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  • NV Transgender Housing Policies

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    NV Transgender Housing Policies

    NV Transgender Housing Policies

    May 19, 2022

    Nevada

    STATE

    Policy: Nevada Department Of Corrections Administrative Regulation 573, Prison Rape Elimination Act Screening and Classification, effective March 1, 2018.

    573.01 PREA SCREENING AND CLASSIFICATION

    1. All inmates shall be assessed, during intake and upon transfer to another facility, for their risk of being sexually abused by other inmates or sexually abusive toward other inmates in
    accordance with federal PREA standards.

    A. Initial screening should take place as soon as possible, but shall be completed within 72-hours of arrival at an institution or facility.
    C. Transgender/lntersex inmates will be reassessed every six (6) months for placement and programming needs.
    . . .

    573.02 INSTITUTIONAL PLACEMENT BASED ON GENDER IDENTITY

    1. In deciding whether to assign a transgender or intersex inmate to a facility/institution 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 risks. Reference should also be made to Administrative Regulation 494. the following factors will be taken into account for housing and programming:

    a. A transgender or intersex’s own views with respect to his or her own safety;
    b. Transgender or intersex inmates shall be given the opportunity to shower separately from other inmates; and
    c. Lesbian, gay, bisexual, transgender, or intersex inmates will not be placed in dedicated facilities, units, or wings solely on the basis of such identification or status.

    2. A classification review committee consisting of a certified medical/mental health practitioner, Inspector General’s Office, PREA management team member, and a designated staff member from Offender Management will determine appropriate institutional placement of a transgender or intersex inmate based on the review.

    a. The classification review committee will conduct an individual assessment based upon their specific area of expertise, knowledge, and control.

    Policy: S.B. 153, 82nd (2023) Session, signed into law May 31, 2023. 

    Sec. 6. The Director [of the Department of Corrections] shall, with the approval of the Board [of State Prison Commissioners], adopt regulations prescribing standards in each institution and facility of the Department for the supervision, custody, care, security, housing and medical and mental health treatment of offenders who are transgender, gender non-conforming, gender non-binary and intersex. The regulations must:

    1. Apply the generally accepted standards of care and best practices for the supervision, custody, care, security, housing and medical and mental health treatment of offenders who are transgender, gender non-conforming, gender non-binary and intersex;

    . . . 

    Sec. 9. The Director of the Department of Corrections shall, on or before January 1, 2024, adopt any regulations which are required by or necessary to carry out the provisions of this act.

    Additional Policies:

    Nevada Department Of Corrections Administrative Regulation 494, Transgender and Intersex Inmates, effective Feb. 5, 2020.

    Nevada Department of Corrections Doc. No. 121, Gender Dysphoria, effective Oct. 2018, reviewed Oct. 9, 2019.

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