Or. Admin. Code § 291-210-0050

Current through Register Vol. 63, No. 12, December 1, 2024

Section 291-210-0050 - Identification, Assessment, Review, and Management of AICs who Identify as Transgender or Intersex after Facility Assignment

(1) Identification after Facility Assignment: If an AIC identifies as transgender or intersex after being assigned to a facility, staff shall notify Behavioral Health Services and the PREA Compliance Manager at the receiving facility. The PREA Compliance Manager will notify the Transgender and Intersex Committee and gather information for the Transgender and Intersex Committee's review.

(2) Appropriate and Professional Questioning:

(a) The PREA Compliance Manager shall interview the AIC regarding the AIC's assigned sex at birth, gender identity, gender expression, and security concerns, and submit information to the Transgender and Intersex Committee for its review.

(b) Behavioral Health Services will assess the AIC for gender dysphoria and submit information to the Transgender and Intersex Committee for its review, upon approval from the AIC.

(c) Staff shall interview the AIC in a private setting and in a professional manner to avoid subjecting the AIC to the risk of possible abuse or ridicule.

(3) Unclothed Searches and Urinalysis Sample Collection:

(a) After assignment and delivery to a permanent facility, unclothed searches of the AIC and urinalysis sample collection, for the purpose of drug screening, will ordinarily be conducted by male staff in facilities that are generally designated to house male AICs, and by female staff in facilities that are generally designated to house female AICs.

(b) However, the AIC may request approval from the Transgender and Intersex Committee, via an AIC communication form, to have unclothed searches and urinalysis sample collection, for the purpose of drug screening, conducted by security staff of the other gender, subject to staff availability and circumstances.

(c) If the AIC's request is approved by the Transgender and Intersex Committee, security staff shall accommodate the AIC's stated preference when staff availability and circumstances allow.

(4) Department-Issued Clothing:

(a) Female undergarments may be issued to and worn by the AIC when assigned to a designated male facility if assigned to the AIC by the PREA Compliance Manager.

(b) Male undergarments may be issued to and worn by the AIC when assigned to a designated female facility if assigned to the AIC by the PREA Compliance Manager.

(5) Shower and Hygiene: If requested, transgender and intersex AICs shall be given the opportunity to shower separately from other AICs.

Or. Admin. Code § 291-210-0050

DOC 10-2017, f. & cert. ef. 6/8/2017; DOC 18-2019, amend filed 12/05/2019, effective 12/5/2019

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075

Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075