Colorado

1. State Policy: Colorado Department of Corrections Administrative Regulation 100-40 (Prison Rape Elimination Procedure)
2. Language:
   1. 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, CDOC shall consider on a case-by-case basis whether the placement would ensure the inmate’s health and safety, and whether the placement would present management or security problems.
   2. Transgender and intersex inmates shall be given the opportunity to shower separately from other inmates.
   3. A transgender or intersex offender's own views with respect to his or her own safety shall be given serious consideration.   

Local Policy

Denver, CO

1. Policy: Denver Sheriff Department: Order 4005.1 Transgender And Gender-Variant Inmates
2. History: The policy has become one of two models recommended by the National Institute of Corrections.
3. Language:
   1. It is the policy of the Denver Sheriff Department (DSD) to receive, evaluate, house and provide secure, safe and humane custody of all persons, including transgender and gender-variant inmates, who are lawfully committed or held for confinement by the Denver Sheriff Department until their lawful and appropriate release or transfer to another authority.
   2. Identifying Transgender/Gender-Variant Prisoners
      1. When determining whether prisoners are transgender/gender-variant, the following should be taken into consideration:
      2.  Prisoner’s appearance or behavior does not match the gender marker on the prisoners arresting/transportation paperwork or identification.
      3. Prisoner self-reports. If there is doubt or a question concerning the validity of the self-report the DSD officer shall consult a supervisor and if necessary, medical staff.
      4. Arresting/transporting agency has alerted the DSD staff to the prisoner’s transgender/gender-variant status.
      5. Prisoner’s past history, if known.
      6. DSD officer discretion.
   3. The transgender/gender-variant inmate shall be temporarily housed in Administrative Segregation. This temporary housing shall be for no more than 72 hours, excluding weekends and holidays.
   4. Whenever an inmate is identified as transgender/gender-variant, the Transgender Review Board will meet within seventy–two (72) hours and conduct a hearing/interview in order assess the medical, psychological and housing needs for the individual, using and considering the following criteria: The Statement of Preference Form; The gender of the inmate; The individual’s adjustment to incarceration; Other psychological factors that may contribute to either the individual’s resiliency or vulnerability.
   5. In considering inmate needs, the Transgender Review Board may request that an anatomy check be performed by the medical staff.
      1.  If the inmate consents to the anatomy check, the inmate will indicate such consent on the Transgender/Gender Variant Individual Search Form. Transgender/Gender Variant Individual Search Form (see Appendix C, One page) <ACA 4 ADLF 4D 15>
      2. If the inmate refuses the anatomy check, the inmate will indicate such refusal on the Transgender/Gender Variant Individual Search Form. Transgender/Gender Variant Individual Search Form (see Appendix C, One page) <ACA 4 ADLF 4D 15>
   6. If needed, the Transgender Review Board may consult with an identified member of the Gay, Lesbian, Bisexual and Transgender (GLBT) or allied community who is knowledgeable with the issues surrounding transgender and gender-variant people to assist in forming and making a recommendation for housing to the classification unit and/or programs and services needed by the individual.
   7. The Transgender Review Board will provide recommendations to the classification unit regarding all long-term housing and classification decisions. Final decision will be made by the classification unit after considering the recommendations of the Transgender Review Board.
   8. Classification and placement of transgender/gender-variant inmates should not be determined solely based on the inmates’ birth sex, identity documents, or physical anatomy. Classification and placement of transgender/gender-variant inmates should be made to maximize the health and safety of the individual.
   9. Transgender/gender-variant inmates must be housed safely and in the least restrictive setting possible.
      1. Additional safety precautions may include (but are not limited to) access to private showers, single cells, etc., and will be offered if and when available.
   10.  Requests from a transgender/gender-variant inmate to be placed in the same cell with another transgender/gender-variant inmate should be honored when possible.
   11. Classification staff shall document in the Jail Management System (JMS) the choices and reasons regarding housing and additional safety precautions for all transgender/gender-variant inmates.
   12. While in the custody of or while housed at any division of the Denver Sheriff Department, DSD staff:
       1. Shall not discriminate against transgender/gender-variant inmates. <ACA 4ADLF 6A 02; 6B02>
       2. Shall not subject transgender/gender-variant inmates to verbal or physical harassment or create a hostile environment. <ACA 4ADLF 6A 02>
       3. Should address transgender/gender-variant inmates using preferred names and pronouns as indicated on the Statement of Preference Form.
   13. Preferred names and pronouns should be used regardless of whether or not the inmate has completed a legal name change, and regardless of whether the gender marker listed on the inmate’s identity documents has changed.
   14. Any DSD individual who is found to engage in inmate abuse or does not follow the guidelines addressed in this department order may be subject to appropriate disciplinary action.
   15. Transgender/gender-variant inmates who are placed in administrative segregation or other special management housing for the safety and security of the transgender/gender-variant inmate shall have the same access to the provisions of services and programs as any other inmate housed in a DSD facility. <ACA 4ADLF 6B 02; 6B03>
   16. Transgender/gender-variant inmates shall have the right to request that their housing assignment be re-evaluated.

“The degree of civilization in a society can be judged by entering its prisons.”

Fyodor Dostoevsky