Michigan 2023-2024 Regular Session

Michigan House Bill HB5831

Introduced
6/25/24  

Caption

Corrections: other; strip searches according to biological sex by MDOC facilities; require. Amends sec. 69a of 1953 PA 232 (MCL 791.269a).

Impact

The passage of HB5831 would significantly alter the procedures for handling searches within Michigan's correctional facilities, prioritizing the biological sex of both the individuals conducting searches and those being searched. This amendment could lead to enhanced privacy and comfort for visitors and prisoners alike, addressing concerns about the appropriateness and safety of searches in the context of gender. By stipulating these guidelines, the bill seeks to ensure that searches are performed in a manner that respects individual dignity and reduces instances of potential trauma or abuse during these sensitive procedures.

Summary

House Bill 5831 aims to amend the Michigan Corrections Code by introducing specific regulations regarding strip searches and pat down searches conducted on visitors and prisoners at state correctional facilities. The proposed amendments require that any pat down search of a visitor be performed exclusively by personnel of the same biological sex as the individual being searched. If such personnel are not available, the visitor has the option to waive this requirement through a signed waiver provided by the Department of Corrections. Additionally, all strip searches of prisoners must also be conducted by individuals of the same biological sex as the prisoner.

Contention

While the bill seeks to improve the treatment of individuals during searches, it has sparked discussions regarding the definitions and implications of 'biological sex'. The bill specifically defines biological sex in a manner that may evoke debates related to gender identity and rights. Critics might argue that such rigid definitions could overlook the complexities of individual experiences, particularly concerning transgender and non-binary individuals. Furthermore, ensuring the necessary staffing that aligns with these requirements could be a logistical challenge, especially in facilities dealing with high volumes of visitors or diverse populations.

Notable_points

Overall, HB5831 appears to stem from a desire to enhance the ethical standards of search practices within correctional facilities. However, its implications extend beyond mere procedural changes; the conversation surrounding the bill encapsulates broader themes related to gender identity, rights of incarcerated individuals, and institutional policies that affect vulnerable populations.

Companion Bills

No companion bills found.

Previously Filed As

MI SB2

AN ACT relating to correctional facilities.

MI HB5

AN ACT relating to correctional facilities.

MI HB4468

Corrections: prisoners; good time system; update corrections code to reflect. Amends secs. 20g, 33, 34, 34a, 35, 36, 38, 51, 65 & 65a of 1953 PA 232 (MCL 791.220g et seq.) & repeals secs. 33b & 33c of 1953 PA 232 (MCL 791.233b & 791.233c). TIE BAR WITH: HB 4470'23

MI SB0835

Corrections: parole; certain voting information on release; require department of corrections to provide. Amends secs. 34c & 35 of 1953 PA 232 (MCL 791.234c & 791.235).

MI HB4534

Corrections: parole; certain voting information on release; require department of corrections to provide. Amends secs. 34c & 35 of 1953 PA 232 (MCL 791.234c & 791.235).

MI HB2068

Prisoner searches; requirements

MI SB0322

Corrections: prisoners; corrections code of 1953; amend to reflect requirement for department of corrections to provide certain notification to prisoners. Amends secs. 33e & 34 of 1953 PA 232 (MCL 791.233e & 791.234) & adds sec. 34e. TIE BAR WITH: SB 0321'23

MI HB4557

Corrections: prisoners; corrections code of 1953; amend to reflect requirement for department of corrections to provide certain notification to prisoners. Amends secs. 33e & 34 of 1953 PA 232 (MCL 791.233e & 791.234) & adds sec. 34e. TIE BAR WITH: HB 4556'23

MI HB6090

Corrections: prisoners; visitation between prisoners and eligible visitors; provide for certain protections and limitations. Amends secs. 14a, 52, 53 & 68a of 1953 PA 232 (MCL 791.214a et seq.).

MI SB0864

Corrections: prisoners; corrections code of 1953; update to reflect creation of productivity credits. Amends secs. 33, 33c, 34 & 35 of 1953 PA 232 (MCL 791.233 et seq.). TIE BAR WITH: SB 0861'24

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