2606.
An individual incarcerated by the Department of Corrections and Rehabilitation who has a gender identity that differs from their sex assigned at birth, with or without a diagnosis of gender dysphoria or any other physical or mental health diagnosis, and regardless of anatomy, shall be:(a) Addressed in a manner consistent with the incarcerated individual’s gender identity.
(b) If lawfully searched, searched by an officer of the gender identity of the incarcerated individual’s preference. If the incarcerated individual’s preference or gender identity cannot be determined, the search shall be conducted by an officer whose gender identity is female.
(c) Housed at a correctional facility designated for men or women consistent with the incarcerated individual’s gender identity, unless the incarcerated individual’s perception of their own health and safety needs requires a different placement, in which case the person shall be housed in accordance with their stated health and safety needs.
(d) (1) Placement in housing within a facility, for example, single cell, double cell, dorm, protective custody, or general population, shall be based on the incarcerated individual’s perception of health and safety except as provided in paragraph (2).
(2) If there are significant security or management concerns with placing an incarcerated individual within a facility based on the individual’s perception of health and safety, the Secretary of the Department of Corrections and Rehabilitation, or the
secretary’s designee, shall certify in writing a specific and articulable basis as to why a particular placement would present significant security or management concerns prior to housing the incarcerated individual in a manner contrary to the person’s perception of health and safety.
(e) If an incarcerated individual raises concerns for their health or safety at any time, their housing and placement shall be reassessed.