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Mandating Inmate Housing Based Strictly on Biological Sex in Prisons.

This law requires federal and state prisons to house inmates solely based on their biological sex, defined by characteristics present at birth. The goal is to enhance the safety and dignity of incarcerated women by prohibiting the co-location of individuals of different biological sexes in overnight housing. States failing to comply with this strict separation rule risk losing specific federal crime control funding.
Key points
Inmates must be housed based exclusively on biological sex (chromosomes, genitalia) determined at birth.
Prohibits co-locating individuals of different biological sexes in overnight housing in federal and state detention facilities.
States must certify compliance to the Attorney General to remain eligible for certain federal crime control funds.
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Additional Information
Print number: 118_S_752
Sponsor: Sen. Cotton, Tom [R-AR]
Process start date: 2023-03-09