What This Bill Does
This bill requires the federal government and states to house incarcerated people separately based on biological sex. The bill aims to protect the safety and dignity of incarcerated women by preventing men and women from sharing detention facilities overnight.
Who It Affects
The Bureau of Prisons (the federal agency that runs federal prisons), state prison systems, people charged with or convicted of federal crimes, people charged with or convicted of state crimes, and the Attorney General (the head of the U.S. Department of Justice).
Key Provisions
• The Bureau of Prisons must use biological sex when deciding where to house people in federal prisons and cannot house people of different biological sexes together, with limited exceptions (Sec. 2(a)).
• The Bureau of Prisons may temporarily co-locate people of different biological sexes only if it is not overnight housing (Sec. 2(a)).
• States must certify to the Attorney General that they prohibit co-locating people of different biological sexes in state detention facilities overnight to receive federal funding (Sec. 2(b)).
• States may allow temporary co-location during the day only, not overnight, for people of different biological sexes (Sec. 2(b)).
What Changes
Federal prisons must change their housing policies to separate incarcerated people by biological sex. States that want federal money must adopt policies separating incarcerated people by biological sex overnight, or they lose funding eligibility.
Important Definitions
"Biological sex" means the classification of male or female based on sex chromosomes, naturally occurring sex hormones, reproductive organs, and genitalia present at birth (Sec. 2(a)).
Effective Date
For state prisons, the requirements begin in the first fiscal year after the bill is enacted. Not specified in bill text for federal prisons.
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