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?

  • 3
    I wish that any downvoters would leave a comment indicting what they think is wrong with this question. In the absence of a comment, the poster cannot improve the post, others cannot edit it to fix the issue, and readers have no idea why someone objects to the post. Such a downvote seems pointless. Commented Aug 16, 2022 at 17:25
  • I rather suspect that the authorities will use either birth sex or current physiological sex, that is the state o the genital organs, but I cannot confirm this. Commented Aug 16, 2022 at 17:27
  • 2
    I would hope the authorities check which place reduces the risk for the prisoner and for other inmates, then check with the prisoner if they agree, and in case of agreement everything is fine. In case of disagreement, heaven knows. And I can see nothing wrong with the question, which is probably of personal interest to hundreds of people or more.
    – gnasher729
    Commented Aug 16, 2022 at 18:17
  • 1
  • 1
    I've provided some general and specific links especially the official policy that someone else could use but don't have time to write a proper answer. There is lots of easy to find with a google search information on point.
    – ohwilleke
    Commented Aug 16, 2022 at 19:02

1 Answer 1


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.

You must log in to answer this question.

Not the answer you're looking for? Browse other questions tagged .