Text of MS SB 2364 (2025)

MISSISSIPPI LEGISLATURE 2025 Regular Session To: Corrections By: Senator(s) England Senate Bill 2364 AN ACT TO DEFINE CERTAIN TERMS RELATING TO THE SAFETY AND PRIVACY OF FEMALES IN CORRECTIONAL FACILITIES; TO PROVIDE THAT EVERY RESTROOM AND CHANGING ROOM WITHIN A CORRECTIONAL FACILITY THAT IS FOR USE BY INCARCERATED INDIVIDUALS SHALL BE DESIGNATED FOR USE BY MEMBERS OF ONE SEX; TO PROHIBIT ANY INCARCERATED INDIVIDUAL FROM ENTERING A RESTROOM OR CHANGING ROOM THAT IS DESIGNATED FOR ONE SEX UNLESS HE OR SHE IS A MEMBER OF THAT SEX; TO PROVIDE THAT EVERY RESTROOM, CHANGING ROOM AND SLEEPING QUARTER WITHIN A CORRECTIONAL FACILITY THAT IS DESIGNATED FOR THE USE OF INCARCERATED ADULTS THAT IS ACCESSIBLE BY MULTIPLE INDIVIDUALS AT THE SAME TIME SHALL BE DESIGNATED FOR USE ONLY BY MEMBERS OF ONE SEX; AND FOR RELATED PURPOSES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. Definitions. For purposes of this act, the following terms shall have the meanings ascribed herein: (a) "Changing room" means a room or area in which a person 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 facility operated, regulated or authorized by the Mississippi Department of Corrections to house state inmates. (c) "Female" means an individual who naturally has, had, will have, or would have, but for a developmental or genetic anomaly or historical accident, the reproductive system that at some point produces eggs. (d) "Male" means an individual who naturally has, had, will have, or would have, but for a developmental or genetic anomaly or historical accident, the reproductive system that at some point produces sperm. (e) "Restroom" means a room that includes one or more toilets or urinals. (f) "Sex" when used to classify a natural person, means the biological indication of male and female as observed or clinically verified at birth, without regard to a person's psychological, chosen, or subjective experience, feelings, actions, or sense of self. The following additional provisions apply to the use of "sex" and related terms: (i) There are only two (2) sexes, and every individual is either male or female. (ii) "Sex" is objective and fixed. (iii) Persons with "DSD conditions" (sometimes referred to as "differences in sex development", "disorders of sex development", or "intersex conditions") are not members of a third sex. (iv) The foregoing definition of "sex," for purposes of state law, neither requires nor precludes the accommodation of persons with a congenital and physically verifiable diagnosis of "DSD condition" (sometimes referred to as "differences in sex development", "disorders of sex development", or "intersex conditions"); however, such accommodation may be required by federal law. (g) "Sleeping quarters" means a room with more than one (1) bed and in which more than one (1) individual is housed for sleeping. SECTION 2. Safety and privacy in correctional facilities. (1) 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 (1) sex. (2) A restroom or changing room within a correctional facility that is designated for one (1) sex shall be used only by members of that sex, and no incarcerated individual shall enter a restroom or changing room that is designated for one (1) sex unless he or she is a member of that sex and the correctional facility shall ensure that all restrooms and changing rooms provide its users with privacy from members of the opposite sex. (3) 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 (1) sex. (4) A sleeping quarter within a correctional facility that is designated for one (1) sex shall be used only by members of that sex and no incarcerated individual shall be housed in a sleeping quarter that is designated for one (1) sex unless he or she is a member of that sex. (5) This section shall not apply to an incarcerated individual who enters a restroom, changing room, or sleeping quarter designated for the opposite sex when entering for the following purposes: (a) For custodial or maintenance purposes; (b) To render medical assistance; (c) During a natural disaster, emergency, or when necessary to prevent a serious threat to good order or safety; or (d) On a temporary basis (which shall not include overnight housing) at the direction of the correctional facility. SECTION 3. If any subsection or portion of this act is declared invalid, that declaration shall not affect the validity of the remaining portions. SECTION 4. This act shall take effect and be in force from and after July 1, 2025.