Table 1

Thirteen Provisions of PREA¹⁶ Related to Transgender Incarcerated Individuals

Provisions		Description
1	§115.5 General definitions	Gender nonconforming means a person whose appearance or manner does not conform to traditional societal gender expectation.
2	§115.5 General definitions	Transgender means a person whose gender identity (i.e., internal sense of feeling male or female) is different from the person’s assigned sex at birth.
3	§115.15 Limits to cross-gender searches	The facility shall not search or physically examine a transgender or intersex inmate for the sole purpose of determining the inmate’s genital status.
4	§115.15 Limits to cross-gender searches	The agency shall train security staff in how to conduct cross-gender pat-down searches, and searches of transgender and intersex inmates, in a professional and respectful manner, and in the least intrusive manner possible, consistent with security needs.
5	§115.31 Employee training	The agency shall train all employees who may have contact with inmates on: How to communicate effectively and professionally with inmates, including lesbian, gay, bisexual, transgender, intersex, or gender nonconforming inmates.
6	§115.41 Screening for risk of victimization and abusiveness	The intake screening shall consider, at a minimum, the following criteria to assess inmates for risk of sexual victimization: Whether the inmate is or is perceived to be gay, lesbian, bisexual, transgender, intersex, or gender nonconforming.
7	§115.42 Use of screening information	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 agency 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.
8		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.
9		A transgender or intersex inmate’s own views with respect to his or her own safety shall be given serious consideration.
10		Transgender and intersex inmates shall be given the opportunity to shower separately from other inmates.
11		The agency shall not place lesbian, gay, bisexual, transgender, or intersex inmates in dedicated facilities, units, or wings solely on the basis of such identification or status, unless such placement is in a dedicated facility, unit, or wing established in connection with a consent decree, legal settlement, or legal judgment for the purpose of protecting such inmates.
12	§115.43 Protective custody	Inmates at high risk for sexual victimization shall not be placed in involuntary segregated housing unless an assessment of all available alternatives has been made, and a determination has been made that there is no available alternative means of separation from likely abusers.
13	§115.43 Protective custody	Consider whether the incident or allegation was motivated by race; ethnicity; gender identity; lesbian, gay, bisexual, transgender, or intersex identification, status, or perceived status; or gang affiliation; or was motivated or otherwise caused by other group dynamics at the facility.