The non-binary actor Ezra Miller has been charged with felony burglary in Vermont.
In the event a person who does not identify as male or female is convicted and sent to prison in Vermont, how is it decided which prison they go to (or is there a third prison for non-binary inmates)? Is there a process? It is simply automatic by birth sex? Does it matter if a US state has officially recognized the person as non-binary?
This document answers the question for Vermont. The question "which prison" is not particularly relevant, what matter is "what policies are followed". The DOC defines a reasonably rich set of distinctions, inmates are given a gender preference form at intake, and they do not treat inmates solely on the basis of their identity. There is segregation housing, and an inmate may be assigned to such housing if the facts warrant – and not solely because of their professed or perceived identify.
