1. (a) An incarcerated person who is transgender, non-binary, or intersex, regardless of anatomy, shall be addressed in a manner consistent with their gender identity.
2. (b) At any time, an incarcerated person may inform designated facility staff of their gender identity, and designated facility staff shall promptly repeat the process of offering the incarcerated person an opportunity to update the Gender Identity Questionnaire (11/8/2023), incorporated by reference, which shall be completed in a private setting.
3. (c) An incarcerated person who is transgender, non-binary, or intersex, regardless of anatomy, shall have their perception of health and safety given serious consideration in any bed assignment, placement, or programming decision within the facility in which they are housed: including, but not limited to, consideration for single-cell status, housing the individual with another incarcerated person of their choice, or removing the individual or individuals who pose a threat to the transgender, non-binary, or intersex incarcerated person from any location where they may have access to the individual who has expressed a safety concern. The department shall follow the procedures set forth in subsections 3375(a), (b), and (c); or 3335(a); or 3269(a)-(h) when giving serious consideration to alternatives, including bed assignments, placement, or programming decisions. If the incarcerated person is not granted an alternative based on their perception of their health and safety pursuant to this subsection, the department shall document the specific reasons why the department is unable to accommodate the incarcerated person, and share them with the incarcerated person via an automated Classification Committee Chrono (Rev. 05/19), which is incorporated by reference. If an incarcerated person raises concerns for their health or safety at any time, their placement shall be reassessed in accordance with the procedures set forth in subsections 3375(a), (b), and (c); or 3335(a); or 3269(a)-(h).
4. (d) Staff, contractors, and volunteers of the department shall not consistently fail to use the gender pronoun and honorific specified by the incarcerated person in all verbal and written communications.

Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2605, 2606, 5054 and 5068, Penal Code.

History

1. New article 9 (sections 3085-3085.3) and section filed 4-9-2026; operative 4-9-2026 pursuant to Government Code section 11343.4(b)(3) (Register 2026, No. 15). For prior history, see Register 2022, No. 1.