(Reprinted with amendments adopted on April 15, 2025)
FIRST REPRINT S.B. 141
- *SB141_R1*
SENATE BILL NO. 141–SENATOR SCHEIBLE
PREFILED JANUARY 30, 2025
____________
Referred to Committee on Judiciary
SUMMARY—Revises provisions relating to local facilities for
detention. (BDR 16-241)
FISCAL NOTE: Effect on Local Government: May have Fiscal Impact.
Effect on the State: No.
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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to corrections; providing for the development and
implementation of certain policies relating to prisoners in
a county, city or town jail or detention facility who are
transgender, gender non-conforming, gender non-binary
and intersex; authorizing the development and
implementation of certain training relating to such
prisoners; and providing other matters properly relating
thereto.
Legislative Counsel’s Digest:
Existing law requires the Director of the Department of Corrections to adopt 1
regulations prescribing certain standards for the supervision, custody, care, security, 2
housing and medical and mental health treatment of offenders who are transgender, 3
gender non-conforming, gender non-binary and intersex. (NRS 209.358) Section 1 4
of this bill similarly requires the sheriff, chief of police or town marshal responsible 5
for the operation of a county, city or town jail or detention facility to develop and 6
implement a policy concerning the supervision, custody, care, security, housing and 7
medical and mental health treatment of prisoners who are transgender, gender non-8
conforming, gender non-binary and intersex. 9
Existing law authorizes the Director of the Department to develop and 10
implement a program of facility training for the correctional staff in each institution 11
and facility of the Department, which includes training in cultural competency for 12
interacting with offenders who are transgender, gender non-conforming, gender 13
non-binary and intersex. (NRS 209.1315) Section 1 likewise authorizes the sheriff, 14
chief of police or town marshal responsible for the operation of a county, city or 15
town jail or detention facility to develop and implement training for members of the 16
staff of the jail or detention facility in cultural competency for interacting with 17
prisoners who are transgender, gender non-conforming, gender non-binary and 18
intersex. 19
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THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 211 of NRS is hereby amended by adding 1
thereto a new section to read as follows: 2
1. The sheriff, chief of police or town marshal responsible for 3
the operation of a county, city or town jail or detention facility 4
shall develop and implement a policy concerning the supervision, 5
custody, care, security, housing and medical and mental health 6
treatment of prisoners who are transgender, gender non-7
conforming, gender non-binary and intersex. The policy must: 8
(a) Use respectful language and currently accepted 9
terminology that accounts for and protects the rights of prisoners 10
who are transgender, gender non-conforming, gender non-binary 11
and intersex; 12
(b) Prohibit the discrimination of prisoners who are 13
transgender, gender non-conforming, gender non-binary and 14
intersex; 15
(c) Include, or incorporate by reference, a provision which 16
designates the factors to be considered when assigning housing, 17
which must, without limitation, take into account the preference of 18
prisoners; 19
(d) Include, or incorporate by reference, a protocol for 20
searches, which: 21
(1) Includes considering the preference of a prisoner when 22
determining the gender of the officer assigned to conduct a 23
search; and 24
(2) Prohibits an unclothed search for the purpose of 25
observing the genitalia of a prisoner after initial intake into the 26
jail or detention facility, unless reasonable grounds exist; 27
(e) Require medical personnel to follow the applicable 28
standard of care when treating a prisoner who is transgender, 29
gender non-conforming, gender non-binary or intersex; 30
(f) Require, to the extent practicable, that a prisoner who is 31
transgender, gender non-conforming, gender non-binary or 32
intersex have access to preferred clothing, undergarments and 33
hygiene items, regardless of housing assignment; 34
(g) Include, or incorporate by reference, provisions that apply 35
to adult prisoners and juvenile prisoners; and 36
(h) Include, or incorporate by reference, a timely and fair 37
grievance or appeal process for any violation of the policy. 38
2. The sheriff, chief of police or town marshal responsible for 39
the operation of a county, city or town jail or detention facility 40
may develop and implement training for members of the staff of 41
the jail or detention facility in cultural competency for interacting 42
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with prisoners who are transgender, gender non-conforming, 1
gender non-binary and intersex. 2
3. Nothing in this section shall be construed to require a 3
county, city or town jail or detention facility to construct 4
additional buildings or facilities or to implement any additional 5
training for staff to comply with a policy developed pursuant to 6
this section. 7
4. As used in this section: 8
(a) “Gender non-binary” means a person whose gender 9
identity does not conform to the traditional gender binary of male 10
and female. 11
(b) “Gender non-conforming” means a person whose gender 12
characteristics or behaviors do not conform to those 13
characteristics or behaviors traditionally associated with the 14
biological sex of the person. 15
(c) “Intersex” means a condition in which a person is born 16
with external genitals, internal reproductive organs, chromosome 17
patterns or an endocrine system that does not conform to the 18
traditional gender binary of male or female. 19
(d) “Transgender” means a person whose gender identity or 20
expression differs from the sex assigned to the person at birth. 21
Sec. 2. (Deleted by amendment.) 22
H