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Kentucky Jails

Model Policies and Procedures

|Policy # | |

|Transgender Persons – Admission & Classification | |

|This policy is for internal use only. |

|Applicable Kentucky Statutes: 501 KAR 3:110 Classification |

|Applicable Kentucky Regulation |

|PREA § 115.15 Limits to cross-gender viewing and searches |

|Date available online: Jan. 18, 2021 | |

I. Purpose: The purpose of this policy is to provide guidance for intake, housing, medical and behavioral health treatment for transgender offenders in the custody of this jail. It is the intent of the Jail to avoid any discriminatory actions against persons identifying with a gender other than the one assigned at birth. This policy outlines specific procedures to determine the optimum housing situation to protect the inmate, the overall inmate population and staff members of the Jail. This policy applies to Jail Personnel described as:

A. Employees of the jail

B. Vendors

C. Inmates

D. Healthcare providers

II. Policy: Jail personnel shall respect the gender identity of a transgender detainee during admission process, classification process and throughout incarceration. It is also the policy of this jail to maximize the protection offered to inmates under the policies of this jail. The Jail is committed to working collaboratively with the local LGBTI community, local medical and mental health providers and other identified stakeholders.

III. Definitions:

A. Transgender: is a broad term that can be used to describe people whose gender identity is different from the gender they were thought to be when they were born. “Trans” is often used as shorthand for transgender.

B. Gender identity: is a person’s internal knowledge of their gender – for example, knowledge that you’re a man, a woman.

C. Gender expression: is how a person presents their gender on the outside, often through behavior, clothing, hairstyle, voice or body characteristics.

D. Gender Dysphoria: involves a conflict between a person’s physical or assigned gender and the gender with which he/she/they identify.

E. Non-binary: People who identify as neither a man nor a woman, or as a combination of male and female.

F. LGBTI: Lesbian, Gay, Bisexual, Transgender, Intersexed

G. Intersexed: A person born with sex characteristics that do not allow them to be defined as distinctly male or female.

H. (See Glossary section VI of this policy for additional definitions)

IV. Discussion: LGBTI individuals in this jail like all other incarcerated people, have specific civil rights under the U. S. Constitution, state and federal statutes, and Prison Rape Elimination Act (PREA) standards.

V. Procedures:

A. The Jail shall provide each inmate with an individualized assessment of their physical and emotional characteristics, medical care needs and behavioral health needs. The individualized assessment may assist with housing assignments to provide the safest environment for the inmate, the Jail inmate population and the jail staff.[1]

B. During booking / admission when an arrestee self-identifies a gender other than the one that was assigned at birth, the booking officer shall notify a supervisor. The supervisor will respond to the booking station and assist in the intake and classification process.

C. Jail staff shall call all inmates by their last names with the addition of “Inmate”, avoiding gender-specific identifiers like miss or mister, etc.

D. Searches: Strip searching of all persons prior to admission into the jail is prohibited. A person detained or confined for the alleged commission of a misdemeanor or traffic offense shall only be subject to a strip search and/or body cavity search when the staff member who is conducting the intake process has probable cause to believe that the person is concealing evidence of the commission of a criminal offense, including fruits or tools of a crime, contraband or a deadly weapon, as defined in Section 2923.11 of the ORC, that could not otherwise be discovered or when it is necessary for any legitimate medical or hygiene reason. (refer to strip search policy)

a. In the event that there is an individual going through intake who self-identifies as transgender or self-identifies with a gender that seems not to match their anatomical sex, the Jail may:[2]

i. Option #1 allow the individual to state his or her preference for the gender of the staff to conduct any searches.

ii. Option #2 searches are to be conducted by staff of the same anatomical sex or the same gender as the inmate to be searched.

b. The jail shall not search or physically examine a transgender or intersex inmate for the sole purpose of determining the inmate’s genital status. If the inmate’s genital status is unknown, it may be determined during conversations with the inmate, by reviewing medical records, or, if necessary, by learning that information as part of a broader medical examination conducted in private by a medical practitioner.[3] PREA § 115.15

E. The offender who self-identifies as a transgender person shall have a medical and mental health evaluation within twenty-four (24) hours of the Intake Screening consistent with all offenders considered as a high-risk for suicide or victimization. LGBTI individuals in general may be more likely to suffer from major depression, anxiety, phobia, post-traumatic stress disorder, and have higher rates of suicidal attempts. [4]

F. During this initial appointment the determination of the genital status shall be accomplished to determine the presence or absence of physical characteristics that would place the offender at a greater potential for victimization through rape or "bullying". The purpose of the evaluation is to assess the offender's suicide risk, the risk of becoming a victim of rape or "bullying", the offender's presenting emotional status, and the identification of the offender's statements about his/her gender as different from that assigned at birth.

G. This evaluation will include an assessment of the offender's treatment and life experiences prior to incarceration as well as experiences during incarceration (including hormone therapy, completed or in-progress surgical interventions, real life experiences consistent with an offender's gender identity, private expressions that conform to the preferred gender and counseling).

H. Classification Discussion: Transgender individuals do not self-identify with the gender associated with their genitalia, and as such they may present themselves (through other physical characteristics, clothing, or mannerisms) as the gender with which they identify. For example, a transgender woman (an individual who is anatomically male but self identifies as female) may have breasts, more feminine features or feminine body-fat distribution due to hormone therapy or plastic surgery. As a result, many transgender women will be more physically and sexually vulnerable if placed in a male facility. However, if the transgender woman has not undergone sex reassignment surgery (as most transgendered individuals have not, either due to a lack of desire or an inability due to the expensive nature of the surgery), she will probably have fully functioning male genitalia. Placing her in a female facility could therefore be a liability on a number of levels. This issue also applies to transgender males (individuals who are anatomically female but self-identify as male). Best practice with this population encourages agencies to respect the gender identity of individuals to the extent possible within security guidelines and to make decisions based on the individual in question rather than based on blanket policies. Regardless of the agency’s choice, enhanced supervision will be required.

a. Once staff collects the appropriate information from individuals during intake, the classification officer will determine how that information will affect classification and housing placement decisions that prioritize the physical safety and emotional well-being of the inmates. This practice applies to LGBTI inmates, specifically by:

i. Not automatically placing LGBTI inmates in isolation or segregation

ii. Not placing LGBTI inmates in LGBTI-specific units or assigning them special classifications that are used only for the LGBTI population.

I. Inmates at high risk for sexual victimization shall not be placed in involuntary segregated housing unless an assessment of all available alternatives has been made, and a determination has been made that there is no available alternative means of separation from likely abusers.

J. If the booking officer and supervisor cannot conduct such an assessment immediately, the jail may hold the inmate in involuntary segregated housing for less than 24 hours while completing the assessment. [5]

K. In deciding whether to assign a transgender or intersex inmate to a facility for male or female inmates, and in making other housing and programming assignments, the classification officer of the jail 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. A transgender or intersex inmate’s own views with respect to his or her own safety shall be given serious consideration.

L. If an involuntary segregated housing assignment is made the facility shall clearly document:

i. The basis for the facility’s concern for the inmate’s safety; and

ii. The reason why no alternative means of separation can be arranged.

iii. Every 30 days, the facility shall afford each such inmate a review to determine whether there is a continuing need for separation from the general population.

M. Privacy and Confidentiality Rights and Responsibilities: When asking inmates to share their sexual orientation or gender identity for the purpose of making placement and other decisions, the jail staff recognizes the sensitive nature of the topic and the possible direct repercussions for the inmates should the information shared become general knowledge among staff and the inmate population. Knowledgeable staff will share information based on the following two conditions:

a. Staff Need-to-Know: Jail staff with knowledge regarding an inmate’s sexual orientation or gender identity are prohibited from sharing that information with inmates of the jail and will only share information with other staff members on a need to know basis.

b. Staff Responses to Disclosure: If an inmate discloses his or her sexual orientation or gender identity to staff without prompting during their stay at this jail, staff will report the disclosure to their supervisor who will forward the information to the jail administrator. The jail administrator will arrange for a meeting with the inmate, classification officer, medical and mental health provider offer the inmate a referral for counseling or other services and an assessment of the housing assignment.

c. Showering, Restroom Practices: The jail respects privacy of inmates allowing them to shower, perform bodily functions, and change clothing without non-medical staff of the opposite gender viewing their breasts, buttocks, or genitalia, except in exigent circumstances or when such viewing is incidental to routine cell checks. Staff of the opposite gender shall announce their presence when entering an inmate housing unit. Transgender and intersex inmates shall be given the opportunity to shower separately from other inmates. PREA § 115.42

VI. Glossary[6] / Definitions:

A. Asexual: A person who is not romantically or sexually attracted to any gender

B. Bisexual: A person who is romantically or sexually attracted to more than one gender

or sexual category

C. Gay: Commonly refers to men typically attracted to other men

D. Gender: A socially constructed concept classifying behavior as either “masculine” or

“feminine,” unrelated to one’s external genitalia

E. Gender expression: A person’s expression of their gender identity, including appearance, dress, mannerisms, speech, and social interactions

F. Gender identity: Distinct from sexual orientation and refers to a person’s internal,

deeply felt sense of being male or female

G. Gender non-conforming: Gender characteristics and/or behaviors that do not conform

to those typically associated with a person’s biological sex

H. Gender “norms”: The expectations associated with “masculine” or “feminine” conduct, based on how society commonly believes males and females should behave

I. Gender variant behavior: Conduct that is not normatively associated with an individual’s biological sex

J. Heterosexual: Sexual or romantic attraction to a sex differing from one’s own.

K. Homosexual: Sexual, emotional, and/or romantic attraction to persons of the same sex

L. Intersex: A condition in which a person is born with external genitalia, internal reproductive organs, chromosome patterns, and/or an endocrine system that does not fit typical definitions of male or female

M. LGBTI: Acronym for a group of sexual minorities including lesbian, gay, bisexual, transgender, questioning and intersex individuals

N. Lesbian: Commonly refers to women typically attracted to other women

O. Questioning: Active process in which a person explores her or his own sexual orientation and/or gender identity and questions the cultural assumptions that they are heterosexual and/or gender conforming

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[1] Prison Policy Initiative 2017

[2] U.S. Department of Justice National Institute of Corrections A Quick Guide for LGBTI Policy Development for

Adult Prisons and Jails

[3] PREA § 115.15 Limits to cross-gender viewing and searches

[4] Substance Abuse and Mental Health Services Administration. Top Health Issues for LGBT Populations Information & Resource Kit. HHS Publication No.(SMA) 12-4684. Rockville, MD: Substance Abuse and Mental Health Services

Administration, 2012

[5] U.S. Department of Justice National Institute of Corrections A Quick Guide for LGBTI Policy Development for

Adult Prisons and Jails

[6] U.S. Department of Justice National Institute of Corrections A Quick Guide for LGBTI Policy Development for

Adult Prisons and Jails

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