Least Restrictive Setting Appropriate for LGBTQI Population. A. The County recognizes that LGBTQI individuals and people whose appearance or manner does not conform to traditional gender expectations should not be placed in more restrictive custodial settings based solely on such identification or status, or because they receive gender dysphoria treatment.
Least Restrictive Setting Appropriate for LGBTQI Population. (Section III)
Least Restrictive Setting Appropriate for LGBTQI Population. A. The County recognizes that LGBTQI individuals and people whose appearance or manner does not conform to traditional gender expectations should not be placed in more restrictive custodial settings based solely on such identification or status or because they receive gender dysphoria treatment. The Expert notes the OCSD Action Plan for this provision: “We will revise policy and implement training to address this requirement.” Previously, CCOM Section 1200 Inmate Classification Procedures did not contain language specific to housing identified LGBTQI individuals, but it did address housing individuals according to classification level or according to Correctional Health Service (CHS) staff recommendations. Regarding the Expert's previous request that to the extent there is a policy(ies)/procedures that specifically address the housing of LGBTQI incarcerated persons, then provide the policy(ies)/procedures in the OCSD’s production, OCSD indicated Policy 1201.2(c) has been updated. As part of document production, OCSD provided Policy 1201.2(c). The policy states in part:
Least Restrictive Setting Appropriate for LGBTQI Population. A. The County recognizes that LGBTQI individuals and people whose appearance or manner does not conform to traditional gender expectations should not be placed in more restrictive custodial settings based solely on such identification or status or because they receive gender dysphoria treatment. The Expert notes the OCSD Action Plan for this provision: “OCSD’s revised LGBTQI policy is currently with County Counsel for review. OCSD will revise other applicable policies to comply with these requirements of the Remedial Plan. Classification will also be revising its “script” to ensure LGBTQI self-identified individuals fully understand the protective custody and general population classifications (and others as applicable) and the jail dynamics associated with those classifications.” CCOM Section 1201.2(c) Inmate Classification Procedures contains language specific to housing identified LGBTQI individuals, as well as housing individuals according to classification level or according to Correctional Health Service (CHS) staff recommendations. CCOM Section 1201.2(d) contains information regarding requested placement into the PRODE Program, with a reference to CCOM Section 1204.5(b). The Expert previously requested that OCSD provide proof of practice or an explanation (e.g., via a brief general memo to the Expert) as to how the administration or Classification management personnel monitor Classification activities to ensure LGBTQI individuals are made aware of the jail dynamics associated with them being classified as general population versus protective custody and in being housed as such. The OCSD’s document production (for the previous monitoring review – Expert’s Third LGBTQI Review) indicated there is no formal process in place yet, and that policy and training are in development. The Expert anticipates the revised LGBTQI policy (as referenced above for the OCSD Action Plan) or other related documentation will be provided in the future. Though this specific question was not asked during the Expert’s current monitoring review, Classification Unit staff previously stated they house LGBTQI incarcerated persons (as well as individuals whose appearance may not appear to conform to traditional gender expectations) in accordance with their classification level and factors, the housing matrix, and specialty housing requests (when applicable) and do not house these individuals in more restrictive housing settings (including program access) than their classification ...
