OAR 416-435-0050
Management of Offenders who Identify as Transgender or Intersex

(1) Searches
(a) When an offender identifies as transgender or intersex upon the offender’s commitment to OYA, designated staff must ask the offender whether the offender prefers that a male or female staff conduct the offender’s required physical searches.
(b) When an offender identifies as transgender or intersex during initial intake into a youth correction facility, designated staff must ask the offender whether the offender prefers that a male or female staff conduct the offender’s required physical and visual searches.
(c) If the preferred staff is not the same sex as the offender, the GIC must review and approve or deny the offender’s preference.
(d) Staff must accommodate the offender’s stated preference, except if the GIC has denied the accommodation, or during exigent circumstances.
(e) If an offender who was not identified as transgender or intersex upon OYA commitment or during initial intake into a youth correction facility later identifies as transgender or intersex, staff must follow the process described in subsection (1)(a) or (b) above regarding preferred required searches.
(2) Urinalysis testing
(a) Staff must ask a transgender or intersex offender whether the offender prefers that a male or female staff conduct the offender’s urine collection process when a urine sample is required for substance use testing.
(b) If the preferred staff is not the same sex as the offender, the GIC must review and approve or deny the offender’s preference.
(c) Staff must accommodate the offender’s stated preference, except during exigent circumstances, when a preferred staff is not available, or the GIC has denied the accommodation.
(3) Bathrooms and showers in youth correction facilities
(a) Staff must provide transgender and intersex offenders the opportunity to shower and dress/undress separately from other offenders.
(b) Staff must not require offenders to shower separately, dress/undress separately, or use different bathrooms based solely on actual or perceived gender identity or sexual orientation.
(c) Staff must discuss safety planning with offenders who report safety concerns with using bathrooms or showers designated for all-offender use.
(4) Clothing, grooming, and personal items
(a) Staff may respond to requests by transgender and intersex offenders for clothing, undergarments, grooming items, and other personal items that are consistent with the offender’s gender identity, or may forward such requests to the GIC for consideration. Generally acceptable items include underclothes of the offender’s identified gender, and binders.
(b) Each request must be considered and evaluated on a case-by-case basis.
(c) In responding to such requests, staff or the GIC, as appropriate, must consider the offender’s individual circumstances, including but not limited to the offender’s gender identification, gender expression, behavior and programming needs, safety, mental health, and medical needs and diagnosis.
(d) In responding to such requests of offenders placed in youth correction facilities, facility staff or the GIC, as appropriate, must also consider the safety and security of the facility, staff, and other offenders.
(e) Any clothing, grooming items or other personal items provided to offenders in youth correction facilities following approval of such a request must be consistent with:
(A) Agency rules and policies pertaining to male/female programs; and
(B) The offender’s reformation plan.
(5) Preferred name and pronouns
(a) Staff must use a transgender or intersex offender’s consistently-preferred name and pronouns when referring to the offender.
(b) Notwithstanding subsection 5(a) above, staff must use the offender’s legal name under these circumstances:
(A) When requested by the offender; and
(B) In all written records including court documents, medical records, clinical or other service referrals, and demographical entries in the Juvenile Justice Information System (JJIS).
(6) The GIC may collaborate with a transgender or intersex offender’s treatment team to address other requests or questions raised by the offender, using the method and criteria set forth in section (4) above.

Source: Rule 416-435-0050 — Management of Offenders who Identify as Transgender or Intersex, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=416-435-0050.

Last Updated

Jun. 8, 2021

Rule 416-435-0050’s source at or​.us