The funny thing is he's only not in prison because the court system has cut him slack for being obviously retarded. He's mentally inferior to every other person. Hence, he hasn't gone to prison because the system has cut him slack and played the tard card for him.
I am guessing that he would be too much of a liability to house in prison.
Obviously he is old and frail for a start.
He has not been in and out of prison or previously had a long term, so won’t have the idea of the skills that older prisoners have to develop to survive.
He is unhygienic and has fecal control issues so a health risk to himself and other prisoners.
He is retarded, combined with his hostile personality and his frailty, so risk of violence is obviously a concern.
Violence against him that is. Physically unless he manages to craft a shiv or get access to boiling water or oil, then he is not especially a danger to the average prisoner.
He also isn’t shy about talking about his rapes of children and dogs.
As he isn’t convicted of these crimes as it stands, so he won’t be automatically housed in sex offender/protected custody.
The biggest liability though is his insistence on being considered a woman. While it is unlikely he will be raped as even the dumbest and most sex starved of prisoners won’t mistake him for a sexy lady, he has had a history of believing that men are attracted to him.
He may try to cozy up to a key or known dangerous prisoner, thinking his “feminine charm” will wile him.
It is more likely the prisoner will be so revolted and offended, that he will simply murder Tom.
It’s overall a much simpler matter for the authorities to not waste time imprisoning Tom.