Bill Text: IA SF2263 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: 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.(Formerly SSB 3084.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2024-03-01 - Fiscal note. [SF2263 Detail]
Download: Iowa-2023-SF2263-Introduced.html
Senate
File
2263
-
Introduced
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
1
correctional
facility,
establishing
a
private
cause
of
2
action,
and
including
effective
date
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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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.
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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
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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
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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.
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