§ 5-18 Use of Screening Information.
RCNY § 5-18
(a)The Department shall use information from the risk screening required by 40 RCNY § 5-17 to inform housing, bed, work, education, and program assignments with the goal of keeping separate those inmates at high risk of being sexually victimized from those at high risk of being sexually abusive.
(b)The Department shall make individualized determinations about how to ensure the safety of each inmate.
(c)In deciding whether to assign a transgender or intersex inmate to a facility for male or female inmates, and in making other housing and programming assignments, the Department shall consider on a case-by-case basis whether a placement would ensure the inmate's health and safety, and whether the placement would present management or security problems.
(d)The Department shall not assign a transgender or intersex inmate to a men's or women's facility based solely on the inmate's external genital anatomy.
(e)A transgender or intersex inmate's own views with respect to his or her own safety shall be given serious consideration.
(f)Placement and programming assignments for each transgender or intersex inmate shall be reassessed at least twice each year to review any threats to safety experienced by the inmate.
(g)Transgender and intersex inmates shall be given the opportunity to shower separately from other inmates.
(h)The Department shall notify the Board, in writing, of each placement of a transgender or intersex inmate, all information considered in making the determination and the reasons for the housing determination. The Department shall provide the Board with such information commencing on January 5, 2017 (with respect to the previous two-week period, i.e., December 19, 2016 - December 31, 2016) and within two (2) business days following the end of each two-week period thereafter.
(i)The Department shall implement this section by the effective date of this rule provided the Department has sufficient resources and necessary staffing. (Added City Record 11/25/2016, eff. 1/2/2017)
