Preventing Violence Against Female Inmates Act of 2023

Subjects: Crime and Law Enforcement


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 752 Introduced in Senate (IS)]

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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. 
  Graham, 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Preventing Violence Against Female 
Inmates Act of 2023''.

SEC. 2. HOUSING PRISONERS BASED ON SEX.

    (a) Federal Prisons.--
            (1) In general.--Chapter 303 of title 18, United States 
        Code, is amended by adding at the end the following:
``Sec. 4052. Bar on housing together prisoners of different sexes
    ``(a) Definition.--In this section, the term `biological sex' means 
the biological classification of male and female in the context of 
reproductive potential or capacity, as indicated by sex chromosomes, 
naturally occurring sex hormones, gonads, and nonambiguous internal and 
external genitalia present at birth.
    ``(b) Bar.--
            ``(1) In general.--The Bureau of Prisons--
                    ``(A) shall use the biological sex of persons 
                charged with or convicted of offenses against the 
                United States in making determinations regarding 
                housing such persons; and
                    ``(B) except as provided in paragraph (2), shall 
                not co-locate in detention facilities persons charged 
                with or convicted of offenses against the United States 
                if those persons are not of the same biological sex.
            ``(2) Exception.--The Bureau of Prisons may co-locate, on a 
        temporary basis (which shall not include overnight housing), 
        persons charged with or convicted of offenses against the 
        United States who are not of the same biological sex.''.
            (2) Technical and conforming amendment.--The table of 
        sections for chapter 303 of title 18, United States Code, is 
        amended by adding at the end the following:

``4052. Bar on housing together prisoners of different sexes.''.
    (b) State Prisons.--Section 501 of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (34 U.S.C. 10152) is amended by 
adding at the end the following:
    ``(i) Bar on Housing Together Prisoners of Different Sexes.--
            ``(1) Definition.--In this subsection, the term `biological 
        sex' has the meaning given such term in section 4052 of title 
        18, United States Code.
            ``(2) Limitation on eligibility for funds.--
                    ``(A) In general.--Beginning in the first fiscal 
                year beginning after the date of enactment of this 
                subsection, a State may not receive funds under this 
                subpart for a fiscal year if the State does not submit 
                to the Attorney General a certification that the 
                State--
                            ``(i) except as provided in subparagraph 
                        (B), prohibits co-locating in detention 
                        facilities persons charged with or convicted of 
                        offenses under the law of the State if those 
                        persons are not of the same biological sex; and
                            ``(ii) requires the use of the biological 
                        sex of persons charged with or convicted of 
                        offenses under the law of the State in making 
                        determinations regarding housing such persons.
                    ``(B) Exception.--A State may co-locate, on a 
                temporary basis (which shall not include overnight 
                housing), persons charged with or convicted of offenses 
                under the law of the State who are not of the same 
                biological sex.''.
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