C.F.R. » Title 28 » CHAPTER I—DEPARTMENT OF JUSTICE › PART 115—PRISON RAPE ELIMINATION ACT NATIONAL STANDARDS › Subpart C—Standards for Community Confinement Facilities

28 C.F.R. § 115.242

Use of screening information

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(a) The agency shall use information from the risk screening required by § 115.241 to inform housing, bed, work, education, and program assignments with the goal of keeping separate those residents at high risk of being sexually victimized from those at high risk of being sexually abusive.

(b) The agency shall make individualized determinations about how to ensure the safety of each resident.

(c) In deciding whether to assign a transgender or intersex resident to a facility for male or female residents, and in making other housing and programming assignments, the agency shall consider on a case-by-case basis whether a placement would ensure the resident's health and safety, and whether the placement would present management or security problems.

(d) A transgender or intersex resident's own views with respect to his or her own safety shall be given serious consideration.

(e) Transgender and intersex residents shall be given the opportunity to shower separately from other residents.

(f) The agency shall not place lesbian, gay, bisexual, transgender, or intersex residents in dedicated facilities, units, or wings solely on the basis of such identification or status, unless such placement is in a dedicated facility unit, or wing established in connection with a consent decree, legal settlement, or legal judgment for the purpose of protecting such residents.

Notes of Decisions
Cited in 1 case, 2020–2020 · leading case: Minor v. Dilks (D.N.J. 2020).
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Minor v. Dilks (D.N.J. 2020). · cites it 2× “Plaintiff is a transgender, gay inmate at SWSP who seeks a TRO or preliminary injunction ordering John Powell, Administrator at SWSP, and others to provide Plaintiff with safe housing with another transgender inmate or a non-heterosexual inmate, in compliance with the Prison…”
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