Connecticut
STATE
Policy: State Law CGS § 46a-71, effective Oct. 1, 2022.
Sec. 46a-71. (Formerly Sec. 4-61d). Discriminatory practices by state agencies prohibited.
(a) All services of every state agency shall be performed without discrimination based upon race, color, religious creed, sex, gender identity or expression, marital status, age, national origin, ancestry, intellectual disability, mental disability, learning disability, physical disability, including, but not limited to, blindness, status as a veteran or status as a victim of domestic violence.
(b) No state facility may be used in the furtherance of any discrimination, nor may any state agency become a party to any agreement, arrangement or plan which has the effect of sanctioning discrimination.
(c) Each state agency shall analyze all of its operations to ascertain possible instances of noncompliance with the policy of sections 46a-70 to 46a-78, inclusive, and shall initiate comprehensive programs to remedy any defect found to exist.
(d) Every state contract or subcontract for construction on public buildings or for other public work or for goods and services shall conform to the intent of section 4a-60.
Policy: State Law CGS § 46a-51, effective date July 1, 2023.
(21) “Gender identity or expression” means a person’s gender-related identity, appearance or behavior, whether or not that gender-related identity, appearance or behavior is different from that traditionally associated with the person’s physiology or assigned sex at birth, which gender-related identity can be shown by providing evidence including, but not limited to, medical history, care or treatment of the gender-related identity, consistent and uniform assertion of the gender-related identity or any other evidence that the gender-related identity is sincerely held, part of a person’s core identity or not being asserted for an improper purpose.
Sec. 18-81ii. Care and treatment of inmate with a gender identity differing from assigned sex at birth and a diagnosis of gender dysphoria. Placement of inmate in correctional institution with inmates of the gender consistent with the inmate’s gender identity.
Any inmate of a correctional institution, as described in section 18-78, who has a gender identity that differs from the inmate’s assigned sex at birth and has a diagnosis of gender dysphoria, as set forth in the most recent edition of the American Psychiatric Association’s “Diagnostic and Statistical Manual of Mental Disorders”, shall: (1) Be addressed by correctional staff in a manner that is consistent with the inmate’s gender identity, (2) have access to commissary items, clothing, personal property, programming and educational materials that are consistent with the inmate’s gender identity, and (3) have the right to be searched by a correctional staff member of the same gender identity, unless the inmate requests otherwise or under exigent circumstances. An inmate who has a birth certificate, passport or driver’s license that reflects his or her gender identity or who can meet established standards for obtaining such a document to confirm the inmate’s gender identity shall presumptively be placed in a correctional institution with inmates of the gender consistent with the inmate’s gender identity. Such presumptive placement may be overcome by a demonstration by the Commissioner of Correction, or the commissioner’s designee, that the placement would present significant safety, management or security problems. In making determinations pursuant to this section, the inmate’s views with respect to his or her safety shall be given serious consideration by the Commissioner of Correction, or the commissioner’s designee.
Sec. 305. Section 18-81ii of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2024):
Any inmate of a correctional institution, as described in section 18-78, who has a gender identity that differs from the inmate’s assigned sex at birth and has a diagnosis of gender dysphoria, as set forth in the most recent edition of the American Psychiatric Association’s “Diagnostic and Statistical Manual of Mental Disorders” or gender incongruence, as defined in the most recent revision of the “International Statistical Classification of Diseases and Related Health Problems”, shall: (1) Be addressed by correctional staff in a manner that is consistent with the inmate’s gender identity, (2) have access to commissary items, clothing, personal property, programming and educational materials that are consistent with the inmate’s gender identity, and (3) have the right to be searched by a correctional staff member of the same gender identity, unless the inmate requests otherwise or under exigent circumstances. An inmate who has a birth certificate, passport or driver’s license that reflects his or her gender identity or who can meet established standards for obtaining such a document to confirm the inmate’s gender identity shall presumptively be placed in a correctional institution with inmates of the gender consistent with the inmate’s gender identity. Such presumptive placement may be overcome by a demonstration by the Commissioner of Correction, or the commissioner’s designee, that the placement would present significant safety, management or security problems. In making determinations pursuant to this section, the inmate’s views with respect to his or her safety shall be given serious consideration by the Commissioner of Correction, or the commissioner’s designee.
4. Intake Screening. Upon intake to the CTDOC, an inmate who identifies as or is known to identify as gender non-conforming, or having an intersex condition will be assessed for placement. This initial assessment, by custody, will be based on the safety and security of the inmate, inmate population and staff at the respective facility. If this assessment can be completed prior to entry into the DOC as a new intake, the sending agency can transport the inmate to the appropriate facility. In [SIC] the intake facility receives an inmate believed to be intersex or gender non-conforming without forewarning from the Judicial Marshalls, other Law Enforcement Agency, or other sources, the receiving facility shall accept the inmate and the Unit Administrator will notify the appropriate District Administrator and a CN 81701, Referral for Gender Assessment will be initiated by the custody staff completing the PREA screen or the staff person to whom the inmate discloses as being gender non-conforming or as having an intersex condition and submitted to the unit supervisor for completion. The unit supervisor shall complete the referral form and submit to the Unit Administrator. The Unit Administrator shall forward within seventy-two hours of receipt to the CTDOC Chief Mental Health Officer or designee.
a. Upon receipt of the inmate at the designated DOC facility, the inmate will be secured in a cell with no other inmates until processed by custody and assessed by medical in accordance with Administrative Directive 9.3, Admission, Transfers and Discharges, and Administrative Directive 8.1, Scope of Health Services. The inmate shall not be medically or physically examined for the sole purpose of identifying the inmate’s gender. In the event the inmate’s status this has not been previously determined by the sending agency for appropriate housing/facility, the inmate will be housed separately based on classification needs, safety and security, and other risk needs until the Gender Non-Conforming Review Committee (GNCRC) is consulted.
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i. During orientation phase, or until the appropriate facility has been determined, the current facility housing the inmate shall:
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3. Determine the preferred gender of the officer who will conduct pat and/or strip searches.
a. In making this determination, the facility shall take into account the inmate’s gender preference, facility needs, and safety and security.
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4. Determine programming and housing assignments based on the facility’s PREA Compliance Manager’s recommendations.
a. Upon completion of the Gender Dysphoria Assessment or for other custodial reasons, programming and housing assignments may change.
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5. Identification and Diagnosis of Inmates with Gender Dysphoria and/or Intersex related conditions. Upon admission to the CTDOC, or at any other time during an inmate’s incarceration, if the inmate either self-identifies as being gender non-conforming or is referred as possibly having Gender Dysphoria, a CN 81701, Gender Non-Conforming Referral Form shall be initiated by the staff person whom the inmate discloses such information or by any staff member that wants an inmate evaluated for Gender Dysphoria.
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b. Upon receipt of the CN 81701, Gender Non-Conforming Referral Form, the CTDOC Chief Mental Health Officer or designee shall schedule a face to face interview with the inmate. The interview shall occur within ten (10) business days from the receipt of the CN 81701, Gender Non-conforming Referral Form. The purpose of the interview is to assess and determine if the inmate meets the criteria outlined in the DSM-V for a diagnosis of Gender Dysphoria. All inmates who meet the DSM V criteria for Gender Dysphoria will be referred to a licensed physician or APRN and facility psychologist for an evaluation to discuss possible medical and psychological interventions.
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d. If the identified inmate does not meet DSM-V criteria for a diagnosis for Gender Dysphoria following the initial interview, a qualified mental health clinician within the CTDOC Health and Addiction Services Unit who was not involved in the initial interview of the inmate, will conduct a secondary interview within five (5) business days of the initial interview.
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6. Gender Non-Conforming Review Committee (GNCRC) The Gender Non-Conforming Review Committee (GNCRC) is a multi-disciplinary group that shall provide recommendations regarding custodial management as it relates to inmates identifying as gender non-conforming and/or who have an intersex condition.
D. Transgender and Intersex Inmates. 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 Department 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. Placement and programming assignments for each transgender or intersex inmate shall be reassessed at least twice each year by the unit counselor to review any threats to safety experienced by the inmate. The results of the review shall be documented on the inmate classification history form in section 5 of the inmate master file. A transgender or intersex inmate’s own views with respect to his or her own safety shall be given serious consideration. Transgender and intersex inmates shall be given the opportunity to shower separately from other inmates. The Department 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 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.