West Virginia

1. State Policy: West Virginia Department of Corrections Operating Procedure 038.3, (Prison Rape Elimination Act)
2. Language:
   1. Use of Offender Screening Information
      1. Specialized decisions to provide specific individual accommodations to transgender or intersex offenders and offenders diagnosed by Mental Health staff with Gender Dysphoria shall be made by the Gender Dysphoria Committee.  
      2. In deciding whether to assign a transgender or intersex offender to a facility for male or female offenders, and in making other housing and programming assignments, the agency shall consider on a case-by-case basis whether a placement would ensure the offender’s health and safety, and whether the placement would present management or security problems.
      3. Placement and programming assignments for each transgender or intersex offender shall be reassessed at least twice each year to review any threats to safety experienced by the offender.
      4. The Institutional Program Manager (IPM) or designated staff for facilities without an IPM shall pull the Facility Offender Alert custom report from VACORIS in the months of January and July in order to complete a six month reassessment of housing and programs for all transgender and intersex offenders.
      5. A transgender or intersex offender’s own views with respect to his or her own safety shall be given serious consideration.  
      6. Transgender and intersex offenders shall be given the opportunity to shower separately from other offenders.
      7. The DOC shall not place lesbian, gay, bisexual, transgender, or intersex offenders in dedicated facilities, units, or wings solely on the basis of such identification or status.   

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

Fyodor Dostoevsky