1. (a) An incarcerated person who is transgender, non-binary, or intersex, regardless of anatomy, shall be searched according to the individual's approved search preference, unless the department has management or security concerns with an individual's search preference. If the approved search preference cannot be determined, the search shall be conducted according to the search policy of the gender designation of the facility where the incarcerated person is housed.

   1. (1) When denying a search preference, the department shall document and articulate the specific management or security reasons and why the department is unable to accommodate that search preference. The department shall not deny a search preference based on any discriminatory reason, including, but not limited to, any of the following:

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

2. (b) The Prison Rape Elimination Act (PREA) Compliance Manager shall receive all incarcerated person search preference requests. Search requests can be made in writing or verbally to the incarcerated person's Correctional Counselor. A new Gender Identity Questionnaire (GIQ) shall be completed and a copy of the GIQ shall be forwarded to the PREA Compliance Manager within 24 hours of completion.

   1. (1) Within 15 calendar days of receipt of the completed GIQ, the PREA Compliance Manager shall interview the incarcerated person, review all pertinent case factors, and prepare a SOMS Offender Search Preference Request (OSPR), (8/27/2024), which is incorporated by reference, outlining the information that has been gathered, and make a recommendation about approval or denial of the search preference request. The OSPR shall be forwarded to the Chief Deputy Warden and within 15 calendar days of receipt they shall make a determination for approval or disapproval.

   2. (2) If the search preference request is approved by the Chief Deputy Warden, the OSPR is signed by the Chief Deputy Warden and returned to the PREA Compliance Manager.

      1. (A) The PREA Compliance Manager shall provide a copy of the OSPR to the incarcerated person.
      2. (B) The PREA Compliance Manager shall make notification to have the incarcerated person's Transgender, Non-Binary, and Intersex Access Card (11/1/2023), which is incorporated by reference, updated to reflect the search preference.
      3. (C) The Transgender, Non-Binary, and Intersex Access Card shall be kept on the incarcerated person at all times.
      4. (D) In the event an incarcerated person does not have their Transgender, Non-Binary, and Intersex Access Card on their person and a search is required, staff shall make reasonable efforts, such as checking SOMS, to determine the incarcerated person's approved search preference.

   3. (3) If the search preference request is disapproved by the Chief Deputy Warden, the OSPR is signed by the Chief Deputy Warden and returned to the PREA Compliance Manager.

      1. (A) The PREA Compliance Manager shall provide a copy of the OSPR to the incarcerated person.

         1. 1. Within a reasonable time but no later than 15 calendar days following the incarcerated person's receipt of the OSPR, the PREA Compliance Manager 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 OSPR the PREA Compliance Manager shall inform the incarcerated person that they have the right to file a grievance if they do not agree with the Chief Deputy Warden's decision of disapproval. The incarcerated person may grieve the decision pursuant to subsection 3482(b)(1).
3. (c) The search process shall be completed in accordance with section 3287.

4. (d) Reevaluation of a Previously Approved Search Preference.

   1. (1) The institution PREA Compliance Manager shall refer a previously approved OSPR to the Chief Deputy Warden if a transgender, non-binary, or intersex incarcerated person exhibits management or security concerns related to their previously approved search preference. The process shall be as follows:

      1. (A) Custody staff shall document the management or security concerns on a CDC Form 128-B and forward to the PREA Compliance Manager who shall interview the incarcerated person, review all pertinent case factors, and prepare a new SOMS OSPR outlining the information that has been gathered, and make a recommendation regarding whether to continue accommodating the search preference request or not.
      2. (B) The OSPR is forwarded to the Chief Deputy Warden for approval or disapproval and within 15 calendar days of receipt, the Chief Deputy Warden shall make a determination whether to continue accommodating a previously approved search preference.

      3. (C) If the OSPR is approved by the Chief Deputy Warden, the incarcerated person will maintain their previously approved search preference, and the OSPR shall be signed by the Chief Deputy Warden and returned to the PREA Compliance Manager.

         1. 1. The PREA Compliance Manager shall provide a copy of the OSPR to the incarcerated person.

      4. (D) If the OSPR is disapproved by the Chief Deputy Warden the incarcerated person's previously approved search preference shall be rescinded and the OSPR shall be signed by the Chief Deputy Warden and returned to the PREA Compliance Manager.

         1. 1. The PREA Compliance Manager shall provide a copy of the OSPR to the incarcerated person.
         2. 2. The Transgender, Non-Binary, and Intersex Access Card shall be rescinded, and a new Transgender, Non-Binary, and Intersex Access Card shall be issued showing that their search preference has been removed.
         3. 3. Within a reasonable time but no later than 15 calendar days following the incarcerated person's receipt of the OSPR, the PREA Compliance Manager 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.
         4. 4. Following the incarcerated person's receipt of the OSPR the PREA Compliance Manager shall inform the incarcerated person that they have the right to file a grievance if they do not agree with the Chief Deputy Warden's decision of disapproval. The incarcerated person may grieve the decision pursuant to subsection 3482(b)(1).

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).