Indiana 2025 Regular Session

Indiana Senate Bill SB0444 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 444
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 11-8; IC 11-10-3.5; IC 11-12-4-1.
7	7	Synopsis: Incarcerated women's maternal health fund. Establishes the
8	8	Officer Breann Leath Memorial Prison Nursery (nursery) within a
9	9	correctional facility determined by the commissioner of the department
10	10	of correction (DOC). Specifies the criteria for operation, design, and
11	11	implementation of the nursery and minimum standards that govern the
12	12	nursery. Requires the DOC to provide an annual report to the
13	13	legislative council concerning the nursery. Amends the statute
14	14	requiring the DOC to adopt rules governing minimum standards for
15	15	county jails to include the provision of menstrual discharge collection
16	16	devices to inmates. Establishes the incarcerated women's maternal
17	17	health fund to provide funds to support the nursery. Makes a continuing
18	18	appropriation.
19	19	Effective: July 1, 2025.
20	20	Ford J.D.
21	21	January 13, 2025, read first time and referred to Committee on Corrections and Criminal
22	22	Law.
23	23	2025 IN 444—LS 6482/DI 129 Introduced
24	24	First Regular Session of the 124th General Assembly (2025)
25	25	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
26	26	Constitution) is being amended, the text of the existing provision will appear in this style type,
27	27	additions will appear in this style type, and deletions will appear in this style type.
28	28	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
29	29	provision adopted), the text of the new provision will appear in this style type. Also, the
30	30	word NEW will appear in that style type in the introductory clause of each SECTION that adds
31	31	a new provision to the Indiana Code or the Indiana Constitution.
32	32	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
33	33	between statutes enacted by the 2024 Regular Session of the General Assembly.
34	34	SENATE BILL No. 444
35	35	A BILL FOR AN ACT to amend the Indiana Code concerning
36	36	corrections and to make an appropriation.
37	37	Be it enacted by the General Assembly of the State of Indiana:
38	38	1 SECTION 1. IC 11-8-1-8.9 IS ADDED TO THE INDIANA CODE
39	39	2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
40	40	3 1, 2025]: Sec. 8.9. "Nursery" has the meaning set forth in
41	41	4 IC 11-10-3.5-1.
42	42	5 SECTION 2. IC 11-8-2-16 IS ADDED TO THE INDIANA CODE
43	43	6 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
44	44	7 1, 2025]: Sec. 16. (a) As used in this section, "fund" refers to the
45	45	8 incarcerated women's maternal health fund established by
46	46	9 subsection (b).
47	47	10 (b) The incarcerated women's maternal health fund is
48	48	11 established to provide funds to support the Officer Breann Leath
49	49	12 Memorial Prison Nursery established by IC 11-10-3.5-5.
50	50	13 (c) The fund consists of the following:
51	51	14 (1) Appropriations made by the general assembly.
52	52	15 (2) Gifts, bequests, donations, contributions, and grants from
53	53	16 any public or private source.
54	54	17 (d) The department shall administer the fund.
55	55	2025 IN 444—LS 6482/DI 129 2
56	56	1 (e) The expenses of administering the fund shall be paid from
57	57	2 money in the fund.
58	58	3 (f) The treasurer of state shall invest the money in the fund not
59	59	4 currently needed to meet the obligations of the fund in the same
60	60	5 manner as other public money may be invested. Interest that
61	61	6 accrues from these investments shall be deposited in the fund.
62	62	7 (g) Money in the fund at the end of a state fiscal year does not
63	63	8 revert to the state general fund.
64	64	9 (h) Money in the fund is continuously appropriated to carry out
65	65	10 the purposes of the fund.
66	66	11 SECTION 3. IC 11-10-3.5-1, AS ADDED BY P.L.78-2022,
67	67	12 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
68	68	13 JULY 1, 2025]: Sec. 1. The following definitions apply throughout this
69	69	14 chapter:
70	70	15 (1) "Correctional facility" has the meaning set forth in
71	71	16 IC 5-1.2-2-11.
72	72	17 (2) "Nursery" means the Officer Breann Leath Memorial
73	73	18 Prison Nursery established by section 5 of this chapter.
74	74	19 (2) (3) "Pregnant inmate" means a confined person who is
75	75	20 pregnant.
76	76	21 (3) (4) "Restraints" means any mechanical device used to control
77	77	22 the movement of a pregnant inmate's body or limbs, including
78	78	23 handcuffs, leg shackles, and belly chains.
79	79	24 SECTION 4. IC 11-10-3.5-5 IS ADDED TO THE INDIANA CODE
80	80	25 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
81	81	26 1, 2025]: Sec. 5. (a) The Officer Breann Leath Memorial Prison
82	82	27 Nursery is established within a correctional facility determined by
83	83	28 the commissioner.
84	84	29 (b) The department shall operate the nursery and shall ensure
85	85	30 that the operation, design, and implementation of the nursery is
86	86	31 undertaken with the consultation and guidance of subject matter
87	87	32 experts, who are not employed by the department or a vendor of
88	88	33 the department, from the following fields:
89	89	34 (1) Maternal health.
90	90	35 (2) Public health.
91	91	36 (3) Pediatrics.
92	92	37 (4) Child development.
93	93	38 (c) To implement this section, the department shall adopt rules
94	94	39 under IC 4-22-2 that contain the following minimum standards:
95	95	40 (1) Policies and procedures to augment the operation, design,
96	96	41 and implementation criteria established with subject matter
97	97	42 experts under subsection (b).
98	98	2025 IN 444—LS 6482/DI 129 3
99	99	1 (2) Policies and procedures that require the nursery to be
100	100	2 made available to appropriate inmates to facilitate the care of
101	101	3 an inmate's child up to the age of thirty (30) months.
102	102	4 (3) Policies and procedures that prohibit the use of an
103	103	5 incarcerated mother's parenting style as grounds for
104	104	6 punishment or discipline. This subdivision does not prohibit
105	105	7 the imposition of discipline or punishment if an incarcerated
106	106	8 mother's conduct is reasonably likely to:
107	107	9 (A) cause harm or injury to the child; or
108	108	10 (B) pose a threat to or endanger the well-being of the child.
109	109	11 (d) Before September 30 of each year, the department shall
110	110	12 report to the legislative council, in an electronic format under
111	111	13 IC 5-14-6, the following information for the preceding state fiscal
112	112	14 year:
113	113	15 (1) The number of pregnant inmates in the custody of the
114	114	16 department.
115	115	17 (2) The number of inmates considered for placement, and the
116	116	18 number of inmates actually placed, in the nursery.
117	117	19 SECTION 5. IC 11-12-4-1, AS AMENDED BY P.L.56-2023,
118	118	20 SECTION 82, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
119	119	21 JULY 1, 2025]: Sec. 1. (a) As used in this section, "menstrual
120	120	22 discharge collection device" means:
121	121	23 (1) tampons;
122	122	24 (2) panty liners;
123	123	25 (3) menstrual cups;
124	124	26 (4) sanitary napkins; and
125	125	27 (5) other similar tangible personal property designed to
126	126	28 promote hygiene in connection with the human menstrual
127	127	29 cycle.
128	128	30 (b) The department shall adopt under IC 4-22-2 minimum standards
129	129	31 for county jails governing the following:
130	130	32 (1) General physical and environmental conditions.
131	131	33 (2) Services and programs to be provided to confined persons.
132	132	34 (3) Procedures for the care and control of confined persons that
133	133	35 are necessary to ensure the health and safety of confined persons,
134	134	36 the security of the jail, and public safety. and
135	135	37 (4) The restraint of pregnant inmates. Rules adopted under this
136	136	38 subdivision must be consistent with IC 11-10-3.5.
137	137	39 (5) The provision of menstrual discharge collection devices to
138	138	40 inmates who menstruate. Rules adopted under this
139	139	41 subdivision must require the provision of menstrual discharge
140	140	42 collection devices, in an appropriate quantity and at no cost,
141	141	2025 IN 444—LS 6482/DI 129 4
142	142	1 to an inmate that seeks a menstrual discharge collection
143	143	2 device.
144	144	3 However, the department may not adopt any standard that prohibits the
145	145	4 placement of more than one (1) prisoner in a prisoner cell that has
146	146	5 thirty-five (35) square feet or more of floor space per prisoner.
147	147	6 (b) (c) The standards must be sufficiently flexible to foster the
148	148	7 development of new and improved practices and to accommodate local
149	149	8 needs and circumstances. The standards must be consistent with the
150	150	9 laws of Indiana and the rules of the Indiana department of health and
151	151	10 the fire prevention and building safety commission.
152	152	11 (c) (d) The commissioner shall select a committee of not less than
153	153	12 five (5) county sheriffs to consult with the department before and
154	154	13 during the drafting of the proposed minimum standards. County
155	155	14 sheriffs shall be selected from the various classes of counties to ensure
156	156	15 that densely, moderately, and sparsely populated counties are
157	157	16 represented. Each county sheriff is entitled to the minimum salary per
158	158	17 diem as provided in IC 4-10-11-2.1 for each day engaged in the official
159	159	18 business of the committee and to reimbursement for traveling and other
160	160	19 expenses, as provided in the state travel policies and procedures
161	161	20 established by the Indiana department of administration and approved
162	162	21 by the budget agency.
163	163	22 (d) (e) At least sixty (60) days before setting the date for a public
164	164	23 hearing under IC 4-22-2, the department shall forward copies of the
165	165	24 proposed minimum standards to each county sheriff and each board of
166	166	25 county commissioners and shall solicit their views and suggestions.
167	167	2025 IN 444—LS 6482/DI 129