Michigan House Bill HB5491

Michigan 2025-2026 Regular Session

• Introduced: 1/29/26
• Refer: 1/29/26

Caption

Corrections: other; strip searches according to biological sex by MDOC facilities; require. Amends sec. 69a of 1953 PA 232 (MCL 791.269a).

Impact

The bill also establishes that any strip search performed on a prisoner must be by a person of the same biological sex as the inmate. By defining physical searches in this manner, the bill proposes to enhance the dignity and rights of both visitors and prisoners within correctional facilities. This legislative change could influence how the Department of Corrections implements security protocols and how they train their staff regarding search procedures.

Summary

House Bill 5491 aims to amend the Corrections Code of 1953 to stipulate that visitors to state correctional facilities in Michigan must not undergo a pat down search unless those conducting the search are of the same biological sex as the visitor. This provision seeks to ensure that individuals are subjected to searches conducted by personnel who share their biological sex, thereby addressing concerns about privacy and potentially inappropriate conduct during searches.

Contention

Notably, this bill does raise significant points of contention, particularly around definitions of biological sex versus gender identity. The use of 'biological sex' is specifically defined in the bill, which some advocates argue could conflict with broader movements towards recognizing and respecting gender identity in correctional settings. Critics may contend that this creates a binary perspective on gender that does not accommodate the complexities of individual identity, leading to possible legal challenges in its implementation.