SF 2263 (LSB 5651SV (1) 90)

SENATE FILE 2263

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO SSB 3084)

A BILL FOR

An Act relating to the privacy and safety of inmates of a correctional facility, establishing a private cause of action, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  904.517  Privacy and safety of inmates in prison.
   1.  For purposes of this section:
   a.  “Changing room” means a room or area in which an individual may be in a state of undress in the presence of others, including a locker room or shower room.
   b.  “Correctional facility” means a correctional institution, community-based correctional facility, or an institution under the management of the department that is used for the purpose of confinement of individuals who have committed public offenses.
   c.  “Female” means an individual who has or previously had, or would have but for a developmental or genetic anomaly or historical accident, a reproductive system that at some point produces, transports, and utilizes eggs for fertilization.
   d.  “Male” means an individual who has or previously had, or would have but for a developmental or genetic anomaly or historical accident, a reproductive system that at some point produces, transports, and utilizes sperm for fertilization.
   e.  “Restroom” means a room that includes one or more toilets or urinals.
   f.  “Sex” means an individual’s biological sex, either male or female, as observed or clinically verified at birth.
   g.  “Sleeping quarter” means a room with more than one bed and in which more than one individual is housed overnight.
   2.  a.  Every restroom and changing room within a correctional facility that is designated for the use of incarcerated individuals and that is accessible by multiple individuals at the same time shall be designated for use only by members of one sex.
   b.  A restroom or changing room within a correctional facility that is designated for one sex shall be used only by members of that sex. No incarcerated individual shall enter a restroom or changing room that is designated for one sex unless the incarcerated individual is a member of that sex.
   c.  The correctional facility shall ensure that all restrooms and changing rooms provide users with privacy from members of the opposite sex.
   3.  a.  Each sleeping quarter within a correctional facility that is designated for the use of incarcerated individuals and that is accessible by multiple individuals at the same time shall be designated for use only by members of one sex.
   b.  A sleeping quarter within a correctional facility that is designated for one sex shall be used only by members of that sex. No incarcerated individual shall be housed in a sleeping quarter that is designated for one sex unless the incarcerated individual is a member of that sex.
   4.  This section does not prohibit an incarcerated individual from entering a restroom, changing room, or sleeping quarter designated for the opposite sex for any of the following circumstances:
   a.  For custodial or maintenance purposes.
   b.  To provide medical assistance.
   c.  During a natural disaster, emergency, or when necessary to prevent a serious threat to good order or safety.
   d.  On a temporary basis, which shall not include overnight housing, at the direction of the correctional facility.
   5.  a.  An incarcerated individual who, while accessing a restroom or changing room designated for use by the incarcerated individual’s sex, encounters any individual of the opposite sex in that restroom or changing room under a circumstance not provided for in subsection 4, paragraph “b” or “c”, has a private cause of action for declaratory and injunctive relief against the correctional facility under either of the following circumstances:
   (1)  The correctional facility gave the individual of the opposite sex permission to enter a restroom or changing room of the opposite sex.
   (2)  The correctional facility failed to take reasonable steps to prohibit the individual of the opposite sex from entering the restroom or changing room of the opposite sex.
   b.  An incarcerated individual who is required by the correctional facility to share sleeping quarters with an individual of the opposite sex has a private cause of action for declaratory and injunctive relief against the correctional facility.
   c.  All civil actions brought pursuant to this section must be initiated within two years after the violation occurred. An individual aggrieved under this section who prevails in court may recover reasonable attorney fees and costs from the offending correctional facility.
    Sec. 2.  EFFECTIVE DATE.  This Act, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the privacy and safety of inmates of a correctional facility, and establishes a private cause of action.
   The bill provides that every restroom and changing room within a correctional facility that is designated for the use of incarcerated individuals and that is accessible by multiple individuals at the same time shall be designated for use only by members of one sex. No incarcerated individual shall enter a restroom or changing room that is designated for one sex unless the incarcerated individual is a member of that sex. The correctional facility must ensure that all restrooms and changing rooms provide users with privacy from members of the opposite sex.
   The bill provides that each sleeping quarter within a correctional facility that is designated for the use of incarcerated individuals and that is accessible by multiple individuals at the same time shall be designated for use only by members of one sex. No incarcerated individual shall be housed in a sleeping quarter that is designated for one sex unless the incarcerated individual is a member of that sex.
   The bill does not apply to an incarcerated individual who enters a restroom, changing room, or sleeping quarter designated for the opposite sex for any of the following circumstances: for custodial or maintenance purposes; to provide medical assistance; during a natural disaster, emergency, or when necessary to prevent a serious threat to good order or safety; or on a temporary basis, which shall not include overnight housing, at the direction of the correctional facility.
   The bill provides that an incarcerated individual who, while accessing a restroom or changing room designated for use by the incarcerated individual’s sex, encounters an individual of the opposite sex in that restroom or changing room for a reason not allowed under the bill, has a private cause of action for declaratory and injunctive relief against the correctional facility if the correctional facility gave the individual of the opposite sex permission to enter a restroom or changing room of the opposite sex, or if the correctional facility failed to take reasonable steps to prohibit the individual of the opposite sex from entering the restroom or changing room of the opposite sex.
   The bill provides that an incarcerated individual who is required by the correctional facility to share sleeping quarters with an individual of the opposite sex has a private cause of action for declaratory and injunctive relief against the correctional facility.
   The bill provides that all civil actions brought pursuant to the bill must be initiated within two years after the violation occurred. An individual who prevails in court may recover reasonable attorney fees and costs from the offending correctional facility.
   The bill provides definitions.
   The bill takes effect upon enactment.