Delaware

1. Policy: Delaware Department of Correction, Treatment of Transgender Persons, September 2013
2. Language: No specific mention of housing or placement of transgender.
   1. The offender who self-identifies as a transgender person (Question #3 of the intake screening questionnaire) shall have an Urgent Behavioral Health Evaluation within twenty-four (24) hours of the Intake Screening consistent with all offenders considered as a high-risk for suicide or victimization.
   2. The offender who self-identifies as a transgender person (Question #33 of the Intake Screening Questionnaire) shall also have an Urgent Medical appointment within twenty-four (24) hours of the Intake Screening for the individualized assessment by an Advanced Practice Nurse/Physician Assistant/Physician. During this initial appointment the determination of the genital status shall be accomplished in accordance with section DDOC Policy 11-E-14 Section VI. (B) Above to determine the presence or absence of physical characteristics that would place the offender at a greater potential for victimization through rape, "bullying" or as a potential PREA sexual predator.
3. Updated Policy (Updated policy was created in response to an ACLU lawsuit on behalf of male to female transgender inmate).
   1. Updated guidelines stipulate that the state cannot place transgender inmates in dedicated buildings or units solely based on their gender identity and must consider on a case-by-case basis "the least restrictive levels of security and custody needed to promote the health and safety of the offender," along with weighing management and security concerns.

“No one truly knows a nation until one has been inside its jails.  A nation should not be judged by how it treats its highest citizens but its lowest ones.”

Nelson Mandela