SOP 220.09: Classification and Management of Transgender and Intersex Offenders

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
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|Policy Name:Classification and Management of Transgender and Intersex Offenders|Policy Name:Classification and Management of Transgender and Intersex Offenders|Policy Name:Classification and Management of Transgender and Intersex Offenders|
|Policy Number: 220.09|Effective Date:07/26/2019|Page Number: 1 of 20|
|Authority:
Commissioner|Originating Division:
Facilities Division|Access Listing:
Level I: All Access|

I. Introduction and Summary:

The purpose of this policy is to provide guidance and direction for the classification
and management of offenders identified as transgender and intersex. Furthermore, this
policy was established to ensure compliance with requirements of the Prison Rape
Elimination Act (PREA).

II. Authority:

A. O.C.G.A. § 16-6-5.1;

B. 28 CFR Part 115, Prison Rape Elimination Act (PREA) Prisons and Jails

Standards;

C. Georgia Department of Corrections (GDC) Standard Operating Procedures

(SOPs): 107.04 Risk and Needs Assessment, 206.01 Offender Personal Property,
208.06 Prison Rape Elimination Act (PREA) Sexually Abusive Behavior
Prevention And Intervention Program, 209.01 Offender Discipline, 220.02
Security Classification, 220.03 Classification Committee, 220.05 Diagnostic
Reception, Orientation, and Processing, 222.10 Security Procedures During
Transport of Offenders, 226.01 Searches, Security Inspections, and Use of
Permanent Logs, 226.02 Entry Security Procedures, 507.02.02 Confidentiality of
Health Record and Release of Information 507.04.21 Health Assessment and
Medical Diagnostics, 507.04.25 Health Screening Offender Transfers 507.04.58
Special Needs Treatment Planning, 507.04.68 Management and Treatment of
Offenders Diagnosed with Gender Dysphoria, and 508.04.19 Receiving Screening,
508.14 Mental Health Reception Screen; and

D. ACA Standards: 4-4181, 4-4278, 4-4403, and 4-4281.

III. Definitions:

A. Classification Committee - A multi-disciplinary facility-based committee

responsible for making bed, program, education, and work assignments
considering the known information about each offender as described in SOPs
220.02 and 220.03.

B. Gender Dysphoria - A mental health disorder characterized by clinically

significant distress and impairment in social, occupational, or other important areas

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|Policy Name:Classification and Management of Transgender and Intersex Offenders|Policy Name:Classification and Management of Transgender and Intersex Offenders|Policy Name:Classification and Management of Transgender and Intersex Offenders|
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|Authority:
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of functioning secondary to a marked incongruence between an individual’s
experienced/expressed gender and assigned gender. Not all transgender offenders
have a diagnosis of gender dysphoria and a diagnosis of gender dysphoria is not
required for an individual to be provided services.

C. Gender Identity - Distinct from sexual orientation and refers to a person’s internal

sense of being male, female, or neither.

D. Intersex - A person whose sexual or reproductive anatomy or chromosomal

pattern does not seem to fit typical definitions of male or female. Intersex medical
conditions are sometimes referred to as disorders of sex development.

E. Medical or Mental Health Practitioner - A health professional who, by virtue of

education, credentials, and experience, is permitted by law to evaluate and care for
patients within the scope of his or her professional practice.

F. Prison Rape Elimination Act (PREA) - A federal law to address sexual

violence in prisons, jails, and other correctional facilities. Under PREA, the
National Prison Rape Elimination Commission was created with the
responsibility for establishing standards for the prevention, detection,
response, and monitoring of sexual abuse and sexual harassment within
correctional systems.

G. PREA Coordinator - A GDC employee responsible for the statewide

oversight of PREA standards, compliance with standards, training, data
collection, and inspection.

H. PREA Compliance Manager - A GDC employee designated at each GDC

facility who is responsible to coordinate the facility's efforts to comply with
the PREA policy and the federal PREA standards.

I. Sex - One’s anatomical make-up, including external genitalia, chromosomes, and

reproductive system.

J. Statewide Classification Committee (SCC) - A committee responsible for

making case-by-case decisions about whether a transgender or intersex offender
will be housed in a male or female facility. This committee is composed of

|GEORGIA DEPARTMENT OF CORRECTIONS
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|Policy Name:Classification and Management of Transgender and Intersex Offenders|Policy Name:Classification and Management of Transgender and Intersex Offenders|Policy Name:Classification and Management of Transgender and Intersex Offenders|
|Policy Number: 220.09|Effective Date:07/26/2019|Page Number: 3 of 20|
|Authority:
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Facilities Division|Access Listing:
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statewide directors from Medical, Mental Health, Facilities Operations, PREA
Coordinator’s Office, Legal, and any other GDC staff designated by the
Commissioner and deemed necessary to decide on offender placement.

K. Transgender/Intersex Offender List (TIOL): A SCRIBE-based list that tracks

all transgender and intersex offenders.

L. Transgender - A person whose gender identity (i.e., internal sense of feeling male

or female) is different from the person’s assigned sex at birth.

M. Transgender Female - A person born biologically male who identifies as, and

sees herself as, a female.

N. Transgender Male - A person born biologically female who identifies as, and sees

himself as, a male.

IV. Policy and Applicable Procedures:

A. Diagnostics:

1. An offender will initially be assigned to a diagnostics and classification facility

by Offender Administration, appropriate to the assigned gender indicated in
the Georgia Crime Information Center (GCIC);

2. When any offender arrives to a diagnostic facility staff must do the following

prior to strip searches and showering:

a. Staff shall make the following notification statement to all offenders in a

group, or to an individual offender if only one is present, “You are about
to be strip searched. Before we do this, let us know if you have anything
on you or about you we need to know before the search. This can be
possession of items you should not have or are not sure you should have,
or it could be a physical disability or other physical issue. If you need to
declare anything to us before you are strip searched, raise your hand;”

b. If an offender raises his or her hand, the staff shall pull that offender aside

and privately ask the offender what the facility should know;

|GEORGIA DEPARTMENT OF CORRECTIONS
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|Policy Name:Classification and Management of Transgender and Intersex Offenders|Policy Name:Classification and Management of Transgender and Intersex Offenders|Policy Name:Classification and Management of Transgender and Intersex Offenders|
|Policy Number: 220.09|Effective Date:07/26/2019|Page Number: 4 of 20|
|Authority:
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c. The intent of this practice is to give the offender the opportunity to

privately talk to a staff member if they choose to disclose they are
transgender or intersex;

d. If the offender indicates he or she is transgender or intersex, staff must

ensure he or she is allowed to shower separately; and

e. Strip searches and pat searches must be completed in accordance with

section J of this policy.

3. GDC will screen all offenders within twenty-four (24) hours by using the

PREA Sexual Victim/Sexual Aggressor Classification Screening Instrument
in SCRIBE;

4. A Mental Health Reception Screen form will be completed by a mental health

counselor or behavior specialist in accordance with SOP 508.14 Mental Health
Reception Screen;

5. This screen will assess for potential mental health problems and gender

identity, including transgender or intersex;

6. If the mental health counselor or behavior specialist notes gender identity

issues, the offender will be referred for further evaluation in accordance with
SOP 508.14;

7. Transgender offenders shall be notified that if they want hygiene or

undergarment items that are not stored in diagnostics that they will receive
what all other offenders receive and may receive those gender-specific
property needs upon being housed in their permanent facility;

8. Diagnostics staff will assist in gaining information about safe housing for

transgender and intersex offenders by doing the following:

a. Staff will conduct a classification interview for each offender to explore:

i. Medical and mental health issues;

|GEORGIA DEPARTMENT OF CORRECTIONS
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|Policy Name:Classification and Management of Transgender and Intersex Offenders|Policy Name:Classification and Management of Transgender and Intersex Offenders|Policy Name:Classification and Management of Transgender and Intersex Offenders|
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|Authority:
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ii. Public and institutional risk factors;

iii. Educational;

iv. Vocational;

v. Drug or alcohol involvement;

vi. Work history;

vi. The PREA Sexual Victim/Sexual Aggressor Classification Screening;

vii. Any other areas pertinent to the needs and facility placement of the

offender; and

viii. This information shall be used to complete the Personal Data Sheet on

all offenders.

b. Each area will be discussed in depth to develop the Classification Profile;

c. Specific recommendations will be made by the interviewer, relating to:

i. The offender’s needs;

ii. Possible program assignments; and

iii. Housing placement.

d. If it is known that the offender is transgender or intersex on the sexual

safety risk screening, then the diagnostics staff will complete the facility
section of Attachment 1, Statewide Classification Committee (SCC)
Referral Form and submit it to their Classification Committee for approval;

9. Once the Classification Committee is notified of the offender’s status, the

Chairperson must ensure the following is completed:

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
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|Policy Name:Classification and Management of Transgender and Intersex Offenders|Policy Name:Classification and Management of Transgender and Intersex Offenders|Policy Name:Classification and Management of Transgender and Intersex Offenders|
|Policy Number: 220.09|Effective Date:07/26/2019|Page Number: 6 of 20|
|Authority:
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a. The Classification Chairperson will review and forward the approved

Statewide Classification Committee Referral Form to the PREA Unit via
[prea.report@gdc.ga.gov;](mailto:prea.report@gdc.ga.gov)

b. The Chairperson must enter the appropriate profile on the Transgender and

Intersex Offender List (TIOL) in SCRIBE, which will include all intersex
and transgender offenders in GDC custody;

c. The Classification Committee will determine, on a case-by-case basis, the

most appropriate classification assignments for each transgender offender;

d. Transgender offenders must never be placed in dedicated units or housed

only with other transgender offenders; and

e. The offenders’ own views with respect to their safety should be given

serious consideration.

10. The GDC PREA Unit will:

a. Ensure that the facility has entered the correct profile on the TIOL;

b. Arrange a private meeting with the offender in person, via video or

telephone call within ten 10 business days of receiving the Statewide
Classification Committee Referral Form; and

c. During the private meeting, the PREA Unit designee will complete the

Transgender Questionnaire portion of the SCC Referral Form and make a
recommendation to the remaining SCC Committee Members for review.

B. Non-Diagnostic Offender Procedure:

1. When any offender arrives to a facility, intake staff must do the following prior

to strip searches and showering:

a. Staff shall make the following notification statement to all offenders in a

group, or to an individual offender if only one is present, “You are about
to be strip searched. Before we do this, let us know if you have anything

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
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|Policy Name:Classification and Management of Transgender and Intersex Offenders|Policy Name:Classification and Management of Transgender and Intersex Offenders|Policy Name:Classification and Management of Transgender and Intersex Offenders|
|Policy Number: 220.09|Effective Date:07/26/2019|Page Number: 7 of 20|
|Authority:
Commissioner|Originating Division:
Facilities Division|Access Listing:
Level I: All Access|

on you or about you we need to know before the search. This can be
possession of items you should not have or are not sure you should have,
or it could be a physical disability or other physical issue. If you need to
declare anything to us before you are strip searched, raise your hand;”

b. If an offender raises his or her hand, the staff shall pull that offender aside

and privately ask the offender what information they need to declare;

c. The intent of this practice is to give the offender the opportunity to

privately talk to a staff member if they choose to disclose they are
transgender or intersex;

d. If an offender indicates he or she is transgender or intersex, staff must

ensure he or she is allowed to shower separately; and

e. Strip searches and pat searches must be completed in accordance with

section J of this policy.

2. If at any time the offender discloses that he or she is transgender or intersex,

the Warden must be notified immediately;

3. The Warden shall immediately advise the Regional Director or female services

director;

4. The Regional Director or Female Services Director shall notify:

a. The Director of Facilities;

b. The Statewide Medical Director;

c. Statewide Mental Health Director; and

d. The Statewide PREA Coordinator.

5. GDC will screen all offenders within twenty-four (24) hours of arrival, by

using the PREA Sexual Victim/Sexual Aggressor Classification Screening
Instrument in SCRIBE;

|GEORGIA DEPARTMENT OF CORRECTIONS
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|Policy Name:Classification and Management of Transgender and Intersex Offenders|Policy Name:Classification and Management of Transgender and Intersex Offenders|Policy Name:Classification and Management of Transgender and Intersex Offenders|
|Policy Number: 220.09|Effective Date:07/26/2019|Page Number: 8 of 20|
|Authority:
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Facilities Division|Access Listing:
Level I: All Access|

6. If it is known that the offender is transgender or intersex on the PREA Sexual

Victim/Sexual Aggressor Classification Screening Instrument, then staff will
check the TIOL to ensure that the offender is on the list in SCRIBE;

7. If the offender is not on the TIOL, staff must complete the facility section of

Attachment 1, Statewide Classification Committee (SCC) Referral Form and
submit it to their Classification Committee for approval;

8. Once the Classification Committee is notified of the offender’s status, the

Chairperson must ensure the following is completed:

a. The Classification Chairperson will review and forward the approved

Statewide Classification Committee Referral Form, to the PREA Unit, via
[prea.report@gdc.ga.gov;](mailto:prea.report@gdc.ga.gov)

b. The Chairperson must enter the appropriate profile on the Transgender and

Intersex Offender List (TIOL) profile in SCRIBE, which will include all
intersex and transgender offenders in GDC custody;

c. The TIOL will assist the facility with ensuring that all necessary services,

to include twice yearly safety reassessments, are conducted in accordance
with Attachment 2, PREA Sexual Victim/Sexual Aggressor Screening
Tool, from SOP 208.06;

d. Once placed on the TIOL, no offender may be removed without approval

of the SCC Committee designee;

e. The Classification Committee will determine, on a case-by-case basis, the

most appropriate classification assignments for each transgender offender;

f. Transgender offenders must never be placed in dedicated units or housed

only with other transgender offenders; and

g. The offenders’ own views with respect to their safety should be given

serious consideration.

|GEORGIA DEPARTMENT OF CORRECTIONS
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|Policy Name:Classification and Management of Transgender and Intersex Offenders|Policy Name:Classification and Management of Transgender and Intersex Offenders|Policy Name:Classification and Management of Transgender and Intersex Offenders|
|Policy Number: 220.09|Effective Date:07/26/2019|Page Number: 9 of 20|
|Authority:
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Facilities Division|Access Listing:
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9. Transgender offenders shall be notified that if they want gender-specific

hygiene or undergarment items that they must either request the standardissued items or receive approval to order from the offender commissary.

10. The GDC PREA Unit will:

a. Ensure that the facility has entered the correct profile on the TIOL;

b. Check to determine whether a previous SCC referral was completed;

c. If a previous SCC referral was not completed, the PREA Unit will arrange

a private meeting with the offender in person, via video or telephone call
within 10 business days of receiving the Statewide Classification
Committee Referral Form; and

d. During the private meeting, the PREA Unit designee will complete the

Interview portion of the SCC Referral Form and make a recommendation
to the remaining SCC Committee Members for review.

C. SCC Committee:

1. In deciding whether to assign a transgender or intersex offender to a male or

female facility, GDC shall consider on a case-by-case basis whether:

a. Placement would ensure the offender’s health and safety; and

b. Whether the placement would present management or security problems.

2. Transgender offenders may not be assigned to gender-specific facilities based

solely on their external genital anatomy.

3. The SCC will evaluate each referral to discuss the facility type and the safe

placement of each transgender offender. They will consider the following:

a. Classification’s housing decision;

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b. The offender’s documented choice of whether a male or female facility is

safest for him or her (based on the SCC Referral Form);

c. The offender’s prior institutional history (to include incidents and

grievances);

d. The offender’s prior violent or sexual crime history;

e. The offender’s designation on the PREA Sexual Victim/Sexual Aggressor

Classification Screening;

f. The offender’s physical appearance, age, and physical build;

g. Any relevant information obtained about the offender from security staff

or medical and mental health staff since arrival;

h. The ability of security staff to house and supervise the offender to ensure

his or her safety in each environment;

i. Any management problems, including but not limited to disciplinary

reports; and

j. Any other relevant information about the offender’s ability to positively or

negatively manage him or herself in each type of environment.

4. The decision about the type of facility (male or female) made by the committee

will be documented on Attachment 1, SCC Referral Form and reviewed and
approved by the Facilities Division Assistant Commissioner or designee;

5. Transgender offenders shall be given a one-page informational sheet by the

SCC at the SCC meeting that:

a. Advises them of their rights;

b. The opportunity to shower separately;

c. That they will be assessed at their assigned facility for safe housing;

|GEORGIA DEPARTMENT OF CORRECTIONS
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|Policy Name:Classification and Management of Transgender and Intersex Offenders|Policy Name:Classification and Management of Transgender and Intersex Offenders|Policy Name:Classification and Management of Transgender and Intersex Offenders|
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d. Property information;

e. Other safety-related information; and

f. This information should be available in both English and Spanish, at

minimum.

6. If the offender is recommended by the SCC to be housed according to his or

her sex (and not gender identity), he or she will stay at their current facility and
complete the normal classification process;

7. If the offender is recommended by the SCC to be housed according to his or

her gender identity, and this is approved by the Facilities Division Assistant
Commissioner or designee, he or she will be scheduled for transfer to the
recommended facility;

8. The signed approval will be forwarded to and maintained by the Agency PREA

Coordinator;

9. If the SCC recommendation is denied by the Facilities Division Assistant

Commissioner or designee, for any reason, that denial shall be documented in
writing, forwarded to, and maintained by the Agency PREA Coordinator;

10. The offender will be transferred to his or her assigned permanent facility after

Diagnostics according to the decision of the SCC and will be housed via the
standard classification and housing selection process of the facility’s
Classification Committee, with consideration given to the PREA Sexual
Victim/Sexual Aggressor Classification information; and

11. The facility-based Classification Committee will also consider:

a. Bed;

b. Program;

c. Education, and

|GEORGIA DEPARTMENT OF CORRECTIONS
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|Policy Name:Classification and Management of Transgender and Intersex Offenders|Policy Name:Classification and Management of Transgender and Intersex Offenders|Policy Name:Classification and Management of Transgender and Intersex Offenders|
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d. Work assignments of the offender.

D. Confidentiality:

1. Because transgender offenders are at particularly high risk for physical or

sexual abuse or harassment, information learned about an offender shall be
used only for the safety and security of the offender and facility;

2. No person shall share this information with others unless there is a legitimate

and documented reason to do so;

3. Sexual safety risk screening information is required to be locked and secured

with limited access; and

4. Staff are expected to keep an offender’s sensitive personal information

confidential.

E. Bed, Program, Work, and Education Assignments:

1. Once the offender is transferred to their assigned facility, the classification

information from Diagnostics, combined with the sexual safety risk screening
information, will be used by the classification committee to house the offender
at that facility, to include a unit and bed assignment;

2. Placing an offender in involuntary segregated housing to protect him or her

from victimization is not permitted unless an assessment of all available
alternatives has been made and it is determined that there is no available
alternative means of separation from likely abusers;

3. This can only be done subject to the requirements in SOP 209.06

Administrative Segregation and the requirements in PREA standard 115.43;

4. In addition to the initial PREA Sexual Victim/Sexual Aggressor Classification

Screening, transgender offenders’ risk levels for sexual victimization and
abusiveness must also be re-assessed:

a. Within thirty (30) days of their intake date;

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b. After any new information is learned that bears upon their sexual safety;

and

c. At least twice each year of their incarceration.

5. At each point, the offenders’ own views as to their safety must be given serious

consideration.

6. Transgender offenders shall be given the same treatment in determining access

to programming and services as other offenders within the correctional facility;

7. Work, education, and programming assignments can vary for transgender

offenders if there is a documented reason to keep separate those offenders at
high risk of being sexually victimized from those at high risk of being sexually
abusive; and

8. The facility-based Classification Committee will make individualized

determinations about these offenders’ assignments without discrimination.

F. Showers:

1. Transgender offenders shall be given the opportunity to shower separately

from other offenders;

2. This does not mean they are required to shower separately, but that the

opportunity is afforded to them if they wish to do so. Separate means the
following:

a. Alone in a community shower at a separate time from other offenders; or

b. Alone in a shower with separate and private walls or curtains if in a group.

G. Personal Property:

1. Transgender offenders will be issued the same property as other offenders in

their assigned facility are issued.

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2. If an offender on the TIOL requests hygiene or undergarments items that are

different from those typically supplied for their assigned gender, he or she shall
be instructed to make a request with the designated staff member, and he or
she will be issued the approved requested items if there is no documented,
articulable, and verified security concern for not approving the request.

3. The designated staff shall assist the facility with determining sizes of garments

needed;

4. Staff will order and make arrangements for the garments to be shipped to the

facility;

5. If the offender is transferred to another facility, the history follows him or her,

and the new facility can request replacement items;

6. Approved undergarments or hygiene items will be a substitute for, not in

addition to, what is provided to the general population. These items include:

7. Providing women’s hygiene or undergarments to a transgender female, or the

opposite for transgender males, is in accordance with SOP 206.01 Offender
Personal Property.

H. Transports:

1. Whenever possible, both a male and female staff should be on a transport that

includes a transgender offender so search options are available to the offender
depending on the circumstance, gender identity, and PREA requirements that
prohibit cross-gender pat searches.

I. Respectful Communication:

1. Transgender and intersex offenders shall be treated with the same rules and

respect as other offenders.

2. All GDC employees shall be required to attend training annually on PREA,

which includes how to communicate effectively and professionally with
offenders, including:

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a. Lesbian;

b. Gay;

c. Bisexual;

d. Transgender;

e. Intersex; or

f. Gender non-conforming offenders.

3. In-service training shall include gender-specific reference and training to staff

as it relates to the specific population supervise;

4. Staff members transferring to a facility of different gender from a prior

institution shall receive gender-appropriate training;

5. Respectful communication with transgender offenders is vital to facility safety

and security;

6. All staff are responsible for behaving professionally and responsibly around

all offenders, to include transgender offenders, to maintain order and
composure on their shift;

7. To address transgender and intersex offenders respectfully, staff may not

engage in unwelcomed verbal comments, gestures, or actions of a derogatory
or offensive nature;

8. Staff shall not make demeaning references to the offender’s gender or gender

identity, or sexually suggestive or derogatory comments about the body or
clothing of an offender;

9. Staff are encouraged, but not mandated, to use the pronoun the offender

prefers;

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10. If staff chooses to not use the preferred pronoun, they may refer to transgender

offenders by their legal last name;

11. Staff will not attempt to change any offender's understanding of his or her

gender identity or sexual orientation; and

12. Staff shall not permit, condone, or otherwise allow any offender to sexually

harass other offenders, including transgender offenders.

J. Searches:

1. Department shall train security staff members on how to conduct searches of

transgender and intersex offenders in a professional and respectful manner and
in the least intrusive manner possible, consistent with security needs and
consistent with the population gender of their assigned institution;

2. No security staff will conduct a body cavity search;

3. No same-gender or cross-gender body cavity searches are permitted except by

medical staff;

4. Staff may not search or physically examine a transgender or intersex offender

for the sole purpose of determining genital status;

5. If the offender’s genital status is unknown, it may be determined through

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;

6. If a transgender offender is placed in a facility, he or she will be strip searched

by the same gender staff as all other offenders;

7. Pat or frisk searches in male facilities may be conducted by either male or

female staff;

8. Pat or frisk searches in female facilities may only be conducted by female staff

absent exigent circumstances;

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Classification and Management of Transgender and Intersex Offenders|Policy Name:Classification and Management of Transgender and Intersex Offenders|Policy Name:Classification and Management of Transgender and Intersex Offenders|
|Policy Number: 220.09|Effective Date:07/26/2019|Page Number: 17 of 20|
|Authority:
Commissioner|Originating Division:
Facilities Division|Access Listing:
Level I: All Access|

9. Staff must search offenders’ property in their cell or dorm area respectfully and

professionally and may not discard or damage opposite gender hygiene items
or undergarments that have been approved.

K. Physical and Mental Health Treatment:

1. All offenders, to include those who self-identify or screen on the PREA Sexual

Victim/Sexual Aggressor Classification Screening form as transgender, will be
referred to medical for a review of needs within five (5) days of arrival at
Diagnostics and within five (5) days of arrival at their assigned facility;

2. Medical or mental health practitioners will document whether an offender has

identified as transgender after an evaluation using the Mental Health Reception
Screen;

3. Classification will update the TIOL list in SCRIBE to ensure the facility PREA

compliance manager and agency PREA coordinator are aware and can ensure all
necessary services are provided to them;

4. GDC will provide transgender offenders with individualized assessments and

care, to include:

a. Necessary and appropriate mental health services; and

b. When warranted, hormone treatment throughout their incarceration;

5. GDC will ensure that all gender-related hormone treatment that may be

provided while the offender is in custody occurs after an individualized
assessment of the offender by a medical practitioner;

6. GDC medical practitioners will monitor each offender’s care and treatment and

adjust hormone levels and dosages as medically warranted;

7. Only medical practitioners will make decisions regarding gender-related

hormone treatment needs; and

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Classification and Management of Transgender and Intersex Offenders|Policy Name:Classification and Management of Transgender and Intersex Offenders|Policy Name:Classification and Management of Transgender and Intersex Offenders|
|Policy Number: 220.09|Effective Date:07/26/2019|Page Number: 18 of 20|
|Authority:
Commissioner|Originating Division:
Facilities Division|Access Listing:
Level I: All Access|

8. GDC’s Statewide Medical Director will make the final determination on

whether gender-related hormone treatment for a transgender offender should
be initiated or continued based on documented medical need.

L. Staff and Offender Discipline:

1. Staff or offenders who are found to have participated in the abuse or

harassment of a transgender offender shall be subject to the rules of the
offender disciplinary handbook and staff disciplinary guidelines;

2. GDC does not tolerate physical, emotional, or sexual abuse or harassment of

any offender;

3. An offender who abuses another offender, or one who coerces such an offender

into involuntary sexual activity, will be disciplined and referred for criminal
prosecution if warranted;

4. Offenders who engage in consensual sexual contact with another offender,

attempt to engage in or solicit such contact, or help another engage in sexual
contact with an offender will be disciplined with each occurrence;

5. Offenders shall be subject to disciplinary sanctions pursuant to a formal

disciplinary process following a substantiated finding;

6. These sanctions shall be imposed in accordance with SOP 209.01, Offender

Discipline;

7. Staff members who are alleged to have engaged in the abuse of an offender

will be investigated by the Office of Professional Standards (OPS) and if
substantiated, will be subject to disciplinary action, up to and including
termination;

8. Additionally, staff members who engage in sexual abuse of an offender will be

subject to criminal prosecution;

9. Pursuant to O.C.G.A. § 16-6-5.1, it is a felony for correctional staff to have

sexual contact with an offender;

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Classification and Management of Transgender and Intersex Offenders|Policy Name:Classification and Management of Transgender and Intersex Offenders|Policy Name:Classification and Management of Transgender and Intersex Offenders|
|Policy Number: 220.09|Effective Date:07/26/2019|Page Number: 19 of 20|
|Authority:
Commissioner|Originating Division:
Facilities Division|Access Listing:
Level I: All Access|

10. These rules apply regardless of the consent of the offender;

11. GDC shall ensure that all volunteers and contractors who have contact with

offenders have been trained on this prohibition against abuse and harassment;

12. Any contractor or volunteer who engages in abuse or harassment shall be

prohibited from contact with offenders and shall be reported to law
enforcement agencies, unless the activity was clearly not criminal, and to
relevant licensing bodies; and

13. The facility shall take appropriate remedial measures and shall consider

whether to prohibit further contact with offenders, in the case of any other
violation of GDC policies by a contractor or volunteer.

M. Tracking and Quality Improvement:

1. To ensure compliance with this policy and to help ensure compliance with

PREA audit requirements, GDC will ensure that the Transgender and Intersex
Offender List is managed through the SCRIBE module;

2. The goal is to ensure reliable and accurate tracking of the following:

a. The number of transgender and intersex offenders;

b. Their intake date at both Diagnostics and their permanently assigned

facility;

c. Their facility locations, bed assignment, and unit assignment;

d. Bed, unit, and facility change history and documented reasons for changes;

e. Restrictions, if any, in programming or work assignments;

f. Whether they are on the mental health caseload;

g. Whether they are receiving hormone treatment from medical;

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Classification and Management of Transgender and Intersex Offenders|Policy Name:Classification and Management of Transgender and Intersex Offenders|Policy Name:Classification and Management of Transgender and Intersex Offenders|
|Policy Number: 220.09|Effective Date:07/26/2019|Page Number: 20 of 20|
|Authority:
Commissioner|Originating Division:
Facilities Division|Access Listing:
Level I: All Access|

h. Their twice-yearly required reassessment date and any other reassessment

dates, to include subsequent changes because of the reassessment;

i. Incident history;

j. Grievance history; and

k. Property (undergarment and hygiene) requests and provisions.

3. The SCC shall have access to the information to assist with decision-making

at subsequent gender committee meetings.

V. Attachments:

Attachment 1: SCC Referral Form
Attachment 2: Transgender Brochure

VI. Record Retention of Forms Relevant to this Policy:

Upon completion, Attachment 1 shall become a permanent part of the offenders
institutional file. The brochure shall be utilized according to the SOP until revised or
obsolete.