Minnesota
- Policy: Minnesota Department of Corrections, Evaluation, Placement, and Treatment of Transgender/Intersex Offenders, November 2016 (Minnesota has a bifurcated system; state and county facilities are run separately).
- Language:
- After one of the criteria in Procedure B is met, facility staff determines placement of the offender until the assistant commissioner-facility services determines placement.
- The facility health services unit completes a history and physical examination and, if applicable, a comprehensive psychological examination, including the offender’s view with respect to his/her own safety. The health services staff does not search or physically examine a transgender, gender variant, or intersex offender for the sole purpose of determining the offender’s genital status.
- If the offender’s genital status is unknown, it may be determined during conversations with the offender, by reviewing medical records or, if necessary, by learning that information as part of a broader medical examination conducted in private by a medical practitioner. If applicable, facility health services staff has the offender sign a release of information to obtain medical/mental health records when an offender:
- Indicates a history of transgender or transsexual-related treatment; or
- Identifies as, or is reported by staff to be gender-variant; or
- Has other clinical conditions in which gender assignment is unclear, such as cross dressing or physical features characteristic of a gender different from that assigned at birth.
“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
American University Washington College of Law, Project Addressing Prison Rape