(1) An individual who, while accessing a restroom or changing room designated for use by their sex, encounters a person of the opposite sex in that restroom or changing room in violation of Section 47-5-1607, has a private cause of action for declaratory and injunctive relief against the correctional facility if:(a) The correctional facility gave that person permission to use a restroom or changing room of the opposite sex; or(b) The correctional facility failed to take reasonable steps to prohibit that person from using the restroom or changing room of the opposite sex.
(a) The correctional facility gave that person permission to use a restroom or changing room of the opposite sex; or
(b) The correctional facility failed to take reasonable steps to prohibit that person from using the restroom or changing room of the opposite sex.
(2) An incarcerated individual who is required by the correctional facility to share sleeping quarters with a person of the opposite sex in violation of Section 47-5-1607, has a private cause of action for declaratory and injunctive relief against the correctional facility.
(3) All civil actions brought pursuant to this section must be initiated within two (2) years after the violation occurred. An individual aggrieved under this section who prevails in court may recover reasonable attorney fees and costs from the offending correctional facility.