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The Oregon Administrative Rules contain OARs filed through November 15, 2014
 
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DEPARTMENT OF CORRECTIONS

 

DIVISION 210

NONCONFORMING GENDER (INMATE)

291-210-0010

Authority, Purpose, and Policy

(1) Authority: The authority for these rules is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 423.020, 423.030, and 423.075.

(2) Purpose: The purpose of these rules is to establish Department of Corrections policy and procedures for the identification, assessment, review, and management of inmates that present with nonconforming gender at intake.

(3) Policy: Within the inherent limitations of resources, and the need to maintain facility security, order and discipline, the health and safety of inmates and staff, and to further inmate rehabilitation, it is the policy of the Department of Corrections, based on available information, to:

(a) Identify inmates that present with nonconforming gender upon delivery to the Department of Corrections when possible during intake processing; and

(b) Assess, review, and manage inmates that present with nonconforming gender at intake on an case-by-case basis, in a respectful manner, considering each inmate’s individual circumstances, including but not limited to the inmate’s physical sexual characteristics, gender identification, physical presentation, behavior and programming needs.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075
Hist.: DOC 15-2014(Temp), f. & cert. ef. 6-25-14 thru 12-22-14; DOC 20-2014, f. & cert. ef. 10-13-14

291-210-0020

Definitions

(1) Gender: The socially constructed roles, behaviors, activities, and attributes that a given society typically or historically assigns to men and women.

(2) Gender Identity: The actual and perceived gender of an individual regardless of whether the individual’s gender identity, appearance, expression or behavior differs from that traditionally associated with the individual’s sex at birth.

(3) Nonconforming Gender: A person’s physical appearance and characteristics and/or behaviors that do not conform to those typically associated with a person’s sex at birth or traditional societal gender expectations.

(4) Nonconforming Gender Review Committee: A working group of ODOC officials that reviews and makes recommendations to the Assistant Director for Operations or designee for appropriate housing assignments for inmates that staff has identified as presenting with nonconforming gender.

(5) Physical Sexual Characteristics: The presence and type of primary and secondary sexual characteristics (i.e., genitals, developed breasts, and hair distribution) that are typically used to define and classify a person’s sex as male or female.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075
Hist.: DOC 15-2014(Temp), f. & cert. ef. 6-25-14 & 12-22-14; DOC 20-2014, f. & cert. ef. 10-13-14

291-210-0030

Identification, Assessment, Review, and Management of Inmates that Present with NonConforming Gender at Intake

(1) Identification at Intake: Staff shall seek to identify inmates that present with nonconforming gender upon delivery to the Department of Corrections during intake processing, based on available information from the county, the inmate (including the inmate’s stated gender identity, if any), and as developed by staff.

(2) Appropriate and Professional Questioning: Staff shall question inmates 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 inmate's health or safety, or for the safe, secure, and orderly operation of the facility. Staff shall question inmates in a private and professional manner to avoid subjecting the inmate to the risk of possible abuse or ridicule.

(3) Initial Placement in Holding Cell: When staff identifies an inmate as presenting with nonconforming gender during intake processing, staff shall place the inmate in a holding cell in receiving and discharge to provide for the inmate's safety and to provide the inmate with a measure of privacy pending further review.

(4) Skin Searches:

(a) Skin searches are performed by appropriate security staff on each inmate upon the inmate's delivery to the facility. Ordinarily, a security staff member of the same sex as the inmate will be assigned to conduct the skin search.

(b) If the intake sergeant cannot determine the sex of the inmate, the Intake Sergeant shall ask the inmate to identify which gender of security staff member they prefer to conduct the skin search. If the inmate does not provide the requested information, the intake sergeant shall notify the officer-in-charge (OIC). The OIC shall then assign a security staff member of an appropriate sex to conduct the skin search of the inmate based on the information available and discussion with the inmate.

(c) If staff has not determined that an inmate presents with nonconforming gender, and security staff discover during the conduct of a skin search that the inmate has physical sexual characteristics of the sex opposite of the security staff member conducting the search, the security staff member will immediately cease conducting the search and notify the intake sergeant. The intake sergeant shall follow the steps in subsection (b) above to conduct the skin search.

(5) Intake Housing Assignment:

(a) Following initial placement in a holding cell, an inmate identified by staff as presenting with nonconforming gender during intake processing shall be assigned to a single cell in the Infirmary, on a space available basis, until the appropriate housing for the inmate has been staffed by the NonConforming Gender Review Committee.

(b) If there are no infirmary beds available, the functional unit manager or designee will assign the inmate to appropriate alternative housing in the facility, and document the reasons for the alternative housing assignment.

(6) Clothing at Intake Center: Inmates that have been identified by staff as presenting with nonconforming gender at intake will be issued the following clothing to wear during intake processing - two sets of scrubs; two t-shirts; sweatshirt; two bras (if requested or needed); underwear (type issued based on inmate request); pajamas (type issued based on inmate request); and socks and intake shoes.

(7) Recreation at Intake Center: All inmates will be afforded out of cell time equal to the unit they are being housed in or as facility operation allows. A minimum out of cell time will be three (3) times a week.

(8) Shower and Hygiene at Intake Center: Inmates that have been identified by staff as presenting with nonconforming gender at intake shall shower separately from other inmates.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075
Hist.: DOC 15-2014(Temp), f. & cert. ef. 6-25-14 thru 12-22-14; DOC 20-2014, f. & cert. ef. 10-13-14

The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use

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