New Hampshire

STATE

Policy: New Hampshire Department of Corrections Policy and Procedure Directive Statement No. 6.85, Standards for Treatment of Gender Dysphoria, May 2014, reviewed May 2015.

C. Housing and Facility Transfer

a. 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 NHDOC 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 and document such reasoning in writing.
b. All housing determinations shall be made in accordance with the Prison Rape Elimination Act (“PREA”) and its implementing regulations.

Policy: New Hampshire Department of Corrections Policy and Procedure Directive No. 5.19, Prison Rape Elimination Act Procedures, March 2014, reviewed March 2020.

F. Classification
. . .

9. In deciding whether to assign a transgender or intersex inmate to a facility and in making housing and program assignments, classification should consider on a case-by-case basis whether the placement will ensure the person’s health and safety, and whether the placement would present management or security problems. Placement and program assignments shall be reassessed at least twice each year to review any threats to safety experienced by the person. The person’s own views with respect to his or her own safety shall be given serious consideration.
10. Lesbian, gay, bisexual, transgender or intersex inmates shall not be placed in dedicated facilities or housing units solely on the basis of such identification or status.