S.F. 2263 Section 1. NEW SECTION . 904.517 Privacy and safety of 1 inmates in prison. 2 1. For purposes of this section: 3 a. “Changing room” means a room or area in which an 4 individual may be in a state of undress in the presence of 5 others, including a locker room or shower room. 6 b. “Correctional facility” means a correctional institution, 7 community-based correctional facility, or an institution 8 under the management of the department that is used for the 9 purpose of confinement of individuals who have committed public 10 offenses. 11 c. “Female” means an individual who has or previously had, 12 or would have but for a developmental or genetic anomaly or 13 historical accident, a reproductive system that at some point 14 produces, transports, and utilizes eggs for fertilization. 15 d. “Male” means an individual who has or previously had, 16 or would have but for a developmental or genetic anomaly or 17 historical accident, a reproductive system that at some point 18 produces, transports, and utilizes sperm for fertilization. 19 e. “Restroom” means a room that includes one or more toilets 20 or urinals. 21 f. “Sex” means an individual’s biological sex, either male 22 or female, as observed or clinically verified at birth. 23 g. “Sleeping quarter” means a room with more than one bed 24 and in which more than one individual is housed overnight. 25 2. a. Every restroom and changing room within a 26 correctional facility that is designated for the use of 27 incarcerated individuals and that is accessible by multiple 28 individuals at the same time shall be designated for use only 29 by members of one sex. 30 b. A restroom or changing room within a correctional 31 facility that is designated for one sex shall be used only by 32 members of that sex. No incarcerated individual shall enter a 33 restroom or changing room that is designated for one sex unless 34 the incarcerated individual is a member of that sex. 35 -1- LSB 5651SV (1) 90 as/js 1/ 4

S.F. 2263 c. The correctional facility shall ensure that all restrooms 1 and changing rooms provide users with privacy from members of 2 the opposite sex. 3 3. a. Each sleeping quarter within a correctional facility 4 that is designated for the use of incarcerated individuals and 5 that is accessible by multiple individuals at the same time 6 shall be designated for use only by members of one sex. 7 b. A sleeping quarter within a correctional facility that 8 is designated for one sex shall be used only by members of that 9 sex. No incarcerated individual shall be housed in a sleeping 10 quarter that is designated for one sex unless the incarcerated 11 individual is a member of that sex. 12 4. This section does not prohibit an incarcerated 13 individual from entering a restroom, changing room, or 14 sleeping quarter designated for the opposite sex for any of the 15 following circumstances: 16 a. For custodial or maintenance purposes. 17 b. To provide medical assistance. 18 c. During a natural disaster, emergency, or when necessary 19 to prevent a serious threat to good order or safety. 20 d. On a temporary basis, which shall not include overnight 21 housing, at the direction of the correctional facility. 22 5. a. An incarcerated individual who, while accessing 23 a restroom or changing room designated for use by the 24 incarcerated individual’s sex, encounters any individual of 25 the opposite sex in that restroom or changing room under a 26 circumstance not provided for in subsection 4, paragraph “b” 27 or “c” , has a private cause of action for declaratory and 28 injunctive relief against the correctional facility under 29 either of the following circumstances: 30 (1) The correctional facility gave the individual of the 31 opposite sex permission to enter a restroom or changing room of 32 the opposite sex. 33 (2) The correctional facility failed to take reasonable 34 steps to prohibit the individual of the opposite sex from 35 -2- LSB 5651SV (1) 90 as/js 2/ 4

S.F. 2263 entering the restroom or changing room of the opposite sex. 1 b. An incarcerated individual who is required by the 2 correctional facility to share sleeping quarters with an 3 individual of the opposite sex has a private cause of action 4 for declaratory and injunctive relief against the correctional 5 facility. 6 c. All civil actions brought pursuant to this section must 7 be initiated within two years after the violation occurred. 8 An individual aggrieved under this section who prevails in 9 court may recover reasonable attorney fees and costs from the 10 offending correctional facility. 11 Sec. 2. EFFECTIVE DATE. This Act, being deemed of immediate 12 importance, takes effect upon enactment. 13 EXPLANATION 14 The inclusion of this explanation does not constitute agreement with 15 the explanation’s substance by the members of the general assembly. 16 This bill relates to the privacy and safety of inmates of 17 a correctional facility, and establishes a private cause of 18 action. 19 The bill provides that every restroom and changing room 20 within a correctional facility that is designated for the use 21 of incarcerated individuals and that is accessible by multiple 22 individuals at the same time shall be designated for use only 23 by members of one sex. No incarcerated individual shall enter 24 a restroom or changing room that is designated for one sex 25 unless the incarcerated individual is a member of that sex. 26 The correctional facility must ensure that all restrooms and 27 changing rooms provide users with privacy from members of the 28 opposite sex. 29 The bill provides that each sleeping quarter within a 30 correctional facility that is designated for the use of 31 incarcerated individuals and that is accessible by multiple 32 individuals at the same time shall be designated for use only 33 by members of one sex. No incarcerated individual shall be 34 housed in a sleeping quarter that is designated for one sex 35 -3- LSB 5651SV (1) 90 as/js 3/ 4

S.F. 2263 unless the incarcerated individual is a member of that sex. 1 The bill does not apply to an incarcerated individual 2 who enters a restroom, changing room, or sleeping quarter 3 designated for the opposite sex for any of the following 4 circumstances: for custodial or maintenance purposes; 5 to provide medical assistance; during a natural disaster, 6 emergency, or when necessary to prevent a serious threat to 7 good order or safety; or on a temporary basis, which shall not 8 include overnight housing, at the direction of the correctional 9 facility. 10 The bill provides that an incarcerated individual who, while 11 accessing a restroom or changing room designated for use by the 12 incarcerated individual’s sex, encounters an individual of the 13 opposite sex in that restroom or changing room for a reason 14 not allowed under the bill, has a private cause of action for 15 declaratory and injunctive relief against the correctional 16 facility if the correctional facility gave the individual of 17 the opposite sex permission to enter a restroom or changing 18 room of the opposite sex, or if the correctional facility 19 failed to take reasonable steps to prohibit the individual of 20 the opposite sex from entering the restroom or changing room of 21 the opposite sex. 22 The bill provides that an incarcerated individual who 23 is required by the correctional facility to share sleeping 24 quarters with an individual of the opposite sex has a private 25 cause of action for declaratory and injunctive relief against 26 the correctional facility. 27 The bill provides that all civil actions brought pursuant 28 to the bill must be initiated within two years after the 29 violation occurred. An individual who prevails in court may 30 recover reasonable attorney fees and costs from the offending 31 correctional facility. 32 The bill provides definitions. 33 The bill takes effect upon enactment. 34 -4- LSB 5651SV (1) 90 as/js 4/ 4