28 C.F.R. § 115.42

Use of screening information

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(a) The agency shall use information from the risk screening required by § 115.41 to inform housing, bed, work, education, and program assignments with the goal of keeping separate those inmates 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 inmate.

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

(d) Placement and programming assignments for each transgender or intersex inmate shall be reassessed at least twice each year to review any threats to safety experienced by the inmate.

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

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

(g) The agency shall not place lesbian, gay, bisexual, transgender, or intersex inmates 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 inmates.

Notes of Decisions

Cited in 8 cases (6 in the last 5 years), 2015–2026 · leading case: D.G.-m. v. New Jersey Dep't of Corr. (N.J. Super. Ct. App. Div. 2024).

Sort: Relevance Newest Treatment

D.G.-m. v. New Jersey Dep't of Corr. (N.J. Super. Ct. App. Div. 2024). · cites it 2× “" 28 C.F.R. § 115.42 (c). The PAC's decision to transfer Dory out of EMCF applied the PREA, DOC Policy, and DOC Procedure, basing its decision on "whether a placement would ensure the inmate's health and safety, and whether the placement would present management or security…”

Cameron v. Menard (D. Vt. 2024). · cites it 2× “See 28 C.F.R. § 115.42 . The federal regulations require “individualized determinations about how to ensure the safety of each inmate” and require the agency to give “serious consideration” to a transgender inmate’s own views with respect to his or her safety.”

Inscoe v. Ishee (N.C. Ct. App. 2025). · cites it 2× “28 C.F.R. § 115.42 (b), (c), (e) (emphasis added).”

Monroe (S.D. Ill. 2025). · cites it 2× “Defendants express concern that the creation of a dedicated wing for class members would violate federal regulations, see 28 C.F.R. § 115.42 (g), so they are relocating non-class members from other facilities to the newly reactivated facility.”

Danny Hensley v. Heather Bossio (6th Cir. 2024). “Hensley’s father contends that the evidence was irrelevant because Conley and Bossio testified that they do not consider an inmate’s PREA classification when deciding his dorm assignment. But claims that prison officials should have protected Hensley from Bowman required…”

Campbell, Mark v. Bruce (W.D. Wis. 2019). “” 28 C.F.R. § 115.42 (f). The Wisconsin Department of Corrections’ Division of Adult Institutions (DAI) has adopted policies consistent with these regulations.”

Jane Doe v. Todd Blanche (D.C. Cir. 2026). “See 28 C.F.R. § 115.42 (c); JA308-10 (Stover First Jones Decl.”

Outman v. Annucci, 49 Misc. 3d 1129 (N.Y. Sup. Ct. 2015). “” In its determination of petitioner’s appeal, DOCCS’ Central Office Review Committee (CORC) correctly cites to the relevant section of the PREA regulations, 28 CFR 115.42 (g), which prohibits the agency from placing lesbian, gay, bisexual, transgender, or intersex inmates in…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.