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 searches can be conducted, including the requirement that searches be performed by medical professionals or female staff, and that individuals be allowed to express their preferences regarding the gender of the staff conducting the search.

Additionally, the bill amends existing law regarding strip searches, emphasizing that such searches should be 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 the search or to have the search performed by a medical professional. The bill also reinforces the need for privacy during searches and establishes a deadline for local jails to implement these standards by September 1, 2025.

Statutes affected:
Original Bill: 74.09.875