Is there a law in place that says male and female inmates cannot be placed in the same holding cell?

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Is there a law in place that says male and female inmates cannot be placed in the same holding cell?

I was placed in a holding cell with a male. We were the only two people in the cell for about 30-45 minutes. Is this legal?

Asked on June 3, 2009 under Criminal Law, Florida


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Hmm, interesting.  Where was this? The drunk tank? A holding cell until you posted bail?

It does sound kind of weird. Try reviewing the following and then contact a lawyer at

 950.061  Unlawful for male and female prisoners to be confined together.--It is unlawful for male and female prisoners in said jails to be confined in the same cell, room, or apartment, or be so confined as to be permitted to commingle, and the sheriffs of this state shall confine and separate all prisoners in their custody or charge in accordance with this chapter.

951.175  Provision of programs for women.--

(1)  This section may be cited as the "County Corrections Equality Act."

(2)  All regularly employed assistants, officers, and employees whose duties bring them into contact with the inmates of the institution shall be women as far as practicable.

(3)  Women inmates shall have access to programs of education, vocational training, rehabilitation, and substance abuse treatment that are equivalent to those programs which are provided for male inmates. The county shall ensure that women inmates are given opportunities for exercise, recreation, and visitation privileges according to the same standards as those privileges are provided for men. Women inmates shall be given opportunities to participate in work-release programs which are comparable to the opportunities provided for male inmates and shall be eligible for early release according to the same standards and procedures under which male inmates are eligible for early release.

(4)  An inmate who is pregnant shall be provided with prenatal care and medical treatment for the duration of her pregnancy. The county shall ensure that a pregnant inmate receives supplemental food and clothing and is excused from inappropriate work assignments. An inmate shall be transferred to a hospital outside the detention facility grounds if a condition develops which is beyond the scope and capabilities of the county detention center's medical facilities.

(5)  Any woman inmate who gives birth to a child during her term of imprisonment may be temporarily taken to a hospital outside the detention facility for the purpose of childbirth, and the charge for hospital and medical care shall be charged against the funds allocated to the detention facility. The county shall provide for the care of any child so born and shall pay for the child's care until the child is suitably placed outside the prison system.



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