Florida

State

1. Policy: PREA 115.42(c) 
2. Language:
   1. In deciding whether to assign a transgender or intersex inmate to a facility for male or female inmates, and in making other housing and programming assignments, the agency shall consider on a case-by-case basis whether a placement would ensure the inmate’s health and safety, and whether the placement would present management or security problems.
   2. Placement and programming assignments for each transgender or intersex inmate shall be reassessed at least twice each year to review any threats to safety experienced by the inmate.
   3. A transgender or intersex inmate’s own views with respect to his or her own safety shall be given serious consideration. 
   4. Transgender and intersex inmates shall be given the opportunity to shower separately from other inmates.
   5. The agency shall not place lesbian, gay, bisexual, transgender, or intersex inmates in dedicated facilities, units, or wings solely on the basis of such identification or status, unless such placement is in a dedicated facility, unit, or wing established in connection with a consent decree, legal settlement, or legal judgment for the purpose of protecting such inmates.

Local

Manatee County, Florida

1. Policy: Housing 7.11 <§115.42(c)>/  Intake/Booking 4.17 <§115.15(e)>
2. Language:
   1. Intake/Booking:
      1. 4.17 <§115.15(e)> Staff shall not search or physically examine a transgender or intersex inmate for the sole purpose of determining the inmate’s genital status.
      2. 4.17.1.1 If the inmate’s genital status is unknown, it may be determined through conversation with the inmate.
      3. 4.17.1.2 The inmate will be asked whether they consider themselves male or female.
      4. 4.17.3 The inmate will be asked which gender of staff they would feel more comfortable with performing the pat-down/strip-search.
      5. 4.17.2 During the intake process, transgender and intersex arrestees shall be given the opportunity to choose the sex of the arresting officer (search at arrest) and the intake deputy (search at intake) who will perform the pat-down search. Notation will be made on the Temporary Detaining/Intake Form [MCSO FM 98-050].
      6. 4.17.2.1 In such cases, the search shall be documented in JMS using the code SRCH – Search in the inmate’s custody record.
      7. 4.17.2.2 <§115.15(f)> Security staff will be trained to perform searches of transgender and intersex inmates, in a professional and respectful manner, and in the least intrusive manner possible, consistent with security needs.
      8. 4.17.2.3 Staff will not conduct cross-gender pat-down searches except in compliance with 4.17.2.
   2. Housing:
      1. 7.11 <§115.42(c)> The Manatee County Sheriff's Office will make housing and program assignments for transgender and intersex inmates on a case-by-case basis. The Classification Unit shall consider whether a placement would ensure the inmate’s health and safety, and whether the placement would present management or security problems.
      2. 7.12 <§115.42(d)> Placement and programming assignments for each transgender or intersex inmate shall be reassessed at least twice each year to review any threats or safety experience by the inmate.
      3. 7.13 <§115.42(e)> Transgender or intersex inmate’s own views with respect to his or her own safety shall be given serious consideration by the facility.
      4. 7.14 <§115.42(f)> Transgender and intersex inmates shall be given the opportunity to shower separately from other inmates.
      5. 7.15 <§115.42(g)> The Manatee County Sheriff's Office shall not place homosexual, transgender or intersex inmates in dedicated facilities, units, or wings solely on the basis of such identification or status, unless such placement is in a dedicated facility, unit, or wing established in connection with a consent decree, legal settlement, or legal judgment for the purpose of protecting such inmates, other than to keep male inmates separate from female inmates in accordance with current Florida State Statutes and the Florida Model Jail Standards.

“No one truly knows a nation until one has been inside its jails. A nation should not be judged by how it treats its highest citizens but its lowest ones.”

Nelson Mandela