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HomeMy WebLinkAbout65A - SA JAIL UPDATEll 0 0 0 CITY COUNCIL MEETING DATE: MAY 17, 2016 TITLE: RECEIVE AND FILE UPDATE ON SANTA ANA JAIL; AUTHORIZATION TO DEVELOP AND ISSUE A REQUEST FOR QUALIFICATIONS FOR JAIL RE -USE STUDY; AUTHORIZATION TO ENTER INTO NEGOTIATIONS FOR EARLY RETIREMENT INCENTIVES; AUTHORIZATION TO ENTER INTO AN AGREEMENT FOR A TRANSGENDER CARE PILOT {STRATEGIC PLAN NO. 1, 4A} CITY MANAGE RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2n6 Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Receive and File Council Update on Santa Ana Jail from February 2, 2016 City Council meeting. 2. Authorize City Manager to work with community members and labor representatives from the Police Officers Association to develop and issue a Request For Qualifications for a consultant to conduct a Jail Re -Use Study budgeted up to $100,000. 3. Authorize the City Manager to enter into an agreement for a Transgender Care and Classification Committee Pilot program. 4. Authorize City Manager to enter into negotiations with Police Officers Association to offer early retirement incentives to full -time staff in the Jail Facility. 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." City Manager's Office staff met with the individuals that spoke on the issue during the Council meeting and attended several meetings to further discuss their concerns. 65A -1 Update on Santa Ana Jail May 17, 2016 Page 2 The City Manager, Police Chief, and Jail Administrator conducted eight 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 Meeting # 8 March 3, 2016 March 4, 2016 March 7, 2016 March 17, 2016 March 30, 2016 April 4, 2016 April 6, 2016 April 11, 2016 Center OC CMO Office Ross Annex Room 1600 Ross Annex Room 1600 CMO Office Center OC Ross Annex Room 1600 City Hall 831 (With P.O.A.) The conversations were focused around two major policy areas. The first focus area was regarding improvements to the overall conditions at the Santa Ana Jail facility, the handling of the transgender population at the facility, the facility's strip search policy, release procedures, and specifics regarding the proposed transgender population module. The Jail Administrator worked with the United States Immigration and Customs Enforcement (ICE) to provide good faith efforts to reduce the need for strip searches for detainees that 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 dignified care. The second area of concern focused on discussing mid -to -long range strategies for phasing out the ICE contract at the Santa Ana Jail facility. Initial discussions with community members highlighted the lack of support for the privatization of the jail facility. These community members indicated that they would not be able to support a single approach for re -use. The conversation concluded with the preference for a re -use study of the facility with multiple options. Staff recommends working with the involved stakeholders to draft and review a Request for Qualifications (RFQ) to identify a consultant to study jail re -use options for the Santa Ana Jail Facility. During the two month span of conversations with the community, the Santa Ana Jail facility experienced a decline in ICE detainees, from a population of 237 to a low of 165. This decrease in population resulted in a $3,097,755 annual reduction. As of May 9 2016, the population increased to 182. The transgender population has decreased to 27 people in a module designed for 64 and is not financially feasible under the current agreement. If the City Council does not approve the Transgender Care and Classification Committee Pilot program, staff would need to combine the transgender and gay /bisexual modules. Members from the Lesbian, Gay, Bi- Sexual, Transgender (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 Transgender Care and Classification Committee (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, some type of financial assurance would be required in order to provide increased levels of specialized care for the facility's transgender population. 65A -2 Update on Santa Ana Jail May 17, 2016 Page 3 During the community meetings, members of the community provided an alternative to the TCCC as outlined in the draft policy (Exhibit 3). Changes or additions to City policy require formal review and legal analysis prior to implementation. Furthermore, ICE also requires a contract amendment in order to adhere to proposed changes. Any City policy change impacting federal detainees would require a mutually agreeable contract amendment to use beds consistent with operational need and availability. 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. Staff recommends: 1. Authorizing the City Manager to work with community members and labor representatives from the Police Officers Association to develop and issue a Request For Qualifications for a consultant to conduct a Jail Re -Use Study, budgeted up to $100,000. 2. Authorizing the City Manager to enter into an agreement for a Transgender Care and Classification Committee Pilot program (Exhibit 4). 3. Authorizing the City Manager to enter into negotiations with Police Officers Association to offer early retirement incentives to full -time staff in the Jail Facility. 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 directions on the recommended actions have been provided to staff. Exhibits: 1. List of Agencies and Individuals Consulted 2. Transgender Care and Classification Committee Memorandum 3. Community Proposal - Draft Policy Regarding Transgender People in Custody 4. Amended Agreement with Immigration and Customs Enforcement Agency 65A -3 65A -4 Organizations Consulted During Meetings 1. ACLU 2. De Colores 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 65A -5 65A -6 MEMORANDUM FOR: FROM: SUBJECT: Purpose Qlpce ,,l Gnfin cement and Revmral Operations G.S. Department of Homeland Securiq 5oo 121, st. sm, Washington, DC 20536 .fOiYRTf�t y;*Jr' 4o U.S. immigration { ' and Customs �'�''Plw,p;��� °r' Enforcement June 19, 2015 Assistant Directors Deputy Assistant Directors Field Office Directors Deputy Field Office Directors Assistant Field Office Director ICE Health Service Corns- Thomas Homan Executive Assot 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 (FRO). 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 ERO 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 65A -7 65A -8 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 ERG 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. 65A -9 65A -10 Further Guidance Regarding the Care of Transgender Detainees Page 5 of 18 Care of Transgender 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). 65A -11 65A -12 Further Guidance Regarding the Care of Transgender Detainees Page 7 of 18 ATTACHMENT 1: ICE Detention Facility Contract Modification for Transgender Care [ (FACILITY)] 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: 65A -13 65A -14 Further Guidance Regarding the Care of Transgender Detainees Page 9 of 18 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. 65A -15 65A -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; 65A -17 65A -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? Hvgiene 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? 65A -19 65A -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. 65A -21 65A -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 65A -23 65A -24 Draft Policy Regarding Transaeuder 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 65A -25 65A -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 sex 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 gender 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 65A -27 65A -28 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 lockdown 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 65A -29 65A -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 may be unsafe in their current housing or classification assignment. 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." z 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). 65A -31 65A -32 AMENDMENT OF SOLICITATION (MODIFICATIONOFCONTRACT 1' c. D 1 � 2 2. AMANDMANWINICATION NO S. EFFECTME OATS 4 RAQUTAITION(FUNCHASERAO. NO E, PROJECT No. (if aAplla4WO1 P00001 Sea Block 1fC a ISAUEOST 0. A ICE /DM /OC- 1AQUNA 7,AbMINI TER DDP111411wlhan fdm Is CODS ICE /DM /DC- LAQUNA ICE /Detant Mngt /DQtent Contract -LAC ICE /Decant. Mngt /Detent Contract-LAQ Immigration and customs Enforcement Immigration and Customs Enforcement Office of Acquisition Management Office of Acquisition Management 24000 Avila Road, Room 7104 24000 Avila Road, Room 3104 Attn: Natasha Nguyen 949)425-7030 Attn1 Natasha Nguyen, 49491425 -7070 Laguna Niguel CA 92677 Laguna Niguel CA 92677 @. MAtdE MJDARDRESS OF CON CTORId?,aeea. AaANAarwawrinLagi A 9A. AM9140MANTOF SOLICITATION NO.. .. SANTA ANA CITY OF W CIVIC CENTER PLAZA Ss, DATED f6EE+r4M 111 SANTA ANA CA 92701 N p4AA, AA11ppppII TT pp OF E'ROIGSAAI SN DU RA07 /OR0AR NO. 07 qNT 1@B. DATED JEWS ITEM ISI - - - - - D5/3012D1.5 CODE D83163247 FAOILITP ODE ib ._ ntlgbMq Na1144f4d A4U14N14 Oilma muN 44kngaladpe rer4 4Am! @Ana1P,4M Nwminp MgAOr 11W n/a 9R, TMIa 1PAMOMI.YAFP6IE@ T? MODIEIDAnOR W DONPRACT@IORDEA@� R MODIFIER THE 0ONTaAOTIDNDER nQ.AS D9@aAl@ ®D IN ITEM 14, A. ;MIA rnoGA ORDER.1@ IAAUSD PIJRADANT TO (EFMy AWAWW THE CHANGES SET FONTH IN ITEM 14 ARE MAYS A THE CONTRACT @ THE AEpYSNUM9ERAD 49di�B. CT( O�AFtiS. MQDIPIE4' TA. R9FI .SGTttl @AQMIdITTAATNE..GMAHGAS tawM+aadNfreammaannaaEUq. X jMutu4l Agreement of the Parties Z RIPORUNT: CmMm AIAIli. efgµUUg4IqN�uuA'4x4manlaM.(ANm. QNMAiR!.Nab4gil@ . 14. DESCRIPTION OF AMENOMENTIMOMFICATION (OTAN9009y UCFwdi n114adq& mWnSA4fImf4lWAkonfr4MtifA(IPI maRaPN9I4mAtaarpb) DUNSNumberl 083154247 COB POC/ Aaryoosh Mackay, (213) 633 -4977 or e-mail at Oaryooah.A.MackayQi".dhs,gov Alternate. COB FOCs Daniel Pomplun, (760) 561 -6327 or e� -.mail at daniel..a,pomplunQica.dhF , pov This modification is to incorporate the following: 1) To Incorporate provisions for tranagender care outlined on the Attachment 6 - Tranagender Cara, see attached. 2) Add assurance for 64 Weds to separate and dedicate. for Tranagondar datainaaa. Continued. .., %T. Halls nRW � nimowmpr P OW%444Nnk 44rla Prgae Why FAR (4E CFR) 65A -33 65A -34 ATTEST; MARIA HUIZAR Cleric of the Council APPROVED AS TO FORM. SONIA R. CARVALHO City Attorney Laura A. Rossini Senior Assistant City Attorney CITY OF SANTA ANA DAVID CAVAZOS City Manager 65A -35 65A -36 CONTINUATION SHEET I REFERENCE NO. OF DOCUMENT BRING CONTINUED PACE OF EROIGSA -I9- 0007 /P00QQI 12 1 2 NAME OF OFFEROR OR CONTRACTOR SANTA ANA CITY OF ITEM NO, (A) SUPPEIRS IRRVICES (B) QUANTITY (C) UNIT (B) UNITPRICE (E) AMOUNT (F`) 3) Remove the number of beds stated in Article 3 - Covered Services, Section A - Bedspaco to state that the Service Provider and ICE shall use beds consistent with operational need and availability Exempt Action: x LIST OF CHANGES: Reason for Modification ; S9Applemental Agreement for work within scope Period of Perfor.mancei 07/01/2015 to 06/30/2020 NtlN YGCA.R140 AARR/ 9RTIQN& FPRM ARA IA-AR! AS 7 WpnnAQrol by WA 65A -31 FARpA QFRI 4RdiR 65A -38 EROIGSA -15 -0007, P49001 Attachment b - Transgender Care [Santa Ana Jail FACILITY] will comply with the followtng requirements related to the care and custody oftransgender 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) until classification, housing, and other needs can be assessed by a Transgender Classification and Care Committee as delineated below, When feasible, the facility will initiate the review process within 72 hours (excluding holidays, and exigent circumstances and not to exceed 10 calendar days. 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 Classiflcation and Care Committee a) The facility shall create and operate a Transgender Classification and Care Committee (TCCC). b) In facilities staffed, by the ICF 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 (ERCi) Lesbian, Uay, Bisexual, Transgeadcr, and Intersex (LOOTi) Field Liaison, and a supervisory representative designated by the Field Office Director (FOD) (the supervisory representative from the CRCs FOD can be the ERO I. HTI Field Liaison), 11) The TCCC may utilize remote forins of communication (i.e., phone or video - teleconference) to facilitate meetings and other activities, c) For faellitles i t- tafl'ed by MSC: i) The TCCC shall include the IHSC Field Medical Coordinator (FMC), in addition to a dedicated facility medical representative, a facility mental health representative, 65A -39 65A -40 EROIGSA -13 -4007, F00001 Attachment b - Transgender Care a facility classification supervisor, facility ICE compliance officer or security supervisor, the ERO LGBTI Field Liaison, and asupervisory representative designated by the FOD (at the FOD's discretion, the supervisory representative can include the ERO LOBTI Field Liaison). d) The TCCC shall be chaircdjointly by a representative from the facility and an FRO representative, preferably the ERO LGBTI Field Liaison, e) In coordination with FRO LGBT1 Field Liaison, the facility staff members, including medical and mental health personnel, will have appropriate training and experience in working with transgender persons. Training provided will be pursuant to a training plan mutually agreed upon by the parties, 3) Transgender Classylication 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, i and other matters. The ERO LBTI 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 10 calendar days but when feasible, within 72 hours (excluding weekends, holidays, and emergencies) after the detainee's arrival to the facility to assess medical, psychological, housing, and other needs. c) Class(fleattanAssessment; As part of the transgendcr classification assessment, the TCCC shall, at a minimum, consider: 1) The detainee's self-Identification, 11) 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 colncide 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 iv) Documented observations provided by facility staff supervising the detainee in the 1 Whenever practicable, the detainee's request should be honored but not to the detriment of the satty and security of the facility or facility staff, 21Patie^ 65A -41 65A -42 EROIGSA -15- 0007, iA00001 Attachment G - Transgender Care assigned housing unit; 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 Mender Dysphoria, d) Detention Plan: Once the TCCC determines the detainee's transgender classification, the TCCC shall construct an individualized Detention flan 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.c.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) - Alou Amiumm: Options to include: a. General housing consistent with the detainee's biological sex; b. General housing consistent with the detainee's gander identity; c, A protective custody unit, or d, Medical or administrative segregation. 11) Safety. Secut itv and Pnvacr 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 65A -43 65A -44 EROIGSA -IS -0007, P00001 Attachment 6 - Transgender Care guidance on appropriate staffing levels in the housing option assigned (e.g., single or shared cell, or dormitory housing), iii) Hygienc: Consistent with ICE detention standards, facility staff shall ensure that transgender detainees are able to maintain acceptable personal hygiene practices consistent with their 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 Commissary: 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 aeeYao ante - Berson Nett nat t a . cts B ;DS, 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 ICE's 2011 L NDS, 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 MIS 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 he consistent with requirements for the removal of similar items for other non- transgender detainees. All strip searches shall be documented, vi) Staff Com U ` ti ; Detention facility staff shall refer to transgender detainees by their preferred pronouns or by the detainee's last name. vii) M2dieal Cow 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 deemed medically necessary and safe in the context of their tither medical conditions, All transgender detainees shall have access to continued mental health care and othertransgonder- related health care based on medical need. Medical care for transgender detainees shall be provided by qualified and appropriate medical professionals and administered pursuant to the applicable ICE detention standards. f) Decision.- The TCCC will attempt to each consensus on all decisions, In Situations 4 1 P a u e 65A -45 ,� 1 I �J ERGIGSA -15-0007, P00001 Attachment 6 - Transgender Care where a consensus is not reached, the final decision shall rest with the CRO LGSTI Field Liaison. 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 TCCC's decision, 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 nfFetention Plan; The classification supervisor or designee shall notify line staff of the TCCC's Detention Plan and change of 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 adjustrnents to the Detention Plan, if accessary, within 72 hours (excluding weekends, holidays, and emergencies) of receiving notification. li) 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: P� 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; iv) Any threats to safety experienced by the detainee, 65A -47 ,t 1 I oo EROIGSA -15 -0007, P00001 Attaehment 6 - Transgender Care v) Continued availability of housing; and vi) The detention facility's documented concerns, i) .Education: Upon adoption of this Contract Modification, the facility, in partnership with ICE FRO, will produce orientation training and /or materials describing the various housing options at the facility, including the possibility of placing a transgender detainee in general housing consistent with that detainee's gender identity. This training and/or materials will be provided to each detainee upon admission, as well as to detainees already placed in the facility. 4) Hod Space Financial Assurance; The Service Provider and ICE agree on a assurance of 64 beds to separate and dedicate Transgender detainees. 5) 19tal ICE Waiam Parming to,be Housed with 5cryfig : The Service Provider and ICE agree to modify FRQIC,SA -15 -907, specifically Article 3 "Covered Services ", Section A " B,edspacc," to state that the Service Provider and ICE shall use beds consistent with operational need and availability, 61Pag,� 65A -49 65A -50 EROIGSA -15-0007, JP00001 Attachment 6 - Transgender Care TCCC Determination Questions Guide In preparation for the TCCC meeting, the designated facility medical representative($), shall meet with the detainee when feasible within 72 hours (excluding weekends, holidays, and emergencies) and no later than ten (10) calendar days 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 BRO LOBTI 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 hare, 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 S) Do you prefer to wear mole 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? uQuaing g) too you feel you are at ride for your safety based on your gender identity? a, Would you feel safer being housed with men or women? K Would you feel safer being housed with transgender women or men? c. Would you feel safer being housed in a colt with someone else or by yourself? Programming 0) Do you feet 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(a)? S.oamlics 10) Do you have a preference for whether a. male or female staff member searches you? If so, which would you prefer? other 7 1 P a g e 65A -51 65A -52 EROIGSA -15-0007, P00001 Attachment 6 - Transgender Cara 11) is there anything else we should know about you related to being transgender —airy 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? 65A -53 65A -54 EROIGSA- 134007, P00001 Attachment 6 - Transgender Fare Definitions The following definitions apply for purposes of this modification 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, 3. 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. Nate: 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 /tier 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 tither 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 seem to fit typical definitions of male or female, Intersex'medical conditions are sometimes referred to as disorders of sex development. 91Pzt 65A -55 65A -56 ) ROIGSA -15 -0007, P00001 Attachment 6 - Transgender Care 11. LGBTI. The acronym for Lesbian, Gay, Bisexual, Transgender, and Intersex. 11 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, 11 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 tite 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 /tier 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, 10 s;!,ti 65A -57 65A -58