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(b) A representative of a correctional facility may not restrain a person known
6to be pregnant while the person is being transported if the restraint is through the
7use of leg irons, waist chains or other devices that cross or otherwise touch the
8person's abdomen, or handcuffs or other devices that cross or otherwise touch the
9person's wrists when affixed behind the person's back.
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(c) A representative of a correctional facility may not place a person known to
11be pregnant in solitary confinement for any punitive purpose.
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(d) A representative of a correctional facility may restrain a person who is in
13labor or who has given birth in the preceding 3 days only if all of the following apply:
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1. There is a substantial flight risk or some other extraordinary medical or
15security circumstance that requires restraints be used to ensure the safety and
16security of the person, the staff of the correctional or medical facility, other inmates,
17or the public.
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2. The representative has made an individualized determination that
19restraints are necessary to prevent escape or ensure safety or security.
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3. There is no objection to the use of restraints by the treating medical care
21provider.
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4. The restraints used are the least restrictive effective type and are used in
23the least restrictive manner.
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1(e) All staff members who may come into contact with a pregnant or postpartum
2person at any correctional facility shall receive training on the requirements of this
3subsection on an annual basis.
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4(3) Treatment of a pregnant or postpartum person. A correctional facility
5shall ensure all of the following for every person incarcerated at the facility:
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(a) That every woman under 50 years of age is offered testing for pregnancy.
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(b) That every pregnant person is offered testing for sexually transmitted
8infections, including HIV.
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(c) That every pregnant person who is on a methadone treatment regimen be
10provided continuing methadone treatment.
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(d) That every pregnant person and every person who has given birth in the
12past 6 weeks is provided appropriate educational materials and resources related to
13pregnancy, childbirth, breastfeeding, and parenting.
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(e) That every pregnant person and every person who has given birth in the
15past 6 weeks has access to doula services if these services are provided by a doula
16without charge to the correctional facility or the incarcerated person pays for the
17doula services.
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(f) That every pregnant person and every person who has given birth in the past
196 months has access to a mental health assessment and, if necessary, mental health
20treatment.
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(g) That every pregnant person and every person who has given birth in the
22past 6 months who is determined to be suffering from a mental illness has access to
23evidence-based mental health treatment including psychotropic medication.
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(h) That every pregnant person who is determined to be suffering from
25depression and every person who has given birth in the past 6 months who is
1determined to be suffering from postpartum depression has access to
2evidence-based therapeutic care for depression.
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(i) That every person who has given birth in the past 12 months whose body is
4producing breast milk has access to the necessary supplies and is provided an
5opportunity to express the breast milk as needed to maintain an active supply of
6breast milk.
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(j) That every pregnant person and every person who has given birth in the past
86 months is advised orally and in writing of all applicable laws and policies governing
9an incarcerated pregnant or postpartum person.”.
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11“
Section
113. 967.056 of the statutes is created to read:
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12967.056 Prosecution of offenses; disorderly conduct. (1) If a person is
13accused of or charged with disorderly conduct in violation of s. 947.01 or a local
14ordinance in conformity with s. 947.01, a prosecutor shall offer the person an
15alternative to prosecution under sub. (2) if all of the following apply:
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(a) The accused or charged violation is the person's first violation of s. 947.01.
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(b) The person has not previously been convicted of a misdemeanor or felony
18for conduct that is substantially similar to the accused or charged violation.
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(c) The person has not been convicted of a felony in this state, or of a violation
20in another state that would be a felony if committed by an adult in this state, in the
21preceding 3 years.
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22(2) A prosecutor shall offer one of the following alternatives to prosecution to
23a qualifying person under sub. (1):
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(a) A deferred prosecution agreement that includes restitution, if applicable.
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1(b) An agreement in which the defendant stipulates to his or her guilt of a
2noncriminal ordinance violation that includes payment of a forfeiture.”.