A bill for an act relating to the availability of sexually explicit material in department of corrections institutions.
HF 350 bans using DOC funds to distribute sexually explicit material or nudity to inmates.
HF 350 bans using DOC funds to distribute sexually explicit material or nudity to inmates.
Purpose and intent
- HF 350 seeks to restrict the availability of sexually explicit material and nudity to inmates in Department of Corrections (DOC) institutions.
- The bill prohibits using DOC funds or other funds made available to the department to distribute or make available commercially published information or material to inmates when the material is sexually explicit or features nudity, as defined by the bill and related statute (section 904.102).
Key provisions
- Amends Section 904.310A, subsection 1 (Code 2025) to require that funds appropriated to the DOC may not be used to distribute or make available any sexually explicit material or material featuring nudity to inmates under the department’s control.
- The restriction applies to material that falls under the scope of section 904.102 and includes, but is not limited to, content that:
- Shows penetration of the penis into the vagina or anus.
- Displays oral-genital contact or genital/genital contact between persons.
- Shows contact between a person’s body part (e.g., finger or hand) and another person’s genitalia or anus.
- Depicts ejaculation onto another person.
- Uses artificial sexual organs or substitutes in contact with genitalia or anus.
- The bill explicitly states that the listed items are not necessarily an exhaustive list (“including but not limited to”).
- An explanatory note is included in the bill, clarifying the bill’s relationship to the availability of sexually explicit material within DOC facilities; the explanation itself does not constitute legislative agreement.
Who is affected
- Inmates housed in state DOC institutions.
- DOC operations, including procurement, library, education, rehabilitation, and any program that provides reading or media materials to inmates.
- Any vendors or publishers whose materials would be distributed to inmates, since the bill restricts use of DOC funds for such distributions.
Procedural and timeline aspects
- Introduced: February 12, 2025.
- Legislative actions:
- 2025-02-12: Introduced and referred to Public Safety.
- 2025-02-18: Subcommittee meeting held with members Dieken, Gearhart, and Meyer, B.
- 2025-02-24: Subcommittee Meeting scheduled for 02/25/2025 at 8:00 AM in Room 102 (Cancelled).
- Sponsor: Dieken (primary).
Potential impact and considerations
- Fiscal: Potential reduction in expenditures on maleable or printed materials deemed sexually explicit, possibly shifting DOC materials toward non-explicit educational or rehabilitative content.
- Policy and operations: Requires DOC to review and potentially overhaul existing material distribution processes and vendor contracts to ensure compliance.
- Rights and safety: Balances inmate access to information with safeguarding standards; questions may arise about definitions of “sexually explicit” beyond the enumerated list and whether certain materials (e.g., sexual health resources) would be restricted or require alternative formats.
- Implementation questions: How “commercially published information” is defined; how this interacts with libraries, educational programs, and inmate mental health or sexual health resources.
Notes for readers
- The bill’s status shows a cancelled subcommittee meeting, indicating the measure has not yet advanced to full committee action as of the provided dates.
Compiled from official sources — confirm details with the bill’s official record.
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