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.

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.