The bill aims to establish guidelines for conducting searches of transgender and intersex individuals in local jails, ensuring compliance with federal law, specifically the Prison Rape Elimination Act. It mandates that local jail administrators develop policies that prohibit searches solely to determine an individual's genital status and require staff training on conducting searches in a respectful and minimally intrusive manner. The bill outlines specific conditions under which strip searches may be conducted, including the requirement that they be performed by medical professionals or female staff, and allows individuals to express their preferences regarding the gender of the staff conducting the search.

Additionally, the bill amends existing law regarding strip searches to ensure that they are performed by individuals of the same gender as the person being searched, with exceptions only in exigent circumstances. It introduces new provisions that allow transgender, gender nonconforming, or intersex individuals to choose the gender of the person conducting their search or to have it performed by a medical professional. The bill also emphasizes the importance of privacy during searches and requires that policies be implemented by September 1, 2025.

Statutes affected:
Original Bill: 74.09.875
Substitute Bill: 74.09.875