Montana
- Policy: Department of Corrections, Montana State Prison, Operational Procedure: Procedure No. MSP 1.1.17 (III C) (Prison Rape Elimination Act of 2003)
- Language:
- Inmates that identify as transgender or intersex during the risk assessment will be reassessed at least twice each year by the PREA Specialist to review any threats to safety experienced by the inmate. The reassessment will include:
- the transgender or intersex inmate’s own views of their personal safety;
- does the housing and program assignment ensure the inmate’s health and safety; and
- Does the inmate have the opportunity to shower separately from other inmates.
- The facility will not place lesbian, gay, bisexual, transgender, or intersex inmates in dedicated units or wings solely on the basis of such identification or status.
- In determining a transgender or intersex inmate’s housing and programming assignments, the facility will consider on a case-by-case basis whether an assignment would ensure the inmate’s health and safety and whether the assignment would present management or security problems.
- Inmates that identify as transgender or intersex during the risk assessment will be reassessed at least twice each year by the PREA Specialist to review any threats to safety experienced by the inmate. The reassessment will include:
“The degree of civilization in a society can be judged by entering its prisons.”
Fyodor Dostoevsky
American University Washington College of Law, Project Addressing Prison Rape