Section 115.42(f) states, “Transgender and intersex inmates shall be given the opportunity to shower separately from other inmates.” This standard was adopted to provide additional protections for these inmates, given the unique risks these populations face while incarcerated. The separation required by the regulation will be dependent on the layout of the facility, and may be accomplished either through physical separation (e.g., separate shower stalls) or by time-phasing or scheduling (e.g., allowing an inmate to shower before or after others). In any event, facilities should adopt procedures that will afford transgender and intersex inmates the opportunity to disrobe, shower, and dress apart from other inmates.
Standard 115.42, “Use of Screening Information,” requires that transgender inmates be allowed to shower separately. What constitutes “separate” for the purposes of complying with this standard?