Failed to pass both houses, will not become law this session
This bill would define “sex” as “a person's sex at birth, as being male or female, according to distinct reproductive roles as manifested by sex and reproductive organ anatomy, chromosomal makeup, and endogenous hormone profiles.” Further, the bill would require placements for incarcerated people in Wisconsin jails and prisons to be determined by this definition and require any strip searches of incarcerated people to be conducted by a person who is “the same sex” as the incarcerated person, as determined by this definition.
Ultimately, this legislation would result in significant harm to transgender, non-binary, and intersex Wisconsinites who are incarcerated in DOC facilities and counties' jails, by forcing them into placements that do not match their gender and opening them up to an increased likelihood of experiencing sexual or physical abuse and worse mental health outcomes.
The federal Prison Rape Elimination Act (PREA) requires prisons and jails to make individualized housing placements for all transgender and intersex people who are incarcerated, including when assigning them to male or female facilities. A transgender or intersex person’s own views with respect to their own safety must be given serious consideration when making these determinations.
