By Guy Page
A group of Vermont state representatives has introduced H.550, a bill designed to establish comprehensive standards for the intake, classification, and housing of transgender, nonbinary, and intersex individuals within the Department of Corrections (DOC).
The bill has been discussed this month in House Human Services Committee. The Vermont Department of Corrections today filed testimony cautioning against deferring too much to the preferences of the inmate.
The bill, sponsored by Representatives Troy Headrick (I-Burlington), Tiff Bluemle (D-Burlington), Conor Casey (D-Montpelier), and others, seeks to address what it describes as “barriers to gender transition or recognition” often found in correctional environments.
One of the most significant changes proposed by H.550 is the requirement that inmates be housed in facilities based on their own preference. Under the bill, an inmate could choose to be placed in a facility designated for men or women, including residential treatment programs.
The bill further mandates that:
• Inmates must be addressed in a manner consistent with their gender identity.
• Lawful searches must follow the policy of the inmate’s gender identity or their preference, rather than solely the designation of the facility.
• The Department must give “serious consideration” to an inmate’s perception of their own health and safety when making bed assignments or programming decisions. This includes potential accommodations such as single-cell status or allowing an inmate to choose their own cellmate.
The DOC would be prohibited from denying housing or search preferences based on what the bill calls discriminatory reasons, such as an inmate’s anatomy, genitalia, or sexual orientation. If a preference is denied, the Department must provide a written certification detailing a specific and articulable basis for the decision.
In testimony filed Wednesday February 25, the Vermont Department of Corrections cited “concerns with deferring entirely to incarcerated individual’s preference” regarding searching and facility placement. It also said that guaranteeing single cell placement is difficult to achieve as a practical matter.
Medical Care and Identity at Intake
H.550 also proposes strict protocols for the intake process. Upon admission, staff would be required to ask inmates in a private setting to specify their gender identity, whether they identify as transgender or nonbinary, and their preferred pronouns and honorifics. Inmates cannot be disciplined for refusing to provide this information.
Once a preference is established, Department staff, contractors, and volunteers are prohibited from consistently failing to use the specified pronouns and honorifics in verbal or written communications.
Regarding healthcare, the bill requires the DOC to use “best efforts” to identify culturally competent licensed health care providers. It defines “medically necessary” care as services that are informed by the unique needs of the individual and generally accepted medical evidence to prevent the worsening of health conditions.
Next Steps
The bill clarifies that if an inmate raises safety concerns at any point during their incarceration, their housing and placement must be reassessed. If passed, the act is slated to take effect on July 1, 2026.