1.    At the penitentiary, a restroom or shower room accessible by multiple inmates at the same time must be designated for use exclusively for males or exclusively for females.

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Terms Used In North Dakota Code 12-47-40

  • Penitentiary: includes any affiliated facilities. See North Dakota Code 1-01-49
  • Sex: means the biological state of being male or female, based on the individual's nonambiguous sex organs, chromosomes, or endogenous hormone profiles at birth. See North Dakota Code 1-01-49

2.    At the penitentiary, a restroom or shower room designated for one sex may be used only by members of that sex.

3.    The warden, a deputy warden, an officer, or an agent shall provide a reasonable accommodation for an inmate, including a transgender or gender-nonconforming inmate, as deemed appropriate by the warden.