2017 - 2018 LEGISLATURE
August 24, 2017 - Introduced by Senators L. Taylor, Risser, Erpenbach and
Johnson, cosponsored by Representatives Subeck, Zamarripa, Anderson,
Berceau, Billings, Brostoff, Crowley, Hintz, Ohnstad, Pope, Sargent,
Spreitzer, Wachs and Goyke. Referred to Committee on Judiciary and Public
1An Act to create
302.085 of the statutes; relating to: the treatment of a
2pregnant or postpartum person in prison and county jail.
Analysis by the Legislative Reference Bureau
This bill limits the use of physical restraints on pregnant and postpartum
people who are in the custody of a correctional facility. Under the bill, a pregnant
person may not be restrained unless the restraints are reasonably necessary for the
legitimate safety and security needs of the person, correctional staff, or public, and
any restraints used must be the least restrictive possible. In addition, the bill
requires that every woman in the custody of a correctional facility be offered testing
for pregnancy, and, if pregnant, be offered testing for sexually transmitted infections.
The bill also requires the correctional facility where the pregnant or postpartum
person is being confined to provide information related to pregnancy, labor, and the
postpartum period, and to provide access to certain health services related to
pregnancy, labor, and the postpartum period.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
302.085 of the statutes is created to read:
1302.085 Treatment of a pregnant or postpartum person. (1) Definitions. 2
In this section:
(a) “Correctional facility” has the meaning given in s. 101.123 (1) (ac).
(b) “Doula” means a nonmedical, trained professional who provides continuous 5
physical, emotional, and informational support during pregnancy, labor, birth, and 6
the postpartum period.
(c) “Doula services" means childbirth education and support services, including 8
emotional, physical, and informational support provided during pregnancy, labor, 9
birth, and the postpartum period.
(d) “Postpartum” means the period of time following the birth of an infant to 11
6 months after the birth.
(e) “Restrain” means to use a mechanical, chemical, or other device to constrain 13
the movement of a person's body or limbs.
14(2) Restraining a pregnant person.
(a) A representative of a correctional 15
facility may not restrain a person known to be pregnant unless the representative 16
makes an individualized determination that restraints are reasonably necessary for 17
the legitimate safety and security needs of the person, correctional staff, or public. 18
If restraints are determined to be necessary, the restraints must be the least 19
restrictive effective type and the most reasonable under the circumstances.
(b) A representative of a correctional facility may not restrain a person known 21
to be pregnant while the person is being transported if the restraint is through the 22
use of leg irons, waist chains or other devices that cross or otherwise touch the 23
person's abdomen, or handcuffs or other devices that cross or otherwise touch the 24
person's wrists when affixed behind the person's back.
(c) A representative of a correctional facility may not place a person known to 2
be pregnant in solitary confinement for any punitive purpose.
(d) A representative of a correctional facility may restrain a person who is in 4
labor or who has given birth in the preceding 3 days only if all of the following apply:
1. There is a substantial flight risk or some other extraordinary medical or 6
security circumstance that requires restraints be used to ensure the safety and 7
security of the person, the staff of the correctional or medical facility, other inmates, 8
or the public.
2. The representative has made an individualized determination that 10
restraints are necessary to prevent escape or injury.
3. There is no objection to the use of restraints by the treating medical care 12
4. The restraints used are the least restrictive effective type and are used in 14
the least restrictive manner.
(e) All staff members who may come into contact with a pregnant or postpartum 16
person at any correctional facility shall receive training on the requirements of this 17
subsection on an annual basis.
18(3) Treatment of a pregnant or postpartum person.
A correctional facility 19
shall ensure all of the following for every person incarcerated at the facility:
(a) That every woman under 50 years of age is offered testing for pregnancy.
(b) That every pregnant person is offered testing for sexually transmitted 22
infections, including HIV.
(c) That every pregnant person who is on a methadone treatment regimen be 24
provided continuing methadone treatment.
(d) That every pregnant person and every person who has given birth in the 2
past 6 weeks is provided appropriate educational materials and resources related to 3
pregnancy, childbirth, breastfeeding, and parenting.
(e) That every pregnant person and every person who has given birth in the 5
past 6 weeks has access to doula services if these services are provided by a doula 6
without charge to the correctional facility or the incarcerated person pays for the 7
(f) That every pregnant person and every person who has given birth in the past 9
6 months has access to a mental health assessment and, if necessary, mental health 10
(g) That every pregnant person and every person who has given birth in the 12
past 6 months who is determined to be suffering from a mental illness has access to 13
evidence-based mental health treatment including psychotropic medication.
(h) That every pregnant person and every person who has given birth in the 15
past 6 months who is determined to be suffering from postpartum depression has 16
access to evidence-based therapeutic care for depression.
(i) That every person who has given birth in the past 12 months whose body is 18
producing breast milk has access to the necessary supplies and is provided an 19
opportunity to express the breast milk as needed to maintain an active supply of 20
(j) That every pregnant person and every person who has given birth in the past 22
6 months is advised orally and in writing of all applicable laws and policies governing 23
an incarcerated pregnant or postpartum person.