West Virginia

STATE

Policy: State of West Virginia Department of Corrections and Rehabilitation Policy Directive No. 430.00, Prison Rape Elimination Act (PREA) Compliance, effective Oct. 7, 2022.

I. The PREA screening assessments information shall be used to make decisions regarding housing, bed, work, education, and program assignments . . . The facility shall make individualized determinations about how to ensure the safety of each offender. (115.42 (a) (b)) (115.68)
. . .
L. All staff, volunteers, and contractors will communicate with, treat, and talk about any offender who is LGBTI, or perceived to be LGBTI, in a professional and respectful manner. Placement and programming assignments for each transgender or intersex offender shall be reassessed twice a year. Staff will take into consideration the facility population, staffing patterns, physical layouts and legal requirements. LGBTI offenders will not be placed in dedicated facilities or units solely based on such identification or status. A transgender or intersex offender’s own views with respect to his or her own safety shall be given serious consideration. Transgender and intersex offenders shall be given the opportunity to shower separately from other offenders. (115.42 (d) (e) (f) (g))

Policy: State of West Virginia Department of Corrections and Rehabilitation Policy Directive No. 411.00, Gender Nonconforming Inmates/Residents, dated Feb. 1, 2020.

II. Facility and housing assignments of transgender and intersex inmates/residents shall be made on a case-by-case basis.

A. Consideration shall be given to the inmate’s/resident’s health and safety as well as potential programming, management and security concerns. An inmate’s/resident’s own views regarding safety shall be given serious consideration.
B. Facility and housing assignments shall be reassessed at a minimum of every six (6) months to review any threats to safety experienced by the inmate/resident.
C. Placement may occur at any DCR Facility, in General Population, and in most cases a single cell is not necessary.
D. Inmates/residents who have completed sexual reassignment surgery prior to incarceration shall be placed in a facility after the Superintended/designee consults with the Transgender Committee.
E. For the purposes of facility placement, self-inflicted genital mutilation does not constitute sexual reassignment surgery and does not qualify an inmate/resident for placement in a different facility.
F. Transgender and gender dysphoria inmates/residents shall not be placed in Restrictive Housing based on their gender identity alone, nor shall all gender nonconforming inmates/residents be housed together in housing units or facilities in an attempt to keep separate from other inmates/residents.