Mississippi 2025 Regular Session

Mississippi Senate Bill SB2364

Introduced
1/20/25  
Refer
1/20/25  

Caption

Safety and privacy in correctional facility rooms; provide certain standards.

Impact

Should this bill be enacted, it will significantly influence existing statutes regarding the operation of correctional facilities by enforcing a strict segregation of facilities based on sex. By eliminating the access of individuals to restrooms, changing rooms, and sleeping quarters designated for one sex unless they are members of that sex, the bill will reshape policies regarding the accommodation of incarcerated individuals. Critics of the bill argue that it could exacerbate the challenges faced by transgender and intersex individuals within the correctional system, as they may be placed in situations where their rights to safety and dignity are compromised. There are concerns regarding potential increased discrimination against these populations and whether adequate measures can be taken to ensure their welfare and privacy.

Summary

Senate Bill 2364 aims to establish regulations concerning the safety and privacy of incarcerated individuals in correctional facilities in Mississippi. The bill explicitly mandates that every restroom, changing room, and sleeping quarter within these facilities must be designated for use by members of one sex only. This explicitly aims to ensure that individuals can access facilities without the risk of encountering members of the opposite sex, thereby addressing concerns over safety and privacy in these environments. A significant aspect of the bill is the detailed definition of 'sex' as strictly binary, reinforcing a conservative view of gender that does not accommodate intersex or transgender identities within the legal framework of the provisions outlined.

Contention

Debate surrounding SB2364 has highlighted a significant tension between perspectives on sex and gender in correctional facilities. Proponents of the bill argue that it is essential for maintaining safety and privacy for all incarcerated individuals, citing legitimate concerns about the potential for discomfort or violence in mixed-sex environments. However, opponents contend that the bill's definitions and applications infringe upon the rights of those who do not fit within the rigid gender binary, potentially increasing vulnerability and stigma for those populations. The discussion brings forth broader questions about how gender is understood and regulated in institutional settings, particularly in relation to the inherent rights of individuals to maintain dignity and privacy regardless of sex or gender identity.

Companion Bills

No companion bills found.

Similar Bills

MS HB585

"Dignity and Safety for Incarcerated Women Act"; enact.

MS HB188

"Dignity and Safety for Incarcerated Women Act"; enact.

IA SSB3084

A bill for an act relating to the privacy and safety of inmates of a correctional facility, establishing a private cause of action, and including effective date provisions.(See SF 2263.)

IA SF2263

A bill for an act relating to the privacy and safety of inmates of a correctional facility, establishing a private cause of action, and including effective date provisions.(Formerly SSB 3084.)

MS SB2594

Safety and privacy in correctional facility rooms; provide certain standards.

OK HB3022

Prisons and reformatories; changing rooms and restrooms; sleeping quarters; restrictions; statute of limitations for bringing claims; effective date.

OR HB4143

Relating to biological sex.

HI SB310

Relating To Children And Family Of Incarcerated Individuals.