DENVER SHERIFF DEPARTMENT
Office of the Sheriff
 Department Order
1.00.1024
 Previous Revision:
October 2018		  Current Revision:
May 2022		  Reviewed:
September 2019
  Effective Date:
May 27th, 2022
Related Standards:
ACA 4ALDF: 2A-22; 2A-25; 2A-30; 2A-32; 2A-34; 2A-44; 2A-45; 2A-48
PREA §115.41; 115.42; 115.342
Denver Health Medical Center (DHMC): J-E-09
Health Insurance Portability and Accountability Act  (HIPAA) of 1996: 48 C.F.R. §324.70
Related (referenced) Department Orders:
1.00.1001; 1.00.1023; 1.00.4003
 Subject:
TRANSGENDER AND GENDER NON-CONFORMING PERSONS IN CUSTODY
  1. Purpose: This order provides guidelines for the Denver Sheriff Department ("DSD" or the "Department") to follow which meet federal, state, and local laws and regulations, as well as standards associated with the American Correctional Association (ACA) and National Correctional Care Health Commission (NCCHC) that:
    1. facilitate the elimination of discrimination against; 
    2. address the appropriate treatment of; and/or 
    3. provide for the safety, security, and medical needs of transgender and gender non-conforming persons in custody.
  2. Policy: It is the policy of the DSD to receive, evaluate, house and provide secure, safe and humane custody of all persons, including transgender and gender non-conforming individuals who are lawfully committed or held for confinement by the DSD until their lawful and appropriate release or transfer to another authority.
  3. Cancellation: This order supersedes and cancels previous versions of Department Order 1.00.1024.
  4. Definitions: 
    1. "Gender" refers to the social construct used to classify a person as a man, woman, both, or neither. Gender encompasses all relational aspects of social identity, psychological identity, and human behavior.
    2. "Gender Identity" refers to an individual’s internal, personal sense of their own gender, which may not necessarily match traditional definitions of male or female, or the individual’s birth-assigned sex.
    3. "Gender Expression" refers to an individual's external characteristics and behaviors that make up the external manifestation of a person's gender identity. These characteristics include, but are not limited to, name, preferred pronouns, appearance, dress, mannerisms, speech, and social interactions.
    4. "Gender Dysphoria" refers to a recognized health condition that involves a strong and consistent cross-gender identification and a persistent disassociation with a person’s birth-assigned sex. Gender Dysphoria is a stable, non-violent condition that is not due to psychosis. 
    5. "Gender Non-Conforming" refers to individuals who do not generally associate with their birth-assigned sex. Gender non-conforming individuals may not identify as male, female, or transgender.
    6. "Health Insurance Portability and Accountability Act (HIPAA)" refers to a federal law that, in part, defines the lawful use and/or the disclosure of an individual’s medical or other health information. See 48 C.F.R. §324.70. 
    7. "Lesbian, Gay, Bisexual and Heterosexual" refers to an individual’s physical, romantic, and/or emotional attraction to other people.
    8. "Personal Pat or Frisk Search" refers to a search of an individual's clothed person, including the frisking of their body, the examination of their pockets and any hand-carried items (i.e. legal papers, prayer books, etc.), shoes, and head covering. Frisking is defined as running the hands rapidly over the body in an attempt to locate a hidden item in or under the clothing. 
    9. "Sex" refers to the physical anatomy and underlying chromosomal and hormonal biology that determines whether someone is male, female, or intersex.
    10. "Strip Search" refers to a visual search in which a person in custody is required to remove all of their clothing, exposing the genitalia, breasts, and other parts of the body. It may include a visual inspection of body cavities. 
    11. "Transgender" refers to an overall term used to describe people whose gender identity and/or gender expression differs from their birth-assigned sex, whether or not they have changed their biological or hormonal characteristics. 
    12. "Gender Identity Review Board" refers to a board responsible for assessing and making recommendations to housing and medical and mental health needs for transgender/gender non-conforming individuals. 
    13. "Transition" refers to the altering of one’s birth sex. This is a complex progression that occurs over a long period of time. Transition includes some or all of the following: 
      1. making personal, legal and medical adjustments;
      2. telling one’s family, friends and/or co-workers;
      3. undergoing hormone therapy; and 
      4. possibly, though not always, undergoing one (1) or more forms of gender-affirming surgery.
  5. Implementation and Procedural Guidelines: 
    1. General:
      1. Transgender and gender non-conforming persons in custody will be pre-booked and processed according to defined procedures. The Operations Division chief will establish procedures at the facilities to implement this order using the following guidelines outlined in this order. <ACA 4 ALDF: 2A-22, 2A-25, 2A-30, 2A-32>
      2. Staff should also see Department Order 1.00.1001 - Assignment of Staff: Cross-Gender Supervision for additional guidance.
    2. Intake and Initial Classification: <ACA 4 ALDF: 2A-34>
      1. Identifying Transgender or Gender Non-Conforming Persons:
        1. When identifying whether a person in custody is transgender or gender non-conforming, the following should be taken into consideration:
          1.  Self-reports. If an person in custody has self-reported to DSD staff and there is a reasonable belief to doubt this self-report, staff shall consult a supervisor. 
            1. This shall be the primary consideration.
          2. Information received from the arresting/transporting agency.
          3. Individual's past history, if known. 
    3. Searches:
      1. Refer to Department Order 1.00.1023 – Searches. 
    4. Blue Cards:                              
      1. During the classification process, the intake classification deputy will complete a blue card (see Appendix A) and a statement of search preference form. The completed blue card will be given to the transgender/gender non-conforming person and contains the following information:
        1. Search preference
        2. Affirmation of name and pronoun
        3. Criminal Descriptor (CD) number 
        4. Booking number
        5. Booked name
        6. Person in Custody's signature
        7. Supervisor signature
        8. Date
    5. Health Services Staff Notification:
      1. The intake search deputy will be responsible for notifying the intake nurse that a transgender/gender non-conforming person has been identified.
    6. Temporary Housing:
      1. The transgender or gender non-conforming individual shall be temporarily housed in administrative segregation for the purpose of determining the most appropriate housing placement and for the person's safety. This temporary housing shall be for no more than seventy-two (72) hours, and medical staff shall be informed when the transgender or gender non-conforming person is placed in administrative segregation. <ACA 4ALDF: 2A-32, 2A-44; 2A-45> <J-E-09>
    7. Gender Identity Review Board:                              
      1. The Gender Identity Review Board shall be comprised of the following:
        1. Classification sergeant
        2. Psychologist
        3. Nurse manager or designee
      2. Whenever an individual is identified as transgender or gender non-conforming, the Review Board must meet within seventy–two (72) hours of the person in custody being placed in administrative segregation and conduct an interview to assess the medical, psychological, and housing needs for the individual using and considering the following objective criteria: 
        1. the statement of search preference form;
        2. age and physical size and stature, including any physical disabilities of the person in custody;
        3. level of emotional and cognitive development, including any mental illness or disabilities or intellectual or developmental disabilities;
        4. current gender expression;
        5. whether the individual is or is perceived to be gay, lesbian, bisexual, transgender, intersex, or gender non-conforming;
        6. the individual’s adjustment to incarceration, including whether the individual has previously been incarcerated;
        7. current charges and offense history, including whether the individual’s criminal history is exclusively nonviolent;
        8. whether the individual has prior convictions for sex offenses against an adult or child;
        9. whether the placement will ensure the individual's health and safety, including whether the individual has previously experienced sexual victimization, if known, and whether the individual may be vulnerable to sexual abuse;
        10. whether the placement would present management or security problems; 
        11. the person's own views with respect to safety and vulnerability;
        12. the person's security threat level, including criminal and disciplinary history;
        13. other psychological factors that may contribute to either the individual’s resiliency or vulnerability; and
        14. any other specific information about individual residents that may indicate heightened needs for supervision, additional safety precautions, or separation from certain other residents.
      3. An individual's identification or status as lesbian, gay, bisexual, transgender, intersex, or gender non-conforming shall not be considered as an indicator of likelihood of being sexually abusive. <PREA § 115.342(c)>
      4. A person's own views with respect to their safety shall be given serious consideration. <PREA §§115.42(e)>
      5. In considering a person's needs, if the individual's physical or sexual anatomy is unknown and cannot be determined through conversations with them, the Review Board may request that the health services staff review existing medical records or, if necessary, request that person's physical or sexual anatomy be learned as part of a broader medical examination conducted in private by a medical practitioner. 
      6. Decisions about where a transgender or gender non-conforming person is housed must be made on a case-by-case basis. Housing decisions will not be made solely based upon the person’s anatomy or gender assigned at birth. 
      7. While the Review Board may assess and provide recommendations concerning the medical and mental health needs of the person in custody, treatment decisions continue to be at the discretion of that person's providers and clinicians.
      8. If needed, the Review Board may consult with an identified member of the gay, lesbian, bisexual and transgender (GLBT) or allied community who is knowledgeable with the issues surrounding transgender and gender non-conforming people to assist in forming and making a recommendation for housing to the Classification Unit and/or programs and services needed by the individual. 
      9. Those in custody may not be disciplined for refusing to answer or for not disclosing complete information in response to questions asked about whether the person has a mental, physical, or developmental disability; whether the person is or is perceived to be gay, lesbian, bisexual, transgender, or gender non-conforming; whether the individual has previously experienced sexual victimization; or their own perception of vulnerability. <PREA § 115.41(g)>
      10. Those in custody shall not automatically be isolated solely because of their gender identity or expression. If an individual is isolated, the reasons for placing them into isolation shall be clearly documented, including:
        1. the basis for the concern for the person's safety; and
        2. the reason why no alternative means of separation can be arranged.<PREA §§115.42(b)(c)>
      11. If someone in custody is isolated, their housing status shall be reviewed at least every thirty (30) days to determine whether a continuing need exists for separation from the general population. <ACA 4 ALDF: 2A-48>
    8. Long-term Housing and Classification:
      1. The Gender Identity Review Board will provide recommendations to the Classification Unit regarding all long-term housing and classification decisions. A final decision will be made by the Classification Unit after considering the recommendations of the Review Board. A reassessment of the person's risk of victimization or abusiveness is required within a set period of time but not to exceed thirty (30) days from their arrival.
      2.  If the Review Board is unable to determine an appropriate housing and classification, the board will be expanded to include the DSD Health Administrator, the Facility Major, the Chief of Operations, and the Chief of Mental Health Services.
        1. If necessary, the expanded board may seek legal guidance before make a final determination.
      3. Classification and placement of transgender or gender non-conforming persons shall not be determined solely based on their birth sex, identity documents, or physical anatomy. Classification and placement of transgender or gender non-conforming individuals should be made to maximize the health and safety of the individual and be based upon a determination of whether the placement would present management or security problems. 
      4. Transgender or gender non-conforming persons must be housed safely and in the least restrictive setting possible. Consideration shall be given on a case-by-case basis whether a placement would ensure their health and safety and whether the placement would present management or security problems. 
        1. Additional safety precautions may include (but are not limited to) access to private showers, single cells, etc., and will be offered if and when available. 
        2. Transgender or gender non-conforming persons shall be given the opportunity to shower separately from other individuals, regardless of where they are housed. <PREA §§115.42(f)>
        3. Requests from a transgender or gender non-conforming individual to be placed in the same cell with another transgender or gender non-conforming person should be honored when possible.
        4. The transgender or gender non-conforming person's own views with respect to safety shall be given serious consideration in placement and programming assignments. <PREA §§115.42(e)>
      5. Classification staff shall document in the jail management system (JMS) the choices and reasons regarding housing and additional safety precautions for all transgender/gender non-conforming persons. 
      6. While in the custody of or while housed at any division of the DSD, staff:
        1. shall not discriminate against transgender or gender non-conforming persons;
        2. shall not subject transgender or gender non-conforming persons to verbal or physical harassment or create a hostile environment; and
        3. shall, when addressing someone by name or pronoun, address transgender or gender non-conforming individuals using their affirmed names and pronouns as indicated on the statement of search preference form.
          1. Affirmed names and pronouns should be used regardless of whether or not the individual has completed a legal name change and regardless of whether the gender marker listed on their identity documents has changed.
      7. Any DSD individual who is found to have engaged in abuse or does not follow the guidelines addressed in this Department Order may be subject to disciplinary action. 
      8. Transgender/gender non-conforming persons who are placed in administrative segregation or other special management housing for their safety shall have the same access to the provisions of services and programs as any other person housed in a DSD facility. Additionally, as noted above, the reason for placing the individual into administrative segregation must be clearly documented and reviewed at least every thirty (30) days to determine whether a continuing need exists for separation from the general population. Medical staff shall be informed any time a transgender or gender non-conforming individual is place in administrative segregation or other special management housing. <ACA 4 ALDF: 2A-45> <J-E-09>
      9. Transgender or gender non-conforming persons shall have the right to request that their housing assignment be re-evaluated. 
      10. Placement and programming assignments for each transgender or gender non-conforming individual shall be reassessed every six months from initial intake, or at least two (2) times per year, to consider changed circumstances, including a review of any threats to safety they have experienced. <PREA §§115.42(d)>
    9. Health Assessment and Treatment:
      1. The intake search deputy will be responsible for notifying the intake nurse that a transgender or gender non-conforming person has been identified.
      2. The health services staff will follow all standards of care specified by the Health Services Department transgender protocol in treating transgender or gender non-conforming persons in custody.
      3. Refer to Department Order 1.00.4003 - Health Services for additional guidance.
  6. Responsibility: 
    1. Training: 
      1. The Training Academy will ensure that the curriculum of all currently existing classes and any newly developed classes are compliant with this order.
    2. Management: 
      1. The division chief/unit commander or unit manager of any division or unit affected by this policy will:
        1. ensure that existing procedures and all newly developed orders are in compliance with this order;
        2. ensure that all affected personnel are made aware of this policy; and
        3. ensure this policy is reviewed annually for compliance with all federal, state and local laws and standards.
    3. Supervisors:
      1. All supervisors will ensure that the provisions of this policy are being followed.
    4. Staff: 
      1. All staff, sworn and civilians, will comply with the provisions of this policy.
  7. Effective Date: This order will become effective on May 27th, 2022.
  8. Approval: This document has been reviewed, approved, and electronically signed by the Sheriff of the City and County of Denver prior to its publication.
APPENDIX A
 
5.