Safety and privacy in correctional facilities and juvenile detention facilities

Tenn. Code Ann. § 68-107-109, under Riley Gaines Women’s Safety and Protection Act.

Tenn. Code Ann. § 68-107-109

(a) A correctional facility or juvenile detention facility shall designate each multi-occupancy restroom, changing room, and sleeping quarters for the exclusive use of either females, males, or members of the same family.

(b) (1) A restroom, changing room, or sleeping quarters within a correctional facility or juvenile detention facility that is designated for females or males must be used only by members of that sex. An individual shall not enter a restroom or changing room, or stay overnight in sleeping quarters, that is designated for females or males unless the individual is a member of that sex.(2) A correctional facility or juvenile detention facility shall take reasonable steps to provide individuals with privacy in restrooms, changing rooms, and sleeping quarters from members of the opposite sex.

(1) A restroom, changing room, or sleeping quarters within a correctional facility or juvenile detention facility that is designated for females or males must be used only by members of that sex. An individual shall not enter a restroom or changing room, or stay overnight in sleeping quarters, that is designated for females or males unless the individual is a member of that sex.

(2) A correctional facility or juvenile detention facility shall take reasonable steps to provide individuals with privacy in restrooms, changing rooms, and sleeping quarters from members of the opposite sex.

(c) This section does not apply to an individual who enters a restroom, changing room, or sleeping quarters designated for the opposite sex in the following circumstances:(1) To perform custodial services or maintenance of a restroom, changing room, or sleeping quarters that is normally used by the opposite sex;(2) To render medical assistance;(3) To render assistance by law enforcement;(4) To maintain good order and safety by correctional facility or juvenile detention facility employees; or(5) To provide services or render aid during a natural disaster, a declared emergency, or when necessary to prevent a serious threat to good order or safety.

(1) To perform custodial services or maintenance of a restroom, changing room, or sleeping quarters that is normally used by the opposite sex;

(2) To render medical assistance;

(3) To render assistance by law enforcement;

(4) To maintain good order and safety by correctional facility or juvenile detention facility employees; or

(5) To provide services or render aid during a natural disaster, a declared emergency, or when necessary to prevent a serious threat to good order or safety.

(d) This section does not apply to employees of the correctional facility, employees of the department of correction, or employees contracted to work at a correctional facility who enter a restroom, changing room, or sleeping room designated for the opposite sex when the employee is carrying out responsibilities related to the employee's job.

(e) This section does not apply to employees of the juvenile detention facility or employees contracted to work at a juvenile detention facility who enter a restroom, changing room, or sleeping room designated for the opposite sex when the employee is carrying out responsibilities related to the employee's job.

(f) This section does not prohibit a correctional facility or juvenile detention facility from adopting policies necessary to accommodate persons protected under the federal Americans with Disabilities Act (42 U.S.C. § 12101 et seq.) or young children or elderly individuals in need of physical assistance when using restrooms, changing facilities, or sleeping quarters.