Policy Text
Copyright Lexipol, LLC 2025/12/1 9, All Rights Reserved.
Published with permission by Santa Clara County Office of the
Sheriff LGBTQI+ Incarcerated Persons - 1 Santa Clara County Office of the Sheriff
Custody Policy Manual
LGBTQI+ Incarcerated Persons
531.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines to Santa Clara County Office of the Sheriff
Custody Bureau staff on their responsibilities regarding the identification of Lesbian, Gay,
Bisexual, Transgender, Queer/Questioning, and Intersex (LGBTQI+) in carcerated persons, the
Statement of Preference Form, searches, housing, services, and medical and mental health care.
531.1.1 DEFINITIONS
Bisexual – Individuals who are sexually and emotionally attracted to men and women.
Gay – Men who are sexually and emotionally attracted to men.
Gender – The social construct used to classify an individual as a man, woman, both, or neither.
Gender can encompass all relational aspects of social identity, psychological identity, and human
behavior.
Gender Identity – An individual's internal, personal sense of their own gender as male, female,
both, or neither, regardless of the individual's sex assigned at birth.
Gender Expression – The external appearance of an individual's gender identity, usually
communicated to others by an individual's appearance, identity or behavior, regardless of the
individual's sex assigned at birth.
Gender Nonconforming – An individual whose appearance or manner does not conform to
traditional societal gender expectations (28 CFR 115.5).
Intersex – An individual whose sexual or reproductive anatomy or chromosomal pattern does not
seem to fit typical definitions of male or female. Intersex medical conditions are sometimes
referred to as disorders of sex development (28 CFR 115.5).
Lesbian – Women who are sexually and emotionally attracted to women.
Non-binary – Refers to gender identities that exist outside the traditional male and female binary.
A non -binary individual may identify with aspects of both male and female genders, neither, or a
different gender altogether.
Queer – A term used by an individual to describe themself and/or their community. Typically, an
individual who identifies as queer does not have a sexual orientation that is exclusively
heterosexual. Some individuals use the term queer (or genderqueer) to describe their gender
identity or expression. "Queer" has historically been a pejorative term and due to its varying
meanings, it should only be used when self-identifying or quoting someone who identifies as queer.
Questioning – A term used to describe an individual who is in the process of discovery and
exploration about their sexual orientation, gender identity, and/or gender expression.
Sex Assigned at Birth – In the United States, individuals are assigned a "female" or "male" sex
at birth, based on a physician or other medical professional's perception of external anatomy. Policy
531
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Santa Clara County Office of the Sheriff
Custody Policy Manual
LGBTQI+ Incarcerated Persons
Copyright Lexipol, LLC 2025/12/1 9, All Rights Reserved.
Published with permission by Santa Clara County Office of the
Sheriff LGBTQI+ Incarcerated Persons - 2
Transgender – An individual whose gender identity is different from the individual's sex assigned
at birth (28 CFR 115.5).
531.2 POLICY
It is the policy of the Sheriff's Office to receive, evaluate, house, and provide a secure, safe, and
humane custody environment for all incarcerated persons, including those who identify as
LGBTQI+.
531.3 CUSTODY BUREAU STAFF RESPONSIBILITIES
(a) Treat all incarcerated persons with respect, maintain professional and positive
interactions, and use respectful communication with incarcerated persons.
(b) Shall not use racist, ethnocentric, sexist, homophobic, transphobic, or other
derogatory language towards an incarcerated person.
(c) Shall not discriminate against any incarcerated person based upon their actual or
perceived sexual orientation or gender identity.
(d) Interactions with LGBTQI+ incarcerated persons shall be conducted in a confidential,
professional, and respectable manner, and in the least intrusive manner possible,
consistent with security needs.
(e) Shall address transgender and intersex incarcerated persons using correct names
and pronouns as indicated on the Statement of Preference Form (Form 10636 -E) and
recorded in Sheriff's Office databases.
(f) Shall not disclose to non -involved persons, an individual's LGBTQI+ status. A need -
to-know basis should guide decisions about disclosure.
(g) Custody Bureau staff who are found to engage in incarcerated person abuse or do not
follow the guidelines addressed in this policy may be subject to disciplinary action.
531.4 IDENTIFICATION OF LGBTQI+ INCARCERATED PERSONS
LGBTQI+ incarcerated persons will be identified at any time while in custody according to the
following:
(a) Identifying LGBTQI+ Incarcerated Persons
1. Incarcerated person self -reports
2. Incarcerated person's appearance