Section 64-13-7 - Individuals in custody(1) As used in this section: (a) "Biological sex at birth" means the same as that term is defined in Section 26B-8-101.(b) "Correctional facility" means the same as that term is defined in Section 77-16b-102.(c) "Criminogenic factor" means a personal trait, condition, outside influence, or societal factor that tends to increase an inmate's likelihood of committing a criminal offense.(d)(i) "Living area" means a location within a correctional facility where an inmate is assigned to sleep, recreate, study, or interact with other inmates.(ii) "Living area" does not include a location within a correctional facility where an inmate is temporarily placed by staff of the correctional facility to facilitate transfers, visitation, medical care, or other needs of the correctional facility or inmate.(e) "Transgender inmate" means an inmate whose gender identity or expression does not correspond with the inmate's biological sex at birth.(2) An offender committed for incarceration in a state correctional facility or for supervision on probation or parole, shall be placed in the custody of the department.(3) The department shall establish procedures and is responsible for the appropriate assignment or transfer of an offender to a facility or program.(4) Subject to Subsection (5), the department or a county jail may not:(a) assign an inmate whose biological sex at birth is male to a living area where an inmate whose biological sex at birth is female is assigned; or(b) assign an inmate whose biological sex at birth is female to a living area where an inmate whose biological sex at birth is male is assigned.(5)(a) Upon a request from a transgender inmate to be assigned to a living area with inmates whose biological sex at birth do not correspond with the transgender inmate's biological sex at birth, or if the department or a county jail seeks to assign a transgender inmate to a living area with inmates whose biological sex at birth do not correspond with the transgender inmate's biological sex at birth, the department or a county jail shall undertake an individualized security analysis considering criminogenic and other factors including: (i) the transgender inmate's anatomy which may be verified through a conversation with the transgender inmate, reviewing the transgender inmate's medical records, routine protocols applicable to all inmates, or as part of a broader medical examination of the transgender inmate conducted in private by a medical professional if necessary;(ii) the physical characteristics of the transgender inmate;(iii) the transgender inmate's criminal history, including whether the transgender inmate has displayed predatory behavior against individuals whose biological sex at birth do not correspond with the transgender inmate's biological sex at birth;(iv) the history of the transgender inmate's behavior while in the department's or a county jail's custody;(v) the likelihood of the transgender inmate causing physical or psychological harm to, or committing offenses against, inmates in the requested living area whose biological sex at birth do not correspond with the transgender inmate's biological sex at birth;(vi) the safety of correctional facility staff if the transgender inmate were to be assigned to the requested living area;(vii) an analysis of whether the transgender inmate has a history or pattern of:(A) anti-social attitudes or behaviors;(B) interacting with peers who display anti-social attitudes or behaviors;(C) negative family issues or influence;(D) a lack of achievement in education and employment;(E) not participating in pro-social leisure activities; or(viii) whether the requested living area assignment would:(A) ensure the transgender inmate's health and safety; and(B) assist the transgender inmate in successfully reentering the community; and(ix) any other factor determined to be relevant by the executive director or a county sheriff.(b) The department or a county jail may assign a transgender inmate to a living area with inmates whose biological sex at birth do not correspond with the transgender inmate's biological sex at birth only if:(i) the department or a county jail determines, after undertaking the individualized security analysis described in Subsection (5)(a), that the assignment presents a low risk of causing: (A) any physical or psychological harm to an inmate who resides in or will reside in the living area, the correctional facility staff that manage the living area, or the transgender inmate;(B) disruption to correctional facility management; and(C) overall security issues; and(ii) there is no evidence that the transgender inmate is claiming a gender identity or expression that does not correspond with the inmate's biological sex at birth solely for the purpose of altering the inmate's living area assignment.(6) If the department or a county jail, after complying with Subsection (5), assigns a transgender inmate to a living area with inmates whose biological sex at birth do not correspond with the transgender inmate's biological sex at birth, the department or a county jail shall: (a)(i) undertake the security analysis described in Subsection (5)(a) after a security incident involving the transgender inmate and at regular intervals determined by the executive director or a county sheriff to ensure that the assignment continues to meet the conditions described in Subsection (5)(b); and(ii) if the analysis conducted in Subsection (6)(a) demonstrates that the assignment no longer meets the conditions described in Subsection (5)(b), assign the transgender inmate to a living area with inmates whose biological sex at birth corresponds with the transgender inmate's biological sex at birth; and(b) comply with the reporting requirements described in Subsections 64-13-45(2)(d) and (e).Amended by Chapter TBD, 2024 General Session ,§ 2, eff. 5/1/2024.Amended by Chapter 243, 2016 General Session ,§ 5, eff. 5/10/2016.Amended by Chapter 116, 1987 General Session