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19-02 - Non-Binary Gender Classification for State Documents


19-03 - Immigration and Customs Enforcement Agents, Detainers, and Station Jails
18-14 - 2019 Legislative Update

NON-BINARY GENDER CLASSIFICATION FOR STATE DOCUMENTS

Effective January 1, 2019, Senate Bill 179 amended Code of Civil Procedures section 1277 allowing a person to identify their gender as male (M), female (F) or non-binary (X) on all California state issued identification documents (driver license, identification card, birth certificate, etc.) 

The Department is in the process of modifying its various computer systems to recognize this new gender type. 

Until the computer systems modifications are complete, Department personnel that are documenting the gender type of an individual who requests to be identified as non-binary, should use male (M) or female (F) based on the persons previously documented gender classification or current appearance.  Furthermore, Department personnel should document in the first paragraph of the narrative (if applicable) as to the reasoning behind the classification being used and that the individual prefers being identified as non-binary (X). 

Department-wide notifications will be made as applicable computer systems are modified to accept the data entry of “X” for gender.

A male (M), female (F) or non-binary (X) can be used in the gender field of a citation.

An inquiry of a subject using the California Law Enforcement Telecommunications database may be conducted using an “X” in the gender field.  The use of an “X” conducts inquiries for all three gender types.

This new classification does not affect suspect descriptions.  A suspect’s gender appearance should be used for crime broadcasts, Sheriff’s Automated Contact and Reporting (SACR) system entries, and witness or suspect statements.

Current standards for classification of inmates for housing purposes still apply.

See Custody Division Manual section 5-02/050.00, Classification, Screening, and Housing of Gay, Lesbian, Bisexual, Gender Non-Conforming, Intersex, and Transgender Inmates for additional information.  

In spite of the fact this law only applies to state issued identification, Department members shall make every effort to accommodate a person’s gender preference with professionalism and respect per Manual of Policies and Procedures section 5-09/560.00, Interactions with Transgender and Gender Non-Conforming Persons. 

If you have any questions regarding the content of this newsletter, please call or email Field Operations Support Services, at [REDACTED TEXT]