersex PIOCs
1. Lesbian, gay, bisexual, transgender or intersex PIOCs shall not be placed in dedicated facilities, wings or units solely on the basis of such identification or status [§115.42(g), §115.342(c)].
2. When making facility, cell/unit housing and programmatic assignments for transgender or intersex PIOCs the DOC shall consider on a case-by-case basis whether a placement would ensure the PIOC’s health and safety and whether the placement would present management or security problems [§115.42(c), §115.342(d)], in addition to serious consideration of the PIOC’s own views with respect to their own safety [§115.42(e), §115.342(f)].
3. Placement and programming assignments for each transgender or intersex PIOC shall be reassessed at least twice each year to review any threats to the safety experienced by the PIOC [§115.42(d), §115.342(e)].
DEFINITIONS, ACRONYMS AND FORMS
III. Approved Sites
A. Transgender PIOC shall be placed at a facility that has an available option for single/double cells. The following facilities are excluded from receiving transgender PIOC.
1. Prairie du Chien Correctional Institution.
2. Gordon Correctional Center.
3. McNaughton Correctional Center.
4. Chippewa Valley Correctional Treatment Facility.
5. Flambeau Correctional Center.
6. St. Croix Correctional Center.
B. PIOCs who first self-identify as transgender or intersex while placed at one of these sites shall be evaluated on a case-by-case basis for continued placement.
IV. Placement Review
A. Facility and housing assignments shall be made on a case-by case basis, considering the PIOC’s health and safety as well as potential programming, management and security concerns. A PIOC’s own views regarding safety shall be given careful consideration.
B. Placement and programming assignments shall be reassessed at a minimum of every six months in a reclassification hearing and shall include a review of any threats to safety experienced by the PIOC.
1. The assigned OCS shall document in the WICS current offense description box: DAI Policy 500.70.27 applies to the management of this PIOC with the requirement for classification review every six months.
2. In the reclassification pre-hearing, the assigned social worker/treatment specialist shall inquire about the PIOC’s perception of safety in housing and programming assignments and document the response in the Reclassification Report (if response reflects significant safety risk, notify security supervisor).
C. When recommending transfer of a transgender or intersex PIOC, BOCM and/or the classification committee shall recommend a single approved transgender or intersex site. Temporary sites may be used for transportation purposes.
D. Placement may occur at any approved site for transgender and intersex PIOC. For placements at minimum-security sites or correctional centers, PSU staff shall document on DOC-3474 whether the PIOC requires a single cell.
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G. PIOC’s who have completed sexual reassignment surgery shall be placed in a facility consistent with the reassignment treatment. Consultation with the DAI Administrator or Transgender Committee is recommended for unclear cases.
H. For the purposes of facility placement, self-inflicted genital mutilation does not constitute sexual reassignment surgery and does not qualify an PIOC for placement in a different facility.
I. A transgender or intersex PIOC shall not be placed in RH on the basis of their gender identity.
V. Consideration for Placement at a Facility Consistent with Gender Identity
A. PIOC shall submit a written request to the PSU Supervisor/designee to be considered for placement at a DOC facility that is consistent with their gender identity. The PSU Supervisor/designee shall complete DOC-3793 and submit to the Mental Health Director for review by the Transgender Housing Committee. The following guidelines shall be considered:
1. A cross-gender identity has been clearly established for at least 2 years.
2. There have been significant steps towards a cross-gender transition. In most cases this would include at least one year of hormone treatment.
3. Length of incarceration in a DOC facility has been sufficient to determine overall adjustment, in most cases at least 6 months. Successful previous placement in a DOC facility consistent with gender identity, or consistent and verified lived experience in the role of the desired gender while in the community may accelerate this time frame. Intake sites shall develop this process in Facility Procedure.
4. Anticipated time to release is at least 6 months.
5. Institutional adjustment at correctional facilities has been positive, considering major conduct reports, especially Offenses Against Bodily Security.
6. Criminal history (especially sex offenses or assaultive history) does not indicate a significant current risk to individuals at the receiving site, considering length of time that has elapsed and treatment outcomes.
7. Treatment and program needs can be met at the facility of transfer and the PIOC is not currently refusing to enroll in or complete identified primary program needs.
8. Mental health has been stable for at least 6 months.
9. The PIOC has demonstrated appropriate engagement with health care providers.
10. The PIOC has realistic expectations of the conditions of confinement at the receiving facility and is able to work with PSU staff to anticipate possible challenges.
11. If STG affiliations are present, they would not have a significant impact on security at the receiving facility.
B. Determinations for housing intersex PIOC’s shall be made on a case by case basis.
C. Upon receipt of a PIOC request, the Transgender Housing Committee shall consider the request at the next scheduled committee meeting, using the above guidelines to make a recommendation to the DAI Administrator and Secretary. The Secretary shall ultimately approve or deny the request.
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VII. Removal from Receiving Facility Consistent with Gender Identity
A. The Transgender Housing Committee may reconsider facility placement under the following circumstances:
1. Poor adjustment.
2. A pattern of poor boundaries or interpersonal skills that leads to climate issues or negative effects on peers.
3. PIOC’s request to return to their prior facility.
4. Facility placement is detrimental to the psychological health of the PIOC, leading to risk of harm to self or others.
B. The Transgender Housing Committee shall forward a recommendation to the Secretary’s Office and the DAI Administrator
I. Screening
A. Inmates shall be screened within 72 hours of admission to any DAI facility for risk of being sexually abused by other inmates or sexually abusive towards other inmates.
B. Within 30 days of admission, inmates shall be rescreened to determine if additional, relevant risk factors are present.
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II. Use of Screening Information
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E. [Division of Adult Institutions] shall not dedicate any facility, unit or wing for the sole purpose of housing inmates who identify as transgender or disclose an intersex condition.
F. In accordance with DAI Policy 500.70.27, if an inmate identifies as transgender or discloses an intersex condition, the screener shall notify the facility’s PSU Supervisor or designated staff member to, in consultation with classification, security and/or healthcare staff, ensure:
1. Housing and programming assignments are made on a case-by-case basis. Such placement decisions shall ensure the inmate’s health and safety, which includes giving serious consideration to the inmate’s own view of safety and any management or security problems.
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3. Placement and programming assignments for each transgender or intersex inmate shall be reviewed at a reclassification hearing a minimum of every six months to review any threats to safety experienced by the inmate.