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whether the serious, specific, and articulable security or management concerns asserted <br />by custody staff, in consultation with medical and mental health staff, justify placing a <br />transgender person in a classification placement different from the one stated on the <br />individual's Statement of Preference Form. <br />At least one member of the Committee (other than a custody staff member) will conduct <br />a meaningful interview with the transgender individual to assess that individual's <br />placement preference and safety needs. The interview may include questions such as: <br />o Are you, or have you been perceived to be, gay, lesbian, bisexual, transgender, <br />intersex, or gender variant? <br />o Have you ever been sexually victimized? <br />o In what type of cell/bed would you prefer to be placed? Why? <br />o In what type of cell/bed do you think you will be safest? <br />A person in custody shall not be disciplined or penalized in any way for declining to <br />answer any such questions. <br />In determining how to classify a transgender imnate, the TCCC shall consider the <br />following: <br />1. The individual's answers to the above questions relating to the individual's <br />preferences and requests, as well as their own assessment of their safety needs (does <br />the individual feel threatened or at risk of harm); <br />2. All records and prior assessments, including medical /mental health records, and an <br />assessment of the effects of any housing placement on the individual's health and <br />safety that has been conducted by medical or mental health professionals. <br />3. The individual's documented criminal history and past and/or current behavior, <br />including any prior offences or current and /or prior behaviors that indicate an <br />individual has a history of predatory behavior toward others; <br />4. The TCCC' S determination of the individual's safety /security needs; including <br />documented and self- reported history of sexual assault, victimization, and/or <br />predatory behavior; <br />5. The person in custody's physical, medical, mental health, or special needs; <br />6. Privacy issues, including showers, single cell sleeping arrangements, etc. <br />7. Whether the housing assignment will pose a risk to other individuals in custody. <br />Discussions may include guidance on appropriate staffing levels in the housing option <br />assigned (e.g. single or shared cell, or dormitory) to ensure safety, security and <br />privacy needs of all individuals in custody. <br />During the time the TCCC is making a housing and classification recommendation, <br />the individual may be housed in a segregated cell or protective custody if there are no <br />other options available. <br />65B -30 <br />