Chapter 5 – Adult Custody and Security Operations

52050.16.7 Unclothed and Clothed Body Searches of Transgender or Intersex Inmates

• In the event that there is an individual going through Receiving and Release (R&RReceiving and Release) who self-identifies as transgender or self-identifies with a gender that seems not to match their biological sex, the search will be conducted by staff of the same biological sex as the inmate to be searched.

• In the event that an individual’s genital status is ambiguous, the search shall be conducted by a staff member that is the same biological sex as indicated in the inmate’s records. (i.e., paperwork indicates male, inmate will be searched by a male staff member).

• If staff are unable to determine the genital status through medical records or an interview with the inmate, the inmate shall be placed on single-cell status or in administrative segregation for his/her safety, until the standard intake medical evaluation is completed. This standard medical examination will establish the genital status of the inmate. Once the information is collected and documented on the CDCRCalifornia Department of Corrections and Rehabilitation Form 128-C3, the Institution Classification Committee should determine appropriate classification and housing placement.

• Many inmates consider their sexual orientation and gender identity to be private information, and the widespread knowledge of this information could impact the safety and well-being of sexual minorities such as lesbian, gay, bisexual, transgender and intersex (LGBTI) inmates. This information is considered sensitive and should be handled in a confidential manner. The information should only be communicated to staff when there is a justified “Need to Know.” This information should never be communicated to other offenders. This will protect the rights and safety of the involved inmate.