What This Bill Does
This bill requires federal prisons and state prisons to house incarcerated people separately based on biological sex. The bill allows temporary, daytime co-location (housing together) only, not overnight housing, for people of different biological sexes.
Who It Affects
- The Bureau of Prisons (the federal agency that runs federal prisons)
- State prison systems and their administrators
- People charged with or convicted of federal crimes
- People charged with or convicted of state crimes
- State attorneys general who must certify compliance with the law
Key Provisions
- The Bureau of Prisons must use biological sex when deciding where to house incarcerated people in federal prisons (Sec. 2(a)(1))
- Federal prisons cannot place people of different biological sexes in the same overnight housing, though temporary daytime co-location is permitted (Sec. 2(a)(1))
- States must certify to the Attorney General that they prohibit co-locating people of different biological sexes overnight to receive federal funding (Sec. 2(b))
- States must use biological sex when making housing decisions for incarcerated people in state prisons (Sec. 2(b))
What Changes
Federal prisons must change their housing policies to separate incarcerated people by biological sex, with temporary daytime exceptions only. States that want federal funding for prisons must do the same and submit written proof to the Attorney General that they follow this rule.
Important Definitions
"Biological sex" means the classification of male or female based on sex chromosomes, naturally occurring sex hormones, reproductive organs, and external genitalia present at birth (Sec. 2(a)(1)).
Effective Date
States have until the first fiscal year beginning after the bill becomes law to comply. Not specified in bill text when that date is.
I
118TH CONGRESS
1ST SESSION H. R. 1490
To secure the dignity and safety of incarcerated women.
IN THE HOUSE OF REPRESENTATIVES
MARCH 9, 2023
Mr. CRAWFORD (for himself, Mr. DONALDS, Mr. WEBER of Texas, Mr.
BACON, Mr. BUCSHON, and Mr. LAMALFA) introduced the following bill;
which was 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’’.
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SEC. 2. HOUSING PRISONERS BASED ON SEX.
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(a) FEDERAL PRISONS.—
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(1) IN
GENERAL.—Chapter 303 of title 18,
8
United States Code, is amended by adding at the
9
end the following:
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‘‘§ 4052. Bar on housing together prisoners of dif-
1
ferent sexes
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‘‘(a) DEFINITION.—In this section, the term ‘biologi-
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cal sex’ means the biological classification of male and fe-
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male in the context of reproductive potential or capacity,
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as indicated by sex chromosomes, naturally occurring sex
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hormones, gonads, and nonambiguous internal and exter-
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nal genitalia present at birth.
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‘‘(b) BAR.—The Bureau of Prisons—
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‘‘(1) shall use the biological sex of persons
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charged with or convicted of offenses against the
11
United States in making determinations regarding
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housing such persons; and
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‘‘(2) shall not co-locate in detention facilities
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persons charged with or convicted of offenses
15
against the United States if those persons are not
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of the same biological sex, except that persons
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charged with or convicted of offenses against the
18
United States who are not of the same biological sex
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may be co-located on a temporary basis, not includ-
20
ing overnight housing.’’.
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(2) TECHNICAL
AND
CONFORMING
AMEND-
22
MENT.—The table of sections for chapter 303 of
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title 18, United States Code, is amended by adding
24
at the end the following:
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‘‘4052. Bar on housing together prisoners of different sexes.’’.
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•HR 1490 IH
(b) STATE PRISONS.—Section 501 of title I of the
1
Omnibus Crime Control and Safe Streets Act of 1968 (34
2
U.S.C. 10152) is amended by adding at the end the fol-
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lowing:
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‘‘(i) BAR ON HOUSING TOGETHER PRISONERS OF
5
DIFFERENT SEXES.—
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‘‘(1) DEFINITIONS.—In this subsection, the
7
term ‘biological sex’ has the meanings given such
8
terms in section 4051 of title 18, United States
9
Code.
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‘‘(2)
LIMITATION
ON
ELIGIBILITY
FOR
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FUNDS.—Beginning in the first fiscal year beginning
12
after the date of enactment of this subsection, a
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State may not receive funds under this subpart for
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a fiscal year if the State does not submit to the At-
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torney General a certification that the State—
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‘‘(A) prohibits co-locating in detention fa-
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cilities persons charged with or convicted of of-
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fenses under the law of the State if those per-
19
sons are not of the same biological sex, except
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that persons charged with or convicted of of-
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fenses against the United States who are not of
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the same biological sex may be co-located on a
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temporary basis, not including overnight hous-
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ing; and
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‘‘(B) requires the use of the biological sex
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of persons charged with or convicted of offenses
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under the law of the State in making deter-
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minations regarding housing such persons.’’.
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Æ
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