A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending section 69a (MCL 791.269a), as amended by 2012 PA 599.
The primary objective of this bill is to regulate the procedures for conducting pat down and strip searches in state correctional facilities, ensuring that such searches are performed by individuals of the same biological sex as the person being searched. The bill defines "biological sex" based on physical and genetic characteristics present at birth, excluding psychological or subjective experiences of gender.
Under the new provisions, visitors to state correctional facilities cannot be subjected to a pat down search unless the personnel conducting the search are of the same biological sex as the visitor. If such personnel are not available, visitors have the option to waive this requirement by signing a waiver provided by the department. Similarly, strip searches of prisoners must be conducted by individuals of the same biological sex as the prisoner. The bill also provides specific definitions for terms such as "pat down search," "strip search," and "state correctional facility" to ensure clarity in the implementation of these procedures.
The legislation does not specify any new funding allocations or financial figures, nor does it introduce changes to other existing statutes beyond the specified section of the Corrections Code. The impact on stakeholders includes increased privacy and comfort for visitors and prisoners during searches, potentially reducing psychological distress. However, it may also pose logistical challenges for correctional facilities in ensuring the availability of appropriately gendered staff for searches. The bill does not outline specific timelines or deadlines for implementation, suggesting that these changes would take effect following the standard legislative process and subsequent administrative adjustments by the correctional facilities.
Co-sponsored by Reps.
Referred to the Committee on Judiciary
