Kansas House Bill HB2811

Kansas 2023-2024 Regular Session

• Introduced: 2/20/24
• Refer: 2/20/24
• Failed: 4/30/24

Caption

Directing the department of corrections to establish a correctional center nursery for incarcerated expectant mothers and their child to allow certain expectant mothers to care and bond with their child for up to 36 months while incarcerated.

Impact

The bill introduces significant changes to Kansas family law, particularly regarding how incarcerated mothers are treated in relation to their children. By permitting infants to reside with their mothers in a correctional setting, the legislation addresses potential developmental impacts on children born to incarcerated parents. The program is expected to alleviate some of the negative effects associated with maternal incarceration, promoting healthier familial bonds and potentially reducing future child welfare issues. Furthermore, it seeks to ensure that child's needs are prioritized, provided mothers meet specific eligibility criteria set forth by the Department of Corrections.

Summary

House Bill 2811 aims to establish a nursery program within the Topeka correctional facility specifically designed for incarcerated expectant mothers. This program allows eligible offenders to care for and bond with their newborns for up to 36 months after birth, facilitating a nurturing environment for children born to mothers in custody. The bill emphasizes that participation in the program does not affect the custodial rights of the mothers over their children, as it seeks to balance incarceration with parenting responsibilities.

Contention

Despite the bill's intentions, there are points of contention regarding its implementation and the eligibility restrictions placed on participants. Critics argue that not all incarcerated women will benefit from the program due to the stringent criteria, including those with certain felony convictions. Concerns also arise from the potential stigmatization of children raised within a correctional setting and debates about whether such programs should receive public funding and oversight. This legislation raises key questions about the rights of incarcerated women and the state’s role in facilitating family integrity among incarcerated populations, as it may not apply equally to all offenders.