UNOFFICIAL COPY 25 RS BR 1818
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AN ACT relating to pregnant inmates. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
ď˘Section 1. KRS 196.175 is amended to read as follows: 3
(1) As used in this section: 4
(a) "Certified professional midwifery services" has the same meaning as in 5
KRS 314.400; and 6
(b) "Doula services" means services provided by a trained doula who provides 7
physical, emotional, and educational support, but not medical care, to 8
mothers before, during, and after childbirth. Doula services include but are 9
not limited to: 10
1. Support and assistance during labor and childbirth; 11
2. Prenatal and postpartum education; 12
3. Breastfeeding assistance; 13
4. Parenting education; and 14
5. Support in the event that a woman has been or will become separated 15
from her child. 16
(2) For any inmate housed in a jail, penitentiary, or local or state correctional or 17
detention facility, residential center, or reentry center who is known to be pregnant: 18
(a)[(1)] The facility shall provide the inmate notice of, access to, and a written 19
application for community-based programs serving pregnant, birthing, or 20
lactating inmates. At a minimum, the notice shall contain how to qualify for 21
the programs as well as timelines for applying and the process for appealing a 22
denial. If a community-based program accepts the inmate but is denied access 23
to the facility, the facility shall provide to the inmate, in writing within fifteen 24
(15) days of the request, the safety or security concerns for the inmate, infant, 25
public, or staff that led to the denial;[.] 26
(b)[(2)] The facility shall refer the inmate to a social worker who shall: 27 UNOFFICIAL COPY 25 RS BR 1818
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1.[(a)] Discuss with the inmate the options available for feeding, 1
placement, and care of the infant, including the benefits of lactation; 2
2.[(b)] Provide the inmate access to a phone to contact family regarding 3
placement of the infant; and 4
3.[(c)] Oversee the placement of the infant; and[.] 5
(c)[(3)] For up to seventy-two (72) hours after the birth, the facility shall ensure 6
that: 7
1.[(a)] The infant is allowed to remain with the inmate, unless a medical 8
professional determines that doing so would pose a health or safety risk 9
to the inmate or infant; and 10
2.[(b)] The inmate has access to nutritional or hygiene-related products 11
necessary to care for the infant, including but not limited to diapers. 12
Such products shall be provided free of charge to indigent inmates. 13
(3) For any inmate housed in a jail, penitentiary, or local or state correctional or 14
detention facility, residential center, or reentry center who is known to be 15
pregnant or who has given birth in the last six (6) weeks: 16
(a) The facility shall provide reasonable accommodations for the provision of 17
certified professional midwifery services or doula services; and 18
(b) Persons providing certified professional midwifery services or doula services 19
shall be: 20
1. Granted appropriate facility access; 21
2. Allowed to attend and provide assistance during labor and childbirth 22
where feasible; and 23
3. Granted access to the inmate's relevant health care information if the 24
inmate authorizes disclosure. 25