Text of US SB 752 (2023)

II 118TH CONGRESS 1ST SESSION S. 752 To secure the dignity and safety of incarcerated women. IN THE SENATE OF THE UNITED STATES MARCH 9, 2023 Mr. COTTON (for himself, Mr. MARSHALL, Mr. BRAUN, Mr. RUBIO, Mr. GRA- HAM, Mr. LEE, Mr. CRUZ, and Mr. DAINES) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To secure the dignity and safety of incarcerated women. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Preventing Violence 4 Against Female Inmates Act of 2023’’. 5 SEC. 2. HOUSING PRISONERS BASED ON SEX. 6 (a) FEDERAL PRISONS.— 7 (1) IN GENERAL.—Chapter 303 of title 18, 8 United States Code, is amended by adding at the 9 end the following: 10 VerDate Sep 11 2014 01:13 Mar 18, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S752.IS S752 kjohnson on DSK79L0C42PROD with BILLS 2 •S 752 IS ‘‘§ 4052. Bar on housing together prisoners of dif- 1 ferent sexes 2 ‘‘(a) DEFINITION.—In this section, the term ‘biologi- 3 cal sex’ means the biological classification of male and fe- 4 male in the context of reproductive potential or capacity, 5 as indicated by sex chromosomes, naturally occurring sex 6 hormones, gonads, and nonambiguous internal and exter- 7 nal genitalia present at birth. 8 ‘‘(b) BAR.— 9 ‘‘(1) IN GENERAL.—The Bureau of Prisons— 10 ‘‘(A) shall use the biological sex of persons 11 charged with or convicted of offenses against 12 the United States in making determinations re- 13 garding housing such persons; and 14 ‘‘(B) except as provided in paragraph (2), 15 shall not co-locate in detention facilities persons 16 charged with or convicted of offenses against 17 the United States if those persons are not of 18 the same biological sex. 19 ‘‘(2) EXCEPTION.—The Bureau of Prisons may 20 co-locate, on a temporary basis (which shall not in- 21 clude overnight housing), persons charged with or 22 convicted of offenses against the United States who 23 are not of the same biological sex.’’. 24 (2) TECHNICAL AND CONFORMING AMEND- 25 MENT.—The table of sections for chapter 303 of 26 VerDate Sep 11 2014 01:13 Mar 18, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S752.IS S752 kjohnson on DSK79L0C42PROD with BILLS 3 •S 752 IS title 18, United States Code, is amended by adding 1 at the end the following: 2 ‘‘4052. Bar on housing together prisoners of different sexes.’’. (b) STATE PRISONS.—Section 501 of title I of the 3 Omnibus Crime Control and Safe Streets Act of 1968 (34 4 U.S.C. 10152) is amended by adding at the end the fol- 5 lowing: 6 ‘‘(i) BAR ON HOUSING TOGETHER PRISONERS OF 7 DIFFERENT SEXES.— 8 ‘‘(1) DEFINITION.—In this subsection, the term 9 ‘biological sex’ has the meaning given such term in 10 section 4052 of title 18, United States Code. 11 ‘‘(2) LIMITATION ON ELIGIBILITY FOR 12 FUNDS.— 13 ‘‘(A) IN GENERAL.—Beginning in the first 14 fiscal year beginning after the date of enact- 15 ment of this subsection, a State may not receive 16 funds under this subpart for a fiscal year if the 17 State does not submit to the Attorney General 18 a certification that the State— 19 ‘‘(i) except as provided in subpara- 20 graph (B), prohibits co-locating in deten- 21 tion facilities persons charged with or con- 22 victed of offenses under the law of the 23 State if those persons are not of the same 24 biological sex; and 25 VerDate Sep 11 2014 01:13 Mar 18, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S752.IS S752 kjohnson on DSK79L0C42PROD with BILLS 4 •S 752 IS ‘‘(ii) requires the use of the biological 1 sex of persons charged with or convicted of 2 offenses under the law of the State in 3 making determinations regarding housing 4 such persons. 5 ‘‘(B) EXCEPTION.—A State may co-locate, 6 on a temporary basis (which shall not include 7 overnight housing), persons charged with or 8 convicted of offenses under the law of the State 9 who are not of the same biological sex.’’. 10 Æ VerDate Sep 11 2014 01:13 Mar 18, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\S752.IS S752 kjohnson on DSK79L0C42PROD with BILLS