Does the case-by-case determination required by Standard 115.42(c) in making housing and programmatic placements for transgender and intersex inmates need to take place within a particular timeframe?


Standard 115.42(c) does not have an explicit timeframe requirement by which to make an initial case-by-case determination. However, at a minimum, determinations should be made in accordance with the timeframes required for the initial screening for risk of victimization and abusiveness in Standard 115.41(b) (ordinarily within 72 hours of arrival), the screening reassessment in Standard 115.41(f) (reassessment within 30 days of arrival), and the ongoing reassessment in Standard 115.401(f) (when “triggering events” occur). Standard 11.42(a) requires all information obtained during screenings and reassessments to inform housing and programming decisions. In all stages of the risk screening process for transgender and intersex inmates, individualized housing and placement decisions must be made based on consideration of all information available at the points in time identified above.

In addition, Standard 115.42(d) requires placement decisions to be reassessed during the twice-yearly progress reviews for transgender and intersex inmates. More frequent reviews based upon the needs of individual inmates are encouraged as a best practice.

LGBTI Inmates/Residents/Detainees/Staff,
Placement Decisions,