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]
[H.R. 1490 Introduced in House (IH)]

&lt;DOC&gt;






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 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.--The Bureau of Prisons--
            ``(1) 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
            ``(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, except 
        that persons charged with or convicted of offenses against the 
        United States who are not of the same biological sex may be co-
        located on a temporary basis, not including overnight 
        housing.''.
            (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) Definitions.--In this subsection, the term 
        `biological sex' has the meanings given such terms in section 
        4051 of title 18, United States Code.
            ``(2) Limitation on eligibility for funds.--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--
                    ``(A) 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, except that persons charged with or 
                convicted of offenses against the United States who are 
                not of the same biological sex may be co-located on a 
                temporary basis, not including overnight housing; and
                    ``(B) 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.''.
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