Department of Corrections
Chapter 291
Division 210
TRANSGENDER AND INTERSEX (AIC)
291-210-0030
Identification, Assessment, Review, and Management of AICs who Identify as Transgender or Intersex at Intake
(1) Identification at Intake: Staff shall seek to identify AICs who present or identify as transgender or intersex upon delivery to the Department of Corrections during intake processing, based on available information from the county, the AIC (including the AIC’s stated gender identity, if any), and as developed by staff.
(2) Appropriate and Professional Questioning:
(a) Staff shall interview AICs regarding their sex and gender identity only when necessary to develop information for making appropriate intake and housing assignments, classification assignments, programming assignments; to provide health care and health assessments; and as necessary for the AIC's health or safety, or for the safe, secure, and orderly operation of the facility.
(b) Staff shall interview AICs in a private and professional manner to avoid subjecting the AIC to the risk of possible abuse or ridicule.
(c) Designated staff shall submit information to the Transgender and Intersex Committee for review and determination of appropriate housing placement.
(3) Initial Placement in Holding Cell: When staff identify an AIC who presents or identifies as transgender or intersex during intake processing, staff shall place the AIC in a holding cell with no other AICs present to provide for the AIC's safety and to provide the AIC with a measure of privacy pending further review.
(4) Unclothed Searches:
(a) Unclothed searches are performed by appropriate security staff on each AIC upon the AIC's delivery to the facility. Ordinarily, a security staff member of the same gender as the AIC will be assigned to conduct the unclothed search.
(b) When an AIC identifies or presents as transgender or intersex during intake, staff shall ask the AIC to identify whether they prefer that male or female staff conduct the unclothed search.
(c) If an AIC who has not previously been identified as transgender or intersex during intake processing later identifies or presents as transgender or intersex during the conduct of an unclothed search, staff will immediately cease conducting the search and ask the AIC the gender of security staff they prefer to conduct the unclothed search. Staff will accommodate the AIC’s stated preference.
(5) Intake Housing Assignment:
(a) Following initial placement in a holding cell, an AIC who identifies as transgender or intersex during intake processing shall be assigned to a single cell in the Infirmary, on a space available basis, until the appropriate housing for the AIC has been staffed by the Transgender and Intersex Committee.
(b) If there are no infirmary beds available, the functional unit manager or designee will assign the AIC to appropriate alternative housing in the facility, and document the reasons for the alternative housing assignment.
(6) Clothing at Intake Center: AICs who identify as transgender or intersex at intake will be issued the following clothing to wear during intake processing: two sets of scrubs; two t-shirts; one sweatshirt; two bras (if requested or needed); underwear (type issued based on AIC request); pajamas (type issued based on AIC request); and socks and intake shoes.
(7) Recreation at Intake Center: AICs who identify as transgender or intersex at intake will be afforded the opportunity for out of cell time on the same basis as other AICs assigned to the unit they are being housed in or as facility operation allows. A minimum out of cell time for all AICs will be three times a week or as staff availability and circumstances allow.
(8) Shower and Hygiene at Intake Center: AICs who identify as transgender or intersex at intake shall be given the opportunity to shower privately from other AICs.
Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
History:
DOC 18-2019, amend filed 12/05/2019, effective 12/05/2019
DOC 10-2017, f. & cert. ef. 6-8-17
DOC 1-2017(Temp), f. & cert. ef. 2-15-17 thru 8-13-17
DOC 20-2014, f. & cert. ef. 10-13-14
DOC 15-2014(Temp), f. & cert. ef. 6-25-14 thru 12-22-14