Oregon has a bifurcated system.
Oregon
- State Policy: State of Oregon Department of Corrections DOC Policy 40.1.13 "Prison Rape Elimination Act"
- Language:
- 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.
- Inmates will be assessed within 72 hours of arrival at all DOC facilities and again within 30 days to determine whether they meet specific criteria indicating either vulnerability or likelihood of perpetrating sexual abuse. Inmates may not be disciplined for refusing to answer, or for failing to disclose information in regards to the assessment questions:
- Whether the inmate is or is perceived to be lesbian, gay, bisexual, transgender, intersex, or gender nonconforming shall be considered in evaluations of risk for sexual abuse.
- In deciding inmate housing and programming assignments for transgender or intersex inmates, the department 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.
- If requested, transgender and intersex inmates shall be given the opportunity to shower separately from other inmates.
- A transgender or intersex inmate’s own views with respect to his or her own safety shall be given serious consideration.
- The PREA Compliance Manager will review placement and programming assignments for each transgender or intersex inmate at least twice each year to review any threats to safety experienced by the inmate.
Local Policy
Multnomah County Sheriff's Department
- Policy: Multnomah County Sheriff's Office, Corrections Division Special Order 14-32; December 31, 2014
- Language:
- The policy of the Multnomah County Sheriff's Office Corrections Division is to ensure the respectful, courteous, and professional treatment of transgender inmates, as well as respect for the sexual orientation or gender identity of any person in custody, while maintaining the safety, security, and orderly operation of all correctional facilities. MCSO has zero tolerance for any staff sexual misconduct or sexual harassment directed toward LGBTQI arrestees/inmates. MCSO has zero tolerance for derogatory terms used toward LGBTQI inmates.
- Transgender Inmates will only be held in single cells for their protection. This housing option is to be non-punitive, and must not result in any unnecessary loss of privileges, programs or access to medical or mental health care.
- Transgender inmates shall have equal access to programmatic activities as non-LGBTQI inmates to include but not limited to the following;
- Showering in single person showers;
- Inmate Worker positions;
- Grooming;
- Recreation;
- Inmate Programs;
- Social/Contact Visitation Intake/Admissions
- If questions are raised regarding an arrestee's gender during the initial booking process, the Intake Sergeant shall be notified that the arrestee is being processed.
- If the arrestee identifies opposite of their expected gender identity, the sergeant shall ensure that the arrestee is searched by a deputy of the arrestee’s identified gender.
- When determining whether inmates identify as transgender, the following should be taken into consideration:
- An arrestee's appearance or behavior does not match the gender marker on the arrestee's custody paperwork or identification
- Inmates identified as transgender shall be housed at MCIJ at dorm 18, or at MCDC in Module 4A, for up to 72 hours, excluding weekends and holidays, while the Transgender Review Board assesses appropriate housing options that address the following concerns:
- Safety;
- Protecting inmates at high risk for abuse;
- Minimizing perceived or actual fear of becoming a victim of violence
- Prior to meeting, the Facility Commander, or their appointee, shall meet with the inmate to discuss the purpose of the Review Board and to explain the following:
- Confirming the Statement of Strip Search Preference Form, and continued gender preference; B. Explaining the housing process.
- The Transgender Review Board shall discuss the specifics of the transgender inmate's case to determine the most appropriate housing option(s).
- The Transgender Review Board shall be given access to only the clinical information necessary to make a determination regarding the safe housing of the inmate.
- Information discussed by the Board shall be kept confidential except as necessary to implement the decisions of the Board.
- The Board will develop a Management Plan for the inmate which outlines the following:
- Housing Assignment;
- Searches;
- Showering;
- Grooming/Clothing;
- Escorts;
- Transports;
- Access to programs and activities;
- Liaison to the committee and inmate;
- When developing the Management Plan, the Review Board shall:
- Take into consideration preferences and requests made by the inmate. Such requests from the inmate shall be considered as part of the review board's discussions, but shall not be the only determining factors
- Consider the physical and psychological findings provided by medical staff;
- The safety and security issues as they relate to inmate and staff, as well as the operations of the facility.
- The Board shall conduct reviews every 30 days to ensure transgender inmates remain appropriately housed.
- The inmate's case management plan shall immediately be reassessed due to a referral, request, incident of sexual abuse or physical abuse, or receipt of additional information that bears on the inmate's risk of sexual victimization or abuse.
- During the meeting a member will be appointed as the liaison for the inmate. The liaison will respond to questions/complaints/grievances of a transgender inmate related to gender identity and their safety.
- The Transgender Review Board has the ultimate authority in regards to making any housing changes pertinent to a transgender inmate.
- The Transgender Review Board shall collect data for further policy review and revision when necessary.
“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