1. (a) An incarcerated person who is transgender, non-binary, or intersex, regardless of anatomy, shall be housed at a correctional facility designated for men or women based on the individual's preference pursuant to Penal Code section 2606, including, if eligible, at a residential program for incarcerated persons under the jurisdiction of the department unless the department has management or security concerns with an individual's preferred placement. The incarcerated person 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 of 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. If the incarcerated person is not granted their preferred housing, the department shall document and articulate the specific management or security reasons why the department is unable to accommodate the housing preference 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 housing and placement shall be reassessed, in accordance with the procedures set forth in subsection 3085.2(d).
2. (b) Each incarcerated person shall be asked to participate in the completion of a Gender Identity Questionnaire (GIQ) (11/8/2023), incorporated by reference, as described in section 3085.1, however participation is not mandatory.

3. (c) Requests to be Housed at an Institution of a Different Gender Designation Made Through Intake Screening:

   1. (1) The Prison Rape Elimination Act (PREA) Compliance Manager shall review all GIQs they receive from the custody supervisor in Receiving and Release at a Reception Center. If the GIQ requests housing at an institution of a different gender designation than which the incarcerated person is housed, the PREA Compliance Manager shall interview the incarcerated person, document the interview, and forward the request to the Classification and Parole Representative (C&PR) for assignment to a Correctional Counselor (CC) II (Supervisor) or designee.
   2. (2) The CC II (Supervisor) or designee shall interview the incarcerated person and prepare a comprehensive summary report for the Institution Classification Committee (ICC). To prepare a comprehensive summary report, the CC II (Supervisor) or designee shall complete a file review to include the incarcerated person's criminal history, CDCR history (housing, work, etc.), disciplinary history, and victimization and abusiveness concerns.
   3. (3) The CC II (Supervisor) or designee shall notify medical and mental health staff of the incarcerated person's request for housing and inform them that the incarcerated person will be scheduled for an ICC hearing. The medical and mental health staff should present related issues or concerns during the ICC hearing.
   4. (4) The CC II (Supervisor) or designee shall contact housing unit custody staff and the incarcerated person's work or program supervisor, if applicable, to gather information.

   5. (5) Upon completion of the comprehensive summary report, the CC II (Supervisor) or designee shall schedule the case for appearance before an ICC in accordance with section 3376. Prior to attending an ICC, the incarcerated person shall be required to complete a pre-transfer course to ensure they make an informed decision regarding their transfer. The ICC shall include the Warden and CC II (Supervisor) or designee, the PREA Compliance Manager (PCM), and a mental health representative. The Warden and PCM at the institution where the incarcerated person will be received for processing, the C&PR, the PREA Coordinator (Headquarters (HQ)), a mental health representative (HQ), and a medical representative (HQ) may be included as additional resources.

      1. (A) If the ICC approves the incarcerated person for placement in a facility consistent with their gender identity, the case shall be forwarded to the Classification Staff Representative (CSR) for endorsement.

      2. (B) If disapproved, the incarcerated person shall be provided with a copy of the automated Classification Committee Chrono (Rev. 05/19), which is incorporated by reference, from the ICC.

         1. 1. Within a reasonable time but no later than 15 calendar days following the incarcerated person's receipt of the automated Classification Committee Chrono, the CC II (Supervisor) shall provide the incarcerated person with an opportunity to verbally raise any objections to the disapproval and shall document those objections on the CDC Form 128-B (Rev. 4/74), incorporated by reference.
         2. 2. Following an incarcerated person's receipt of the automated Classification Committee Chrono, the CC II (Supervisor) shall inform the incarcerated person that they have the right to file a grievance if they do not agree with the ICC's decision of disapproval. The incarcerated person may grieve the ICC's decision pursuant to subsection 3482(b)(1).

4. (d) Requests to be Housed at an Institution of a Different Gender Designation Made at Any Other Time:

   1. (1) The incarcerated person shall make a verbal request to a custody supervisor or their assigned Correctional Counselor (CC) to complete a new GIQ requesting housing at an institution of a different gender designation. Upon completion of the new GIQ, the assigned CC or custody supervisor shall notify the CC II (Supervisor) or designee and the PREA Compliance Manager.

      1. (A) A copy of the GIQ shall be forwarded to the PREA Compliance Manager within 24 hours of completion. To prepare a comprehensive summary report, the CC II (Supervisor) or designee shall complete a file review to include the incarcerated person's criminal history, CDCR history (housing, work, etc.), disciplinary history, and victimization and abusiveness concerns.
   2. (3) The CC II (Supervisor) or designee shall notify medical and mental health staff of the incarcerated person's request and inform them that the incarcerated person will be scheduled for an ICC hearing. The medical and mental health staff should be prepared to present related issues or concerns during the ICC hearing.
   3. (4) The CC II (Supervisor) or designee shall contact housing unit custody staff and the incarcerated person's work or program supervisor, if applicable, to gather information.

   4. (5) Upon completion of the comprehensive summary report, the CC II (Supervisor) or designee shall schedule the case for appearance before an ICC in accordance with section 3376. Prior to attending an ICC, the incarcerated person shall be required to complete a pre-transfer course to ensure they make an informed decision regarding their transfer. The ICC shall include the Warden and CC II (Supervisor) or designee, the PCM, and a mental health representative. The Warden and PCM at the institution where the incarcerated person will be received for processing, the PREA Compliance Manager, the C&PR, the PREA Coordinator (HQ), a mental health representative (HQ), and a medical representative (HQ) may be included as additional resources.

      1. (A) If the ICC approves the incarcerated person for placement in a facility consistent with their gender identity, the case shall be forwarded to the CSR for endorsement.

      2. (B) If disapproved, the incarcerated person shall be provided with a copy of the automated Classification Committee Chrono (Rev. 05/19), from the ICC.

         1. 1. Within a reasonable time but no later than 15 calendar days following the incarcerated person's receipt of the automated Classification Committee Chrono, the CC II (Supervisor) shall provide the incarcerated person with an opportunity to verbally raise any objections to the disapproval, and shall document those objections on the CDC Form 128-B.
         2. 2. Following an incarcerated person's receipt of the automated Classification Committee Chrono the CC II (Supervisor) shall inform the incarcerated person that they have the right to file a grievance if they do not agree with the ICC's decision of disapproval. The incarcerated person may grieve the ICC's decision pursuant to subsection 3482(b)(1).

5. (e) When denying a housing placement, the department shall document and articulate the specific management or security reasons for the denial. The department shall not deny a housing placement based on any discriminatory reason, including, but not limited to, any of the following:

   1. (1) The anatomy, including, but not limited to, the genitalia or other physical characteristics, of the incarcerated person.
   2. (2) The sexual orientation of the incarcerated person.

   3. (3) A factor present among other incarcerated persons housed at the preferred type of facility.

      1. (A) The mere presence of a factor that is present among other incarcerated persons at a transgender, non-binary, or intersex incarcerated person's preferred housing placement does not prohibit the department from denying a transgender, non-binary, or intersex person's preferred housing placement if there are individualized underlying facts and information that support management or security concerns as to why the department is unable to accommodate the housing preference.
      2. (B) For the purposes of subdivision (e)(3), the department may consider any individualized underlying facts and information that relate to the transgender, non-binary, or intersex incarcerated person in assessing a housing placement request, including, but not limited to, criminal history, including commitment offenses; documented history of violence, including sexual violence; documented history of sexual harassment; risks posed to the incarcerated person by other incarcerated persons at the current and preferred facility; and risks posed by the incarcerated person to other incarcerated persons at the current and preferred facility.

6. (f) Return Transfer to Previous Institution Gender Designation:

   1. (1) The institution Warden or their designee may consider referral to the ICC if a transgender, non-binary, or intersex incarcerated person exhibits management or security concerns with their previously approved preferred housing placement. The process shall be as follows:

      1. (A) Staff shall document the behavior, utilizing a CDC Form 128-B (Rev. 4/74), General Chrono, incorporated by reference, or a Rules Violation Report.
      2. (B) The institution Warden or their designee shall conduct an ICC hearing to address the management or security concerns. If during the ICC hearing, the institution Warden or their designee determines there are specific management or security concerns as to why the department is unable to accommodate the housing preference, the institution Warden or their designee shall make a determination to return the incarcerated person to their previous institution gender designation, and document the specific and articulable basis of their decision in writing and shall provide a copy of the automated Classification Committee Chrono (Rev. 05/19) to the incarcerated person.

      3. (C) If the institution Warden or their designee recommends the incarcerated person be returned to the previous institution gender designation, the incarcerated person shall be provided with a copy of the automated Classification Committee Chrono (Rev. 05/19), from the ICC.

         1. 1. Within a reasonable time but no later than 15 calendar days following the incarcerated person's receipt of the automated Classification Committee Chrono, the CC II (Supervisor) shall provide the incarcerated person with an opportunity to verbally raise any objections to the disapproval and shall document those objections on the CDC Form 128-B.
         2. 2. Following an incarcerated person's receipt of the automated Classification Committee Chrono, the CC II (Supervisor) shall inform the incarcerated person that they have the right to file a grievance if they do not agree with the ICC's decision of disapproval. The incarcerated person may grieve the ICC's decision pursuant to subsection 3482(b)(1).

   2. (2) Criteria that shall be reviewed for an involuntary return transfer to a previous institution gender designation includes the following:

      1. (A) Behavior that is deemed a potential management or security threat to the incarcerated person, incarcerated person population, staff, or institution.
      2. (B) New predatory behavior.
      3. (C) Incarcerated person requires type of housing not available at the preferred facility.
      4. (D) Incarcerated person serving or pending adjudication for a Restricted Housing Unit term of a serious Rules Violation Report.
      5. (E) Incarcerated person has two or more serious Rules Violation Reports within a 12-month period for use of or possession of a weapon, indecent exposure, harassment, sexual disorderly conduct, assault or battery including sexual assault or battery with no serious injury.
      6. (F) Incarcerated person is unable to resolve documented enemy concerns.

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

History

1. New section filed 4-9-2026; operative 4-9-2026 pursuant to Government Code section 11343.4(b)(3) (Register 2026, No. 15).