Nebraska

STATE

Please note that the Nebraska Department of Correctional Services publishes Prison Rape Elimination Act (PREA) audits to its website that include summaries of certain relevant policies.  For example, please see:  Nebraska Department of Corrections Prison Rape Elimination Act (PREA) Audit Report:  Adult Prisons and Jails, Nebraska State Penitentiary, final audit date July 7, 2021.  To put in a public records request for policies related to housing transgender inmates you may email DCS.PublicRecords@nebraska.gov.

Policy: Nebraska Department of Correctional Services Policy No. 203.11, Sexual Assault/Abuse, revised July 31, 2023. (Link unavailable)

E. PREA Standard Secured Facility 115.15 a-f / Community Facilities 115.215 a-f Limit To Cross Gender Viewing And Searches

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6. NDCS will recognize the gender of an inmate based on the legal classification of that inmate as listed on their birth certificate as it is recorded on the inmate’s birth state. When a transgender inmate has been approved to change their birth certificate to reflect how the inmate identifies and the birth certificate has been changed, and the NDCS has received an official copy of the new birth certificate, the inmate may be approved to have a pat search and a safety search conducted by the appropriate team member. However, if an inmate has undergone gender transformation surgery but has not changed their gender on their birth certificate, the inmate’s reproductive organs may be a factor in NDCS gender designation of the inmate (as determined by the initial medical screening).

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Q. PREA Standard Secure Facility 115.42 a-g / Community Facility 115.242 a-g Use of Screening Information

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2. 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, NDCS shall consider on a case-by-case basis whether a placement would ensure the inmates health and safety, and whether the placement would present management or security problems.

3. Placement and programming assignments for each transgender or intersex inmate shall be reassessed at least twice each year and shall consider any threats to safety experienced by the inmate. The PREA compliance manager will also complete an in person assessment and submit a written report that will be maintained in the inmate’s file indicating a review was conducted.

4. A transgender or intersex inmate’s own view with respect to the inmate’s own safety shall be given serious consideration.

5. Transgender and intersex inmates shall be given the opportunity to shower separately from other inmates.

6. NDCS 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.

Policy: Nebraska Department of Correctional Services Policy No. 201.03, Identification of Potential Aggressors and Victims/Survivors, July 31, 2023. (Link unavailable)

I. SCREENING PROCEDURES (PREA standard Secure facilities -115.41 a-c/ Community facilities-115.241 a-c)

All inmates shall be assessed during an intake screening at reception facilities and upon each transfer to another facility for their risk of being sexually  assaulted, sexually abused or sexually harassed by other inmates and/or their potential to be sexually abusive or sexually harassing toward other inmates. This screening shall take place within 72 hours of arrival at the facility and be conducted using an objective screening instrument. NDCS shall implement appropriate controls on the dissemination of this information within facilities in order to ensure sensitive information is not exploited to an inmate’s detriment by staff or other inmates.

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VI. USE OF SCREENING INFORMATION PREA ASSESSMENT (PREA Standard Secure Facility 115.42 a-g / Community Facility 115.242 a-g Use of Screening Information (PREA Assessment)

A. Facilities will utilize information from the PREA screening assessment to inform housing, bed, work, education and program assignments with the goal of keeping those inmates who are at high risk of being sexually victimized from those who are at high risk of being sexually abusive. The institution’s physical plant, staffing levels, size, and number of programs and services, as well as activity schedules, will determine the extent to which separation is possible or contacts minimized. Computer tracking of high-risk inmates within an institution may be utilized. Facilities will make individualized determinations about how to ensure the safety of each inmate. (ACI-3D-10, ACI-3D-12)

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

C. Placement and programming assignments for each transgender or intersex individual shall be reassessed at least twice each year with a new PREA screening assessment completed and shall consider any threats to safety experienced by the inmate. The PREA Compliance Manager will also complete an in-person assessment and submit a written report that will be maintained in the individuals file indicating a review was conducted.

D. A transgender or intersex individuals own views with respect to the inmate’s own safety shall be given serious consideration.

E. Transgender and intersex individuals shall be given the opportunity to shower separately from other inmates.

F. NDCS shall not place lesbian, gay, bisexual, transgender or intersex individuals 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 individuals.

Additional Policies: 

Nebraska Department of Correctional Services Policy No. 010.08, Transfer Order, revised Dec. 31, 2022. (Link unavailable)