HomeMy WebLinkAbout65B - JAIL UPDATECITY COUNCIL MEETING DATE:
APRIL 19, 2016
TITLE:
RECEIVE AND FILE COUNCIL UPDATE
REGARDING THE SANTA ANA JAIL;
AUTHORIZATION TO DRAFT RFQ FOR
JAIL RE -USE STUDY; AUTHORIZATION TO
ENTER INTO NEGOTIATIONS WITH
POLICE OFFICERS ASSOCIATION; &
AUTHORIZATION TO CONTINUE
DEVELOPMENT OF TRANSGENDER CARE
PILOT
(STRATEGIC PLAN NO. 1, 4A)
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CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
aW•:• 19
❑ As Recommended
❑ As Amended
❑ Ordinance on 1st Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
1. Receive and File Council Update to February 2, 2016 meeting regarding Santa Ana Jail.
2. Authorize City Manager to work with community members and labor representatives to draft an
RFQ for a consultant to conduct a Jail Re -use Study.
3. Authorize City Manager to enter into negotiations with Peace Officers Association to potentially
offer retirement incentives to full -time staff in the Jail Bureau.
4. Authorize the City Manager to continue working on options for the Transgender Care and
Classification Committee Pilot program (TCCC) to be reviewed at the May 17, 2016 City Council
meeting.
DISCUSSION
On February 2, 2016 the City Council directed staff to "Deny contract amendment, engage
community in developing solutions and request City Manager work with Police Chief in
strategizing sustainability of jail without the use of Federal dollars, if not feasible, propose options
to terminate jail services." Contact information provided by the Clerk of the Council was used to
outreach to individuals that spoke on the issue. CMO staff sent out emails and conducted follow -
up phone calls. Individuals and organizations contacted in this process were encouraged to invite
other interested parties to these listening sessions.
65B -1
Receive and file jail update regarding the Santa Ana Jail; Authorization to draft RFQ for Jail Re-
use Study; Authorization to enter into negotiations with POA; & Authorization to continue
development of Transgender Care Pilot
April 19, 2016
Page 2
The City Manager, Police Chief, and Jail Administrator had seven follow up meetings with
community members and advocacy organizations (Exhibit 1) to discuss their concerns. These
meetings were held on the following dates and locations:
Meeting # 1
Meeting # 2
Meeting # 3
Meeting # 4
Meeting # 5
Meeting # 6
Meeting # 7
March 3, 2016
March 4, 2016
March 7, 2016
March 17, 2016
March 30, 2016
April 4, 2016
April 6, 2016
Center OC
CMO Office
Ross Annex Room 1600
Ross Annex Room 1600
CMO Office
Center OC
Ross Annex Room 1600
The conversations were focused around two major policy areas. The first area was regarding
improvements to the overall jail conditions especially as they relate to the handling of transgender
detainees at the Santa Ana Jail facility. This conversation focused on concerns in regard to the
strip search policy, jail release procedures, and specifics in dealing with the proposed
transgender population module. The Jail Administrator worked with ICE to provide good faith
efforts to reduce the need for strip searches for detainees that remain supervised during court
appearances and are not mixed with populations from other facilities. Staff will continue working
toward improvements to ensure that the Santa Ana Jail facility provides high quality and humane
care.
The second area of concern focused on discussing mid -to -long range strategies for ending the
I.C.E. contract at the facility. Initial discussions with community members highlighted the lack of
support for privatization of the jail facility. Organizations indicated that they would not be able to
support this action and the conversation shifted towards a general re -use study of the facility with
all options on the table. As a result of the listening sessions, staff recommends working with the
involved stakeholders to draft and review an RFQ to identify a consultant to study jail re -use
options for the Santa Ana Jail Facility.
During the two months of conversation the Jail facility experienced a decline in ICE detainees,
from a population of 237, to a low of 165, with a current population of 189. This decrease in
population resulted in a $3,097,755 difference in the value of the contract. The current bed count
increased to 189 on April 11, 2016 but remains unpredictable in the near term. The transgender
female population has decreased to 27 people in a module designed for 64. Therefore this
module is proposed to be combined with the gay & bi- sexual male population to save $80,000
currently being spent on monthly costs to operate separate dedicated modules. If the City Council
directs staff to continue conversations on the Transgender Care Pilot, staff would delay
combining the modules. In addition to the $16.6 million cost of operating the facility there remains
a need to pay the Jail facility debt of $24.3 million remaining debt balance with $3 million
payment annually through 2024.
65B -2
Receive and file jail update regarding the Santa Ana Jail; Authorization to draft RFQ for Jail Re-
use Study; Authorization to enter into negotiations with POA; & Authorization to continue
development of Transgender Care Pilot
April 19, 2016
Page 3
Members from the LGBT community provided suggestions to improve the conditions for the
transgender detainees. The Transgender Care Memorandum is a document intended for ICE
personnel which directs them to house transgender females in a facility with a TCCC program.
The Santa Ana Jail would be the first facility to form a committee that would take into
consideration the transgender detainees' preferences as it relates to their custody and housing
placement within the facility. (Exhibit 2) However the additional costs of this pilot project make the
program cost prohibitive with the declining bed count. In order to be fiscally sustainable, some
type of financial assurance would be required.
During the listening sessions, members of the community provided their alternative to the TCCC.
Their draft policy (Exhibit 3) is attached. Any changes or additions to City policy would need to go
through the formal review and legal analysis process. ICE would then require a contract
amendment in order to adhere to proposed changes. At this time, staff and ICE are reviewing the
documents. Any City policy change impacting federal detainees would require a mutually
agreeable contract amendment.
Staff recommends authorizing the drafting of an RFQ to identify a consultant to study re -use
options for the Santa Ana Jail Facility. Stakeholders are welcome to continue participation in the
process. Staff anticipates a budget of $100,000, with goal of completion within 10 -12 months.
Staff is recommending designating $1 million in the upcoming budget cycle for costs associated
with a potential phase -out, implementing a hiring freeze at the facility, and providing full -time Jail
staff with retirement incentives. In order to complete these proposals, staff is requesting
authorization from the Mayor and City Council to enter into negotiations with the POA. City Staff
is committed to continuing dialogue throughout the process, welcome community input, and
additional meetings to review a RFQ if approved by Council.
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #1 Community Safety, Objective #4
(Ensure a sound fiscal model for jail operations through coordinated efforts with personnel from
the City Manager's Office, Police Department, City Attorney's Office, Finance and Personnel),
Strategy A - Modify the Santa Ana jail business model and identify short- and long -term goals.
FISCAL IMPACT
There are no immediate fiscal impacts associated with this item. The cost of implementing follow
up actions will be provided to the City Council after direction on the recommended actions have
been provided to staff.
Exhibit 1: List of Agencies and Individuals Consulted
Exhibit 2: Transgender Care and Classification Committee Memorandum
Exhibit 3: Community Proposal - Draft Policy Regarding Transgender People in Custody
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Organizations Consulted During Meetings
1. ACLU
2. De Colores
3. RAIZ
4. OCIYU
5. Transgender Law Center
6. LA LGBT Center
7. LGBT Center OC
8. UCI Law Students,
9. Mexican Consulate
10. Local and Federal I.C.E representatives
11. La Famila
12. CIVIC
13. Friends of the Orange County Detainees
14. El Centro Cultural de Mexico
15. Santa Ana Building a Healthy Community
16. Human Rights Watch
Exhibit 1
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MEMORANDUM FOR:
SUBJECT:
PuMgse
Office of rnforcen+ent and Removal Operations
U.S. Department or Homeland security
300 12 °' St, SW
Washington, DC 20336
U.S. Immigration
{x � and Customs
Enforcement
June 19, 2015
Assistant Directors
Deputy Assistant Directors
Field Office Directors
Deputy Field Office Directors
Assistant Field Office Direc
ICE Health Service Cornsx i
Thomas Homan
Executive Assos
Further Goance Regarding the Care of Transgender Detainees
This memorandum provides further guidance regarding the placement and care of transgender
adult detainees in the custody of U.S. Immigration and Customs Enforcement (ICE),
Enforcement and Removal Operations (ERO).
Background
This guidance complements existing ICE, detention standards, ICE Policy 11062.2: Sexual Abuse
and Assault Prevention and Intervention (SAAPI) (May 22, 2014), and the requirements of the
U.S. 'Department of Homeland Security (DHS) regulation titled, "Standards to Prevent, Detect,
and Respond to Sexual Abuse and Assault in Confinement Facilities," 79 Fed. Reg. 13,100 (Mar.
7, 2014), hereafter DHS PREA Standards. The security and safety of FRO employees,
detainees, detention staff, and members of the public are paramount in the exercise of this
guidance.
As in all cases, if an individual is not subject to the requirements of mandatory detention, Field
Office Directors (FODs) should continue to consider whether the use of detention resources is
warranted for a given individual and shall consider, on a case by case basis, all relevant factors in
this determination, 'including whether an individual identifies as transgender. While the FODs
may exercise prosecutorial discretion at any stage of an enforcement proceeding, it is generally
preferable to exercise such discretion, if warranted, as early in the case or proceeding as possible.
Exhibit I
65B -7
Further Guidance Regarding the Care of Transgender Detainees
Page 2 of 18
ICE ERO will provide a respectful, safe, and secure environment for all detainees, including
those individuals who identify as transgender. Discrimination or harassment of any kind based
on a detainee's actual or perceived sexual orientation or gender identity is strictly prohibited.
Moreover, ICE ERO reaffirms its commitment to provide effective safeguards against sexual
abuse and assault for all individuals detained in ERO custody.
1. Data Systems and Form 1 -213
a. ERO Law Enforcement Systems and Analysis (LESA), in consultation and collaboration
with other relevant ICE and ERO components, is directed to update, to the extent
practicable, all appropriate data systems (including, but not limited to, EAGLE, FARM,
and other systems that receive data from ERO- related data systems for statistical,
medical, or other purposes) to: (1) capture a detainee's `Biological Sex" or "Sex" (See
Attachment 1: Definitions) as Male, Female, Intersex, or Unknown (Note: data systems
should not use the category or header of "Gender" to capture and record a detainee's
"Sex "); and (2) add a data field, which may be in the form of a check -box, to record if the
detainee identifies as "Transgender." ERO LESA should also ensure that the
identification of "Transgender" appears conspicuously on the Form I -213 "Record of
Deportable/Inadmissible Alien" when printed.
2. Initial Processing
a. During the initial processing of an individual taken into ERO custody, the FOD, or
his/her designee, shall ensure ERO personnel record a detainee's `Biological Sex" or
"Sex" as Male, Female, Intersex, or Unknown on the Form I -213 and within applicable
data systems.
b. In those circumstances during initial processing when a detainee: (1) self - identifies as
transgender or otherwise identifies with a gender different from that which corresponds
with his or her biological sex (e.g., a biological male who identifies as a woman); or (2)
responds affirmatively during Risk Classification Assessment (RCA) module screening
that he or she may be at an elevated risk in a detention setting because of his or her actual
or perceived gender identity and/or gender expression, the FOD shall ensure ERO
personnel ask if the detainee would like to formally disclose his or her gender identity.
c. The following script is appropriate, but not required, for use by ERO personnel in these
circumstances and should be communicated in a language and manner the detainee can
understand:
Do you wish to disclose your gender identity (please note you are not required to disclose
information about your gender identity which you are not comfortable sharing)?
If the detainee answers affirmatively, ERO personnel should then ask:
L. W
Further Guidance Regarding the Care of Transgender Detainees
Page 3 of 18
Do you identify as a man, a woman, or as transgender?
If the detainee indicates he or she self - identifies as transgender, or has a gender identity
different from his or her biological sex, ERO personnel shall record the initial
determination in the appropriate data systems.
d. If the individual identifies that he or she is transgender, the same should also be noted on
the Form I -213 and the Form I -213 should indicate any other information he or she
disclosed related to his or her gender identity.
e. When processing an individual who identifies as transgender, ERO personnel should be
aware that he or she may:
i. Exhibit a gender expression (i.e., external and objective manifestations of gender,
such as, but not limited to, one's preferred name, pronouns, clothing, makeup,
haircut, behavior, voice, or body characteristics) that appear to indicate a gender
different from the sex listed on the detainee's identity documentation.
ii. Carry official documentation, including medical documentation, recognized by ICE
officials or a government entity (local, state, or federal) that indicates a gender
identity different from the detainee's biological sex or lists the detainee's gender
identity as transgender.
iii. Possess prescription medication (e.g., hormones), as verified by a qualified medical
professional, that indicates a gender identity different from the detainee's biological
sex.
f. The detainee shall not be disciplined for refusing to answer any gender identity- related
questions during processing, for not disclosing complete information in response to
questions asked about gender identity, or for falsely reporting that he or she is not
transgender.
g. If at any time during initial processing ERO personnel determine additional privacy is
needed to further address issues, questions, or answers referenced above with the
detainee, the FOD, to the extent practicable, shall ensure ERO personnel make
appropriate accommodations (such as using an office or unoccupied holding cell) to
converse with the detainee in private.
h. Pursuant to the DHS PREA Standards, the FOD shall ensure sensitive information, such
as a detainee's gender identity, is not used to the detainee's detriment by ICE personnel
or detention facility staff or other detainees, is not shared with other detainees, and is not
shared with others who do not have a need to know the information.
L.
Further Guidance Regarding the Care of Transgender Detainees
Page 4 of 18
i. Pursuant to the DHS PREA Standards, searches shall be conducted in a professional and
respectful manner, and in the least restrictive manner possible, consistent with security
needs. At no time shall any search be conducted solely for the purpose of determining a
detainee's biological sex.
3. Initial Placements
a. When a detainee identifies as transgender, ERO shall make individualized placement
determinations to ensure the detainee's safety.
b. In determining the appropriateness of a facility to house the detainee, FRO should
consider:
i. Facilities within the Field Office's Area of Responsibility (AOR) that have
incorporated the "ICE Detention Facility Contract Modification for Transgender
Care," (See Attachment 2) and, therefore, maintain a functioning Transgender
Classification and Care Committee (TCCC);
ii. Facilities within the AOR that operate a Protective Custody Unit (PCU) for
transgender detainees; or
iii. Facilities within the AOR that demonstrate best practices in the care of Lesbian, Gay,
Bi- sexual, Trausgender, or Intersex (LGBTI) detainees, to include, but not limited to:
(1) the availability of medical personnel who have experience providing care and
treatment to transgender detainees (to include the delivery of hormone therapy) and
(2) detention facility staff who have received LGBTI Sensitivity and Awareness
Training.
c. If placement into a facility described in Sections 3.b.i -iii above is not practicable, the
FOD shall ensure the facility chosen for placement within his or her AOR is able to
appropriately care for the individual. FODs are reminded that placement into segregation
should occur only when necessary and in compliance with applicable detention standards.
In particular, placement into administrative segregation due to a detainee's identification
as transgender should be used only as a last resort and when no other temporary housing
option exists. If the facility is unable to meet these requirements, or if the detainee
expresses concerns regarding his or her placement or conditions of confinement, the
POD, in consultation with his or her Office of Chief Counsel, shall examine options for
transfer of the detainee to a different facility. Attachment 3 lists DHS PREA and
Performance Based National Detention Standards 2008 and 2011 (PBNDS) requirements
related to transgender detainees.
4. Transfers: Transfers shall comply with ICE Policy 1.1022.1: Detainee Transfers (Jan. 4.
201Q. In addition, FODs should consider any transfer request made by the detainee related
to his or her transgender identification. Should FODs need guidance on initial placement or
subsequent transfer decisions, they are encouraged to reach out to the National ERO LGBTI
Coordinator and ERO Field Operations.
65B -10
Further Guidance Regarding the Care of Transgender Detainees
Page 5 of 18
5. Care of Transeender Detainees in ICE Facilities: ERO Custody Management, in consultation
and collaboration with other relevant ICE Directorates or Programs and components
(including the Office of Acquisition Management and the Office of Detention Policy and
Planning), will work with willing ICE service vendors to incorporate the model procedures
outlined in Attachment 2, "ICE Detention Facility Contract Modification for Transgender
Care" into facility contracts.
6. ERO LGBTI Field Liaisons
a. Each ERO FOD shall designate a specially trained employee at the supervisory level to
serve as an LGBTI Field Liaison'. The LGBTI Field Liaison will regularly communicate
with the National ERO LGBTI Coordinator (See section 7 below) and report to ERO
Headquarters on the progress of implementing and maintaining the provisions of this
memorandum. The LGBTI Field Liaison will also coordinate with the Prevention of
Sexual Assault (PSA) Coordinator in his or her Field Office where their responsibilities
and work overlap.
b. In detention facilities that have adopted the "ICE Detention Facility Contract
Modification for Transgender Care," the ERO LGBTI Field Liaison will be available to
actively participate on the facility's TCCC.
c. Each ERO LGBTI Field Liaison will also participate in all relevant training offered by
ERO Headquarters on the subject of this memorandum.
7. National ERO LGBTI Coordinator
a. ERO will designate a National LGBTI Coordinator. The National ERO LGBTI
Coordinator will: (1) serve as the primary point of contact and subject matter expert for
ERO regarding the care and treatment of LGBTI detainees in ERO custody; (2) evaluate
information collected from EAGLE, EARM, RCA and other relevant ICE information
technology systems regarding the care and custody of LGBTI detainees; (3) assist the
field and ERO Headquarters Directorates in utilizing information about LGBTI detainees
to help ensure compliance with the provisions of this memorandum; (4) continue to refine
and deliver training on the provisions of this memorandum; and (5) coordinate with
ICE's PSA Coordinator where their responsibilities and work overlap.
b. The National ERO LGBTI Coordinator shall also organize and convene a standing
working group to assess the implementation and maintenance of this memorandum,
advise agency leadership on issues affecting LGBTI detainees in ERO custody, further
explore best practices and strategies, and make additional recommendations when
necessary. The standing working group should meet no less than quarterly and at a
The ERO LGBTI Field Liaison selected by the FOD may also be the local field ERO Prevention of Sexual Assault
(PSA) Coordinator or other HQs collateral duty assignment (e.g. Segregation Review Coordinator).
65B -11
Further Guidance Regarding the Care of Transgender Detainees
Page 6 of 18
minimum include members from ERO Custody Management, ERO Field Operations,
ICE Health Service Corps, the ICE Office and Detention Policy and Planning, DHS
Office for Civil Rights and Civil Liberties, and one or more ERO LGBTI Field Liaisons.
The working group may also consult with outside stakeholders, including representatives
of non - governmental organization and academic institutions, as appropriate.
c. The National ERO LGBTI Coordinator shall assist in addressing public inquiries related
to the care and custody of transgender detainees. Inquiries may be received from
detained or non - detained individuals, their family members, attorneys or representatives,
and advocacy groups, among others.
d. The National ERO LGBTI Coordinator shall also establish and maintain regular reporting
mechanisms that pertain to the demographics of the transgender detainee population. The
reports shall be reviewed and approved prior to any internal and/or external
dissemination.
8. Training: As described above, the National ERO LGBTI Coordinator, in consultation with
relevant ICE and ERO Headquarters Directorates, shall continue to refine and deliver
training materials, to include the use of ICE's Virtual University, to assist FODs, ERO
LGBTI Liaisons, and other relevant Field Office personnel in the implementation of this
memorandum.
No Private Right of Action
This guidance is not intended to, does not, and may not be relied upon to create any right or
benefit, substantive or procedural, enforceable at law by any party in any administrative, civil, or
criminal matter.
Attachments
1. ICE Detention Facility Contract Modification for Transgender Care
2. PREA and PBNDS Requirements Related to Transgender Detainees
3. Definitions
65B -12
Further Guidance Regarding the Care of Transgender Detainees
Page 7 of 18
ATTACHMENT 1: ICE Detention Facility Contract Modification for
Transgender Care
I (FACILITI')J will comply with the following requirements related to the care
and custody of transgender detainees:
Transgender Care
1) Intake: Upon arrival at the detention facility, intake personnel shall review the detainee's
record and documentation. If the record indicates the detainee's gender identity differs from
his/her biological sex, intake personnel shall only ask questions related to gender identity
when such information is necessary to ensure the safety and security of other detainees and
staff. In addition, the facility shall ensure that sensitive information, such as the detainee's
gender identity, is not used to the detainee's detriment by facility personnel or other
detainees.
a) Intake personnel shall accurately record the detainee as transgender. The detainee shall be
treated as a protective custody detainee for the duration of the intake process.
b) The detainee shall be temporarily housed (i.e., in a location away from the general
population, to include in a medical unit or protective custody) for no more than 72 hours
(excluding weekends, holidays, and exigent circumstances) until classification, housing,
and other needs can be assessed by a Transgender Classification and Care Committee as
delineated below. In particular, placement into administrative segregation due to a
detainee's identification as transgender should be used only as a last resort and when no
other viable housing options exist.
2) Transgender Classification and Care Committee
a) The facility shall create and operate a Transgender Classification and Care Committee
(TCCC).
b) In facilities staffed by the ICE Health Service Corps (IHSC):
i) The TCCC shall be comprised of a dedicated facility medical representative, facility
mental health representative, a facility classification supervisor, the Enforcement and
Removal Operations (ERO) Lesbian, Gay, Bisexual, Transgender, and Intersex
(LGBTI) Field Liaison, and a supervisory representative designated by the Field
Office Director (FOD) (the supervisory representative from the ERO FOD can be the
ERO LGBTI Field Liaison).
ii) The TCCC may utilize remote forms of communication (i.e., phone or video -
teleconference) to facilitate meetings and other activities.
c) For facilities not staffed by IHSC:
65B -13
Further Guidance Regarding the Care of Transgender Detainees
Page 8 of 18
i) The TCCC shall include the IHSC Field Medical Coordinator (FMC), in addition
to a dedicated facility medical representative, a facility mental health representative,
a facility classification supervisor, the ERO LGBTI Field Liaison, and a supervisory
representative designated by the FOD (at the FOD's discretion, the supervisory
representative can include the ERO LGBTI Field Liaison).
d) The TCCC shall be chaired jointly by a representative from the facility and an ERO
representative, preferably the ERO LGBTI Field Liaison.
e) The facility staff members, including medical and mental health personnel, will have
appropriate training and experience in working with transgender persons.
3) Transgender Classification and Care Committee Determinations:
a) Meeting with the Detainee: In preparation for the TCCC meeting, the TCCC designated
facility medical representative(s) shall meet with the detainee as soon as practicable after
the detainee's arrival to the facility to gather information necessary to solicit the
detainee's preferences and requests with regard to housing, searches,2 and other matters.
The ERO LGBTI Field Liaison may also participate in any meeting with the detainee.
The communication between the TCCC representative(s) and the detainee shall be in a
language and manner the detainee can understand and should be conducted using the
TCCC Determination Question Guide provided at the conclusion of this document.
b) Meeting of the TCCC: The TCCC shall meet and provide a classification assessment no
later than 72 hours (excluding weekends, holidays, and emergencies) after the detainee's
arrival to the facility to assess medical, psychological, housing, and other needs.
c) Classification Assessment. As part of the transgender classification assessment, the
TCCC shall, at a minimum, consider:
i) The detainee's self - identification;
ii) An assessment of the effect of possible placements on the detainee's health and
safety, conducted by a medical or mental health professional (which may coincide
with the full medical assessment done in accordance with the applicable ICE
detention standards);
iii) The detainee's record and available documentation, including forms and notes from
initial processing, medical/mental health records, booking records, identification
documents, etc.; and
' Whenever practicable, the detainee's request should be honored but not to the detriment of the safety and security
of the facility or facility staff.
65B -14
Further Guidance Regarding the Care of Transgender Detainees
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iv) Observations provided by medical or mental health representative(s), to include those
based upon the latest Diagnostic and Statistical Manual of Mental Disorders (DSM)
criteria for the diagnosis of Gender Dysphoria.
d) Detention Plan: Once the TCCC determines the detainee's transgender classification, the
TCCC shall construct an individualized Detention Plan for each transgender detainee. As
part of its Detention Plan assessment, the TCCC shall, at a minimum, consider:
i) All records and prior assessments, including medical /mental health records, and an
assessment of the effects of any housing placement on the detainee's health and
safety that has been conducted by a medical or mental health professional;
ii) The detainee's preferences and requests;
iii) The detainee's self - assessment of his or her safety needs (i.e., does the detainee feel
threatened or at risk of harm?);
iv) The detainee's documented criminal history and past and/or current behavior;
v) The TCCC's determination of the detainee's safety /security needs, including
documented and self - reported history of sexual assault, victimization, or predatory
behavior;
vi) The detainee's physical, medical, or mental health, or special needs;
vii) Privacy issues, including showers, single -cell sleeping arrangements, etc.;
viii) Available beds and/or housing;
ix) Whether the housing assignment would pose a safety risk to other detainees (See
Section 3.e.ii "Safety, Security, and Privacy "); and
x) Effects of housing assignment on resources, including facility staff.
e) Requirements within the Detention Plan: Consistent with existing ICE policy and
detention standards, the individualized Detention Plan shall, at a minimum, contain the
following requirements:
i) Housing Assignment: Options to include:
a. General housing consistent with the detainee's biological sex;
b. General housing consistent with the detainee's gender identity;
c. A protective custody unit; or
d. Medical or administrative segregation.
65B -15
Further Guidance Regarding the Care of Transgender Detainees
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ii) Safety Security tnd Privacy: The TCCC shall address the safety, security, and
privacy needs for both the transgender detainee and the general detention
population when assessing the housing assignment. Discussion(s) may include
guidance on appropriate staffing levels in the housing option assigned (e.g., single
or shared cell, or dormitory housing).
iii) Hygiene: Consistent with ICE detention standards, facility staff shall ensure that
transgender detainees are able to maintain acceptable personal hygiene practices
consistent with thew gender identity and that ensure their safety. Transgender
detainees shall be provided the opportunity to shower in a setting that ensures safety
and privacy.
iv) Clothing and Commiagul: Transgender detainees will be provided undergarments
consistent with their gender identity as assessed by the TCCC. Transgender
detainees shall be issued standard detention attire consistent with their assigned
housing unit. Transgender detainees shall also be allowed to possess or purchase
through the commissary those hygiene and personal items that are consistent with
their Detention Plan.
v) Searches: As prescribed by standard 2.10 of ICE's 2011 Per ymance- Bared
National Detentlon Standards (PBNDSI, the transgender detainee's preference as to
the gender of the officer that will perform any necessary pat -down and strip
searches will be considered by the TCCC when drafting the Detention Plan and
followed by detention facility staff accordingly. Also with regards to strip searches
only, and pursuant to standard 2.10 of 10E's 2011 PBNDS, special care should be
taken to ensure that transgender detainees are searched in private. Searches shall be
conducted in a professional and respectful manner, and in the least restrictive
manner possible, consistent with security needs. Pursuant to DHS PREA
Standards, at no time shall any search be conducted solely for the purpose of
determining a detainee's biological sex. Requests for transgender detainees to
remove appearance related items such as prosthetics, clothing that conveys gender
identity, wigs, and cosmetics shall be consistent with requirements for the removal
of similar items for other non - transgender detainees. All strip searches shall be
documented.
vi) Staff Communication: Detention facility staff shall refer to transgender detainees
by their preferred pronouns.
vii) Medical Care: Pursuant to existing ICE detention standards, transgender detainees
who were already receiving hormone therapy when taken into ICE custody shall
have continued access to hormone therapy; those who have not yet begun treatment
will be assessed and treated, if deemecl medically necessary and safe in the context
of their other medical conditions. All transgender detainees shall have access to
continued mental health care and other transgender - related health care based on
medical need. Medical care for transgender detainees shall be provided by qualified
65B -16
Further Guidance Regarding the Care of Transgender Detainees
Page 11 of 18
and appropriate medical professionals and administered pursuant to the applicable
ICE detention standards.
f) Decision: The TCCC will attempt to reach consensus on all decisions.
i) The TCCC shall retain summary notes of each meeting to document persons
attending and conclusions reached. A copy of the notes shall be placed in the
detainee's detention file.
ii) Absent extraordinary circumstances, a written Detention Plan by the TCCC for the
detainee, including housing assignment, shall be forwarded to the facility
classification supervisor within 72 hours (excluding weekends, holidays, and
emergencies) of the detainee's arrival at the facility, and maintained in the
detainee's detention file; a copy of the plan and housing assignment shall also be
provided to the detainee.
g) Implementation of Detention Plan: The classification supervisor shall notify line staff
of the TCCC's Detention Plan and housing assignment decision.
i) Detention facility staff shall follow the Detention Plan outlined by the TCCC. If a
detention facility staff member identifies a safety or security risk posed by the
TCCC's plan, the staff member must inform the TCCC directly, or must notify
his/her supervisor as soon as practicable, and that supervisor must notify the TCCC.
The TCCC shall review the case and make adjustments to the Detention Plan, if
necessary, within 72 hours (excluding weekends, holidays, and emergencies) of
receiving notification.
ii) In the case of an immediate threat to the safety or security of the transgender
detainee or others, the detention facility staff may make a temporary change(s) to
the TCCC's plan (to include housing assignment), but should notify the TCCC as
soon as possible. Only the TCCC can approve permanent change(s) to the
Detention Plan.
h) Reassessment: The TCCC shall reassess a transgender detainee's Detention Plan and
housing assignment after 30 days following the initial determination and then every 60
days thereafter or at any other time if additional relevant information becomes known, or
following any incident of victimization or threats to safety experienced by the detainee.
As part of its reassessment, the TCCC shall, at a minimum, consider:
i) Changes in the transgender detainee's housing preferences;
ii) Variations in the detainee's medical and/or mental health status;
iii) Safety /security of the detainee, other detainees, and/or facility staff;
65B -17
Further Guidance Regarding the Care of Transgender Detainees
Page 12 of 18
iv) Any threats to safety experienced by the detainee;
v) Continued availability of housing; and
vi) The detention facility's documented concerns.
65B -18
Further Guidance Regarding the Care of Transgender Detainees
Page 13 of 18
TCCC Determination Questions Guide
In preparation for the TCCC meeting, the designated facility medical representative(s), shall
meet with the detainee no later than 72 hours (excluding weekends, holidays, and emergencies)
after the detainee's arrival to the facility to gather information necessary to verify the transgender
classification, and to solicit detainee's preferences and requests with regards to housing,
searches, and other matters. The ERO LGBTI Field Liaison may also participate in any meeting
with the detainee. The following questions are provided to assist in this initial meeting, but may
be used in other settings as deemed appropriate.
1) Do you identify as transgender?
IF YES to #1, then proceed to ask the following questions:
Name
2) Do you go by or use any other name(s) or aliases?
3) What pronoun(s) do you prefer others use to refer to you?
Medical Issues
4) Prior to coming here, were you taking any hormonal medications?
a. If yes, what were they?
b. How often were you taking them?
c. Were these prescribed by a doctor?
Hygiene and Grooming
5) Do you prefer to wear male or female clothing?
6) Are there any specific clothing items (e.g., undergarments) that you need that have not
been provided?
7) Are there any specific personal hygiene items that you need that have not been provided?
Housing
8) Do you feel you are at risk for your safety based on your gender identity?
a. Would you feel safer being housed with men or women?
b. Would you feel safer being housed with transgender women or men?
c. Would you feel safer being housed in a cell with someone else or by yourself?
Programming
9) Do you feel comfortable being around male and female detainees during recreation,
organized programs, or other types of group activities?
a. If not, would you prefer to be separated from males or females?
b. Do you feel you require complete separation, or would specific types of
safeguards (e.g., sight or sound separation, staff escort) address your concern(s)?
Searches
10) Do you have a preference for whether a male or female staff member searches you? If so,
which would you prefer?
65B -19
Further Guidance Regarding the Care of Transgender Detainees
Page 14 of 18
Other
11) Is there anything else we should know about you related to being transgender —any
particular concerns?
12) Are there any other specific precautions and/or accommodations you think you would
like to have to ensure your safety and welfare while at this facility?
65B -20
Further Guidance Regarding the Care of Transgender Detainees
Page 15 of 18
ATTACHMENT 2:
PREA and PBNDS Requirements Related To Transgender Detainees
Pursuant to Section 3(e) of this memorandum, applicable requirements from ICE detention
standards and the DHS PREA Standards include:
a) Classification and Housing
i) At facilities governed by the DHS PREA Standards or PBNDS 2011, facility staff
must consider the detainee's gender self - identification and an assessment of the
effects of placement on the detainee's health and safety, when making classification
and housing decisions for transgender or intersex detainees. A medical or mental
health professional must be consulted as soon as practicable on this assessment. The
facility may not base placement decisions solely on identity documents or the
physical anatomy of the detainee; rather, a detainee's self - identification and self -
assessment of safety needs must always be taken into consideration as well.
ii) At facilities governed by PBNDS 2008 or NDS, and which use ICE's Detainee
Classification System, facility staff must take into consideration and document
whether a detainee requires protective custody to ensure his/her safety and well-
being, such as because of perceived or actual sexual orientation or gender identity.
b) Showering and Privacy
i) At facilities governed by the DHS PREA Standards, transgender and intersex
detainees must be given the opportunity to shower separately from other detainees
when operationally feasible.
ii) At facilities governed by PBNDS 2011 or PBNDS 2008, transgender detainees must
be provided with a reasonably private environment for bathing and toilet facilities, in
accordance with safety and security needs.
c) Personal Hygiene and Grooming
i) The detention standards do not restrict the provision of gender appropriate clothing.
In general, brassieres should be provided to individuals who request them, as
appropriate.
ii) At facilities governed by PBNDS 2011 or PBNDS 2008, transgender detainees should
be allowed freedom in personal grooming, and access to commissary items (including
those appropriate for the detainee's identified gender) absent a valid safety, security,
or medical concern that is fully justified and documented.
65B -21
Further Guidance Regarding the Care of Transgender Detainees
Page 16 of 18
d) Medical Care
i) At facilities governed by PBNDS 2011, initial medical screening must inquire into a
transgender detainee's gender self - identification and history of transition- related care.
Transgender detainees who were already receiving hormone therapy when taken into
ICE custody shall be provided continued access, and all transgender detainees must
have access to mental health care and other transgender- related health care and
medication (such as hormone therapy) based on medical need. Treatment must
follow accepted guidelines regarding medically necessary transition- related care.
65B -22
Further Guidance Regarding the Care of Transgender Detainees
Page 17 of 18
ATTACHMENT 3: Definitions
The following definitions apply for purposes of this memorandum only:
1. Biological Sex. An individual's biological status as either male or female, typically
assigned at birth, and associated primarily with physical attributes such as chromosomes,
hormone prevalence, and external and internal anatomy.
2. Detainee. An individual detained in ERO custody.
3. Detention Plan. A plan for a transgender detainee, constructed by the Transgender
Classification and Care Committee at an ICE detention facility with instructions for how
to address issues including, but not limited to, housing, clothing, showering, grooming,
name and pronoun use, recreation, programming, escort, transportation, searches,
privacy, etc.
4. Diagnostic and Statistical Manual of Mental Disorders (DSM). The standard
classification of mental disorders used by mental health professionals in the United States
as published by the American Psychiatric Association. DSM -5 (Fifth Edition) is the most
current edition of the drafting of this guidance.
5. Gender Affirming Surgery. Surgical alteration of male or female genitals, or the
reshaping, by any surgical procedure, of a male body into a body with female appearance,
or vice versa. Also referred to as "sex reassignment surgery (SRS)," "gender
reassignment surgery (GRS)," or by other names. Note: gender affirming surgery is the
preferred name.
6. Gender Dysphoria. Medical diagnosis in the American Psychiatric Association's
DSM -5 that describes the distress that may accompany the incongruence between an
individual's experienced or expressed gender and the individual's biological sex. This
was previously known as Gender Identity Disorder.
7. Gender Expression. The ways in which an individual communicates/displays his/her
gender identity to others; a combination of appearance, demeanor, and behavior.
8. Gender Identity. An individual's internal sense of being a man, woman, or another
gender. It is not necessarily based on the individual's biological sex or on the
individual's sexual orientation. Because gender identity is internal, it is not necessarily
visible to others, but may be externally manifested in the individual's appearance,
behavior, demeanor or other aspects of the individual's life.
9. Gender Non - Conforming. Having an appearance or manner that does not conform to
traditional societal gender expectations.
10. Intersex. Having sexual or reproductive anatomy or chromosomal pattern that do not
65B -23
Further Guidance Regarding the Care of Transgender Detainees
Page 18 of 18
seem to fit typical definitions of male or female. Intersex medical conditions are
sometimes referred to as disorders of sex development.
11. LGBTI. The acronym for Lesbian, Gay, Bisexual, Transgender, and Intersex.
12. Sexual Orientation. A pattern of romantic, emotional, physical, and/or sexual attraction
towards members of the same, opposite, or both sexes. Includes homosexuality,
heterosexuality, and bisexuality.
13. Transgender. A person whose gender identity (i.e., internal sense of feeling male or
female) is different from the sex assigned to the person at birth.
14. Transgender Classification and Care Committee (TCCC). The detention facility
committee that gathers information and assesses the gender identity of the detainee, and
produces and regularly assesses a Detention Plan for a transgender detainee.
15. Transgender man. An individual who is a biological female and has a gender identity as
a man.
16. Transgender woman. An individual who is a biological male and has a gender identity
as a woman.
17. Transition. The process by which an individual changes his/her gender from that
assigned at birth to one with which he /she now identifies. This may include making
personal, legal, and medical changes to his/her gender, such as changing his/her name
and/or gender on legal documents; undergoing hormone therapy; and/or undergoing
one or more forms of surgery.
65B -24
Draft Poliev Reeardin¢ Trans ender People in Custody
A. TRAINING
B. ACCURATE TERMINOLOGY
C. DISCRIMINATION AND HARASSMENT
D. NAMES AND PRONOUNS
E. MEDICAL & MENTAL HEALTH PROTOCOLS
F. INTAKE
G. HOUSING
H. TRANSGENDER CARE AND CLASSIFICATION COMMITTEE (TCCC)
I. REVIEW OF HOUSING AND CLASSIFICATION
J. PROGRAMMING
K. PRIVACY
L. CLOTHING AND GROOMING
M. SEARCHES
Exhibit 3
65B -25
PURPOSE
This sets forth the Santa Ana City Jail's ( "SACJ ") policy with respect to housing, classifications,
searches, privacy, and interactions with transgender people in custody to ensure that members of
the Department can interact with this community in an appropriate, respectful and unbiased
manner. It will also ensure compliance with the Prison Rape Elimination Act of 2003 and its
implementing regulations, the National Standards to Prevent, Detect, and Respond to Prison
Rape ( "PREA Standards").'
A. TRAINING
To prevent abuse of and discrimination against transgender people in SACJ's custody, all
Department staff (including officers) shall receive robust, comprehensive training on an
annual basis on this policy and transgender awareness and safety.
Staff will be trained to ask culturally appropriate and respectful questions, to treat
transgender people respectfully, and to refer to transgender people by their preferred
names and pronouns.
SACJ shall implement full training for staff on this policy and other matters related to the
transgender community in Santa Ana. Trainings shall be led or co- facilitated in
meaningful part by members of the LGBT community and by organizations
knowledgeable about these issues and communities.
Training on transgender issues shall be incorporated throughout all staff trainings,
including Searches Training and Cultural Sensitivity Training. Staff shall receive 8 hours
of training specifically on transgender issues and shorter "refresher" trainings as needed
and at a minimum of once annually.
To ensure culturally competent, accurate, and effective training content, SACJ will hire,
in consultation with the Orange County LGBT Center, an independent evaluator who
shall evaluate implementation of this policy during the initial phase of implementation.
The independent evaluator shall provide a report on training effectiveness and
recommendations for improvement within one year of this policy's enactment. Funding
for training and evaluation shall come from the SACJ's current budget.
B. ACCURATE TERMINOLOGY
Gender means attitudes, feelings, characteristics, and behaviors that a given culture
associates with being male or female and that are often labeled as "masculine" or
28 C.F.R. § 115. The U.S. Department of Justice has posted anew FAQ to provide guidance stating that "Any
written policy or actual practice that assigns transgender or intersex inmates to gender - specific facilities, housing
units, or programs based solely on their external genital anatomy violates the standard. (Standard 115.42(e) )."
Seelittp : / /www.prearesoureecenter .org/node /3927units, or programs based solely on their external genital anatomy
violates the standard. (Standard 115.42(e) )." See http : / /www.prearesoureecenter.org /node /3927
65B -26
"feminine." California law defines "gender" as sex, and includes a person's gender
identity and gender expression. Cal. Penal Code § 422.56
Gender Identity means an individual's internal, personal sense of their own gender,
which may or may not be associated with a person's assigned sex at birth.
Gender Expression means a person's gender- related appearance and behavior whether
or not stereotypically associated with the person's assigned sex at birth. Cal. Penal Code
$ 422.56.
Intersex: A general term used for a variety of conditions in which a person is born with a
reproductive or sexual anatomy that doesn't seem to fit the typical definitions of female
or male.
Transgender: An umbrella term for persons whose gender identity, gender expression or
behavior does not conform to that typically associated with the seat to which they were
assigned at birth.
C. DISCRIMINATION AND HARASSMENT
SACJ's staff, contract provider employees, interns, and volunteers are prohibited from
engaging in any form of discrimination or harassment against transgender people in
custody, including discrimination or harassment based on actual or perceived gender
identity or expression or based on association with a transgender person.
D. NAMES AND PRONOUNS
Regardless of where housed, all transgender individuals in custody shall be addressed by
their preferred name or last name, as well as the pronouns consistent with that
individual's gender identity (e.g. "he," "she," or gender neutral pronouns such as "they ").
Consistent use of the wrong name or pronoun constitutes prohibited harassment. A
person's preferred name and gentler pronoun shall be used when referencing the person
within the text of documentation and records, unless otherwise required by law.
E. INTAKE
a. Upon conducting an intake, SACJ staff will ask each person if they would like to
disclose whether they are transgender —i.e., whether they have a gender identity
or gender expression that differs from those typically associated with their birth -
assigned sex.
b. Conversations about an individual's gender identity or expression will be held in a
private space, such as an office or unoccupied holding cell.
c. All questions shall be asked in a respectful manner and the information gathered
will be kept confidential.
d. If a person in custody indicates that they are transgender— either upon intake or at
a later time —staff will ask them to complete a Statement of Preference Form (see
Appendix A). The Statement of Preference Form will indicate the individual's
65B -27
gender identity, their preferred name and pronouns, the gender of the custody staff
they would prefer to be searched by, and the housing facility in which they
believe they will be safest: either in a women's or men's facility, or in a
designated transgender module if the person vohmtarily consents; and requested
classification placement (single cell, double cell, or general population).
e. When booking a transgender person the SACJ will use the person's preferred
name in all booking documents.
L Some individuals may feel unsafe initially revealing they are transgender. A
person in custody shall not be disciplined or penalized in any way for declining to
answer any gender - related questions during intake and processing or for later
disclosing their gender identity or expression.
F. MEDICAL & MENTAL HEALTH PROTOCOLS
SACJ shall ensure that transgender women in its custody are able to freely access routine
and emergency medical and mental health care services without discrimination. To
ensure appropriate medical and mental health care for all persons housed at SACJ, SACJ
agrees to medical oversight from the medical director of the LGBT Center Orange
County's Transgender medical clinic or other jointly identified expert.
Transgender women who were previously undergoing hormone replacement therapy
prior to detention shall have continued access to treatment in detention. A medical
professional specializing in transgender care shall assess those who had not already
begun transition related medical treatment and would like to begin such treatment.
Access to treatment shall be provided based on the appropriate medical standards of care.
G. HOUSING
It is the policy of SACJ to house transgender people in a facility consistent with their
gender identity, unless the individual objects based on concerns for their safety. If an
individual raises a safety concern, SACJ must follow the selections made on the
transgender individual's Statement of Preference Form in regards to being housed with
women, men, or other transgender people. Custody staff may raise serious, specific and
articulable security or management concerns related to how an individual is housed (i.e.
single cell, double cell, bunk) to the Transgender Classification and Care Committee
(TCCC), which will then male a recommendation as to how to house an individual, but
may not override the person in custody's request to be housed in a women's or men's
facility, or the transgender module.
In general, transgender people must be housed in the general population of the men's or
women's facility, or transgender module, unless the individual requests another type of
housing (such as single cell, double cell, or administrative segregation) for their own
safety. If SACJ staff raise serious, specific, and articulable security or management
concerns about placement of a particular transgender individual in the requested type of
housing, staff will document the basis for any such concerns in writing and the housing
classification determination will be referred to the TCCC. The TCCC may consider
�. •
factors such as the individual's security threat level, criminal and disciplinary history,
medical and mental health information, vulnerability to sexual victimization, and
likelihood of perpetrating abuse when making a classification recommendation.
Segregation
Transgender individuals shall not be involuntarily placed in segregated cells solely
because of their gender identity or expression or for their own protection, except for the
period not to exceed three business days while the TCCC makes its determination.
A transgender person may choose to be placed in a segregated cell if the individual has
safety concerns about being housed with other people. If a transgender person is placed in
a segregated cell voluntarily due to their own safety concerns, the reasons for this
housing placement must be documented in the individual's medical file and signed by the
individual. This placement shall not exclude the individual from participating in
programming.
For all transgender individuals housed in segregation, a mental health evaluation shall be
conducted every 10 days to ensure all mental health needs are being met,
Lockdowns:
Lockdowns will never be used as punishment. Lockdowns will only occur in the rare
circumstance that there is a specific and articulable security concern, and with the written
approval of a supervisor. Every lockdown, along with the specific and articulable
security concern, will be noted in the person in custody's records, and available for
review by the TCCC, the independent oversight committee, and the person in custody's
attorney (if any). Abuse of loekdown protocol will result in employee discipline.
Additionally, even while locked down; all individuals are permitted at least one hour of
daily out -of -cell time.
H. TRANSGENDER CARE AND CLASSIFICATION COMMITTEE (TCCC)
The Transgender Care Classification Committee (TCCC) is a multi - disciplinary body of
four to five members and shall include one classification expert, one member of the jail's
mental health team, one staff member from the Santa Ana County Department of Public
Health or the OC Human Relations Commission, and at least one individual who
identifies as a person of transgender or gender- variant experience and is not employed as
a custody or police officer. If consensus cannot be reached, the TCCC's determinations
will be made by majority vote.
The purpose of the Committee is to determine whether a transgender person should be
classified for placement in the general population, single cell, double cell, or
administrative segregation. The Committee's function is not to assess the validity of a
transgender person's gender identity or to determine whether the person will be housed in
a men's or women's facility, or the transgender module. The Committee shall evaluate
65B -29
whether the serious, specific, and articulable security or management concerns asserted
by custody staff, in consultation with medical and mental health staff, justify placing a
transgender person in a classification placement different from the one stated on the
individual's Statement of Preference Form.
At least one member of the Committee (other than a custody staff member) will conduct
a meaningful interview with the transgender individual to assess that individual's
placement preference and safety needs. The interview may include questions such as:
o Are you, or have you been perceived to be, gay, lesbian, bisexual, transgender,
intersex, or gender variant?
o Have you ever been sexually victimized?
o In what type of cell/bed would you prefer to be placed? Why?
o In what type of cell/bed do you think you will be safest?
A person in custody shall not be disciplined or penalized in any way for declining to
answer any such questions.
In determining how to classify a transgender imnate, the TCCC shall consider the
following:
1. The individual's answers to the above questions relating to the individual's
preferences and requests, as well as their own assessment of their safety needs (does
the individual feel threatened or at risk of harm);
2. All records and prior assessments, including medical /mental health records, and an
assessment of the effects of any housing placement on the individual's health and
safety that has been conducted by medical or mental health professionals.
3. The individual's documented criminal history and past and/or current behavior,
including any prior offences or current and /or prior behaviors that indicate an
individual has a history of predatory behavior toward others;
4. The TCCC' S determination of the individual's safety /security needs; including
documented and self- reported history of sexual assault, victimization, and/or
predatory behavior;
5. The person in custody's physical, medical, mental health, or special needs;
6. Privacy issues, including showers, single cell sleeping arrangements, etc.
7. Whether the housing assignment will pose a risk to other individuals in custody.
Discussions may include guidance on appropriate staffing levels in the housing option
assigned (e.g. single or shared cell, or dormitory) to ensure safety, security and
privacy needs of all individuals in custody.
During the time the TCCC is making a housing and classification recommendation,
the individual may be housed in a segregated cell or protective custody if there are no
other options available.
65B -30
The TCCC shall issue its determination and reasoning in writing within three business
days of the transgender person's admission to SACJ custody, or, for an individual
already in SACJ custody, the person's request for a new placement.
I. REVIEW OF HOUSING AND CLASSIFICATION
Within the first 15 days of being assigned housing and classification, a transgender
person in custody will be interviewed —in as private a setting as possible —about any
safety concerns they may have with their placement, and will be asked again in which
housing and classification assignment they feel they would be safest and. Thereafter, a
transgender person in custody will be offered an optional follow -up interview every 60
days, in as private a setting as possible, to identify any problems related to their housing
or classification assignment and any need to reconsider. An interview and reassessment
of housing or classification assignment shall also be conducted immediately if a
transgender individual indicates they feel unsafe in their current housing or classification
assignment or there is evidence they maybe unsafe in their current housing or
classification assignment.
J. PROGRAMMING
Regardless of housing assignment, all transgender individuals must be permitted to
participate in all recreation, programming, employment, and other activities available to
other persons in custody, even when an individual is housed in administrative segregation
if such placement is unrelated to disciplinary action.
K. PRIVACY
All transgender individuals regardless of housing area shall be allowed to "shower,
perform bodily functions, and change clothing without nonmedical staff of a different
gender viewing their breasts, buttocks, or genitalia, except in exigent circumstances or
when such viewing is incidental to routine cell checks. "2 For purposes of this policy,
"staff of a different gender" means staff with a gender different from the person's gender
identity, regardless of where the individual is housed.
L. CLOTHING AND GROOMING
Regardless of where housed, all people in custody shall have access to clothing and
grooming items, accessories, and all other items consistent with their gender identity or
gender expression, including makeup, bras, gender appropriate underclothes, etc.
M. SEARCHES
All searches shall be conducted consistent with PREA and Department search policy.
1. When a search of a transgender individual is required, the search will be
28 C.F.R. § 115.15(d).
65B -31
conducted by an officer and, for a strip search, overseen by a supervisor.
2. The officer and the supervisor will both be of the gender indicated by the
individual's search preference in their Statement of Preference Form.
3. If the person has not completed a Statement of Preference Form, the person
will be asked their preference as to the gender of the officer and supervisor
performing the search.
4. If the person cannot indicate a preference, the search shall be conducted by at..
officer and supervisor of the gender that corresponds to the individual's
gender identity.
5. If the individual's preference or gender identity cannot be determined, the
search shall be conducted by a female officer and female supervisor.
6. Searches will not be performed as a punitive measure.
7. Under no circumstances shall a person in custody be searched for the sole
purpose of observing or confirming person's genital characteristics or gender.
65B -32