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LRB-2816/1
MLJ:emw
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
Safety.
SB393,1,2 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:
SB393,1 3Section 1. 302.085 of the statutes is created to read:
SB393,2,2
1302.085 Treatment of a pregnant or postpartum person. (1) Definitions.
2In this section:
SB393,2,33 (a) “Correctional facility” has the meaning given in s. 101.123 (1) (ac).
SB393,2,64 (b) “Doula” means a nonmedical, trained professional who provides continuous
5physical, emotional, and informational support during pregnancy, labor, birth, and
6the postpartum period.
SB393,2,97 (c) “Doula services" means childbirth education and support services, including
8emotional, physical, and informational support provided during pregnancy, labor,
9birth, and the postpartum period.
SB393,2,1110 (d) “Postpartum” means the period of time following the birth of an infant to
116 months after the birth.
SB393,2,1312 (e) “Restrain” means to use a mechanical, chemical, or other device to constrain
13the movement of a person's body or limbs.
SB393,2,19 14(2) Restraining a pregnant person. (a) A representative of a correctional
15facility may not restrain a person known to be pregnant unless the representative
16makes an individualized determination that restraints are reasonably necessary for
17the legitimate safety and security needs of the person, correctional staff, or public.
18If restraints are determined to be necessary, the restraints must be the least
19restrictive effective type and the most reasonable under the circumstances.
SB393,2,2420 (b) A representative of a correctional facility may not restrain a person known
21to be pregnant while the person is being transported if the restraint is through the
22use of leg irons, waist chains or other devices that cross or otherwise touch the
23person's abdomen, or handcuffs or other devices that cross or otherwise touch the
24person's wrists when affixed behind the person's back.
SB393,3,2
1(c) A representative of a correctional facility may not place a person known to
2be pregnant in solitary confinement for any punitive purpose.
SB393,3,43 (d) A representative of a correctional facility may restrain a person who is in
4labor or who has given birth in the preceding 3 days only if all of the following apply:
SB393,3,85 1. There is a substantial flight risk or some other extraordinary medical or
6security circumstance that requires restraints be used to ensure the safety and
7security of the person, the staff of the correctional or medical facility, other inmates,
8or the public.
SB393,3,109 2. The representative has made an individualized determination that
10restraints are necessary to prevent escape or injury.
SB393,3,1211 3. There is no objection to the use of restraints by the treating medical care
12provider.
SB393,3,1413 4. The restraints used are the least restrictive effective type and are used in
14the least restrictive manner.
SB393,3,1715 (e) All staff members who may come into contact with a pregnant or postpartum
16person at any correctional facility shall receive training on the requirements of this
17subsection on an annual basis.
SB393,3,19 18(3) Treatment of a pregnant or postpartum person. A correctional facility
19shall ensure all of the following for every person incarcerated at the facility:
SB393,3,2020 (a) That every woman under 50 years of age is offered testing for pregnancy.
SB393,3,2221 (b) That every pregnant person is offered testing for sexually transmitted
22infections, including HIV.
SB393,3,2423 (c) That every pregnant person who is on a methadone treatment regimen be
24provided continuing methadone treatment.
SB393,4,3
1(d) That every pregnant person and every person who has given birth in the
2past 6 weeks is provided appropriate educational materials and resources related to
3pregnancy, childbirth, breastfeeding, and parenting.
SB393,4,74 (e) That every pregnant person and every person who has given birth in the
5past 6 weeks has access to doula services if these services are provided by a doula
6without charge to the correctional facility or the incarcerated person pays for the
7doula services.
SB393,4,108 (f) That every pregnant person and every person who has given birth in the past
96 months has access to a mental health assessment and, if necessary, mental health
10treatment.
SB393,4,1311 (g) That every pregnant person and every person who has given birth in the
12past 6 months who is determined to be suffering from a mental illness has access to
13evidence-based mental health treatment including psychotropic medication.
SB393,4,1614 (h) That every pregnant person and every person who has given birth in the
15past 6 months who is determined to be suffering from postpartum depression has
16access to evidence-based therapeutic care for depression.
SB393,4,2017 (i) That every person who has given birth in the past 12 months whose body is
18producing breast milk has access to the necessary supplies and is provided an
19opportunity to express the breast milk as needed to maintain an active supply of
20breast milk.
SB393,4,2321 (j) That every pregnant person and every person who has given birth in the past
226 months is advised orally and in writing of all applicable laws and policies governing
23an incarcerated pregnant or postpartum person.
SB393,4,2424 (End)
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