Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB1013

Introduced
2/8/24  
Refer
2/8/24  

Caption

Treatment of person in labor and postpartum person in prison and jail. (FE)

Impact

If enacted, SB1013 will amend existing state laws to enhance the healthcare provisions for pregnant and postpartum individuals in correctional settings. It mandates that pregnant individuals receive pregnancy testing and STI testing, as well as educational materials regarding pregnancy and parenting. Furthermore, the bill emphasizes the importance of mental health assessments and access to necessary treatments, which reflect a significant shift towards improved health outcomes for this vulnerable population. This legislative change could promote public health within correctional facilities and foster better reintegration processes post-incarceration.

Summary

Senate Bill 1013 addresses the treatment of individuals who are pregnant or postpartum while in the custody of correctional facilities. The bill specifically limits the use of physical restraints on people in labor or those who have given birth within three days. Restraints can only be applied under certain conditions, such as substantial flight risk or medical emergencies, ensuring that such measures prioritize the safety of all parties involved. This lays the foundation for a more humane approach to incarcerated individuals during critical times related to childbirth and recovery.

Contention

Despite the potential benefits, SB1013 may face contention from various stakeholders regarding the practical implementation of its provisions. Some critics may argue about the financial implications for correctional facilities and the adequacy of resources required to provide these mandated services, particularly those related to mental health treatment and doula assistance. Additionally, differing opinions may arise on the balance between security concerns and the significance of maternal and neonatal health, particularly regarding the use of restraints during childbirth.

Notable_points

SB1013 represents a critical step towards addressing the health rights of women in the penal system. By focusing on the distinct needs of pregnant and postpartum individuals, the bill aspires to align correctional practices with contemporary understandings of women's health and rights. This legislation may also set a precedent for similar policies in other states, thereby influencing broader reform efforts across the nation in terms of how incarcerated individuals are treated during sensitive periods of their lives.

Companion Bills

No companion bills found.

Previously Filed As

WI AB1113

Treatment of person in labor and postpartum person in prison and jail. (FE)

WI AB732

County jails: prisons: incarcerated pregnant persons.

WI SB00013

An Act Concerning The Fair Treatment Of Incarcerated Persons.

WI AB2740

Incarcerated persons: prenatal and postpartum care.

WI HB0326

Pregnant and Postpartum Inmate Amendments

WI HB0429

Pregnant and Postpartum Inmate Amendments

WI HB2337

Prisoners; medical treatment; pregnancy; requirements

WI HB2639

Prisoners; medical treatment; pregnancy; requirements

WI HB2458

Prisoners; medical treatment; pregnancy; requirements

WI HB0358

Pregnant and Postpartum Inmate Amendments

Similar Bills

CA AB923

Detention and incarceration of pregnant and postpartum defendants.

CA AB2160

California Women’s Care Act.

CO HB1187

Alternatives In Criminal Justice System And Pregnant Persons

NJ A5643

Prohibits State Police from requiring pregnant and postpartum troopers to take physical fitness exam.

CA AB1676

Health care: mental health.

CA AB935

Telehealth: mental health.

CA AB2360

Telehealth: mental health.

PA HB900

In general administration, further providing for State recording system for application of restraints to pregnant prisoners or detainees; in county correctional institutions, further providing for county recording system for application of restraints to pregnant prisoners or detainees; providing for Department of Human Services facilities; and, in miscellaneous provisions, further providing for healthy birth for incarcerated women and providing for restrictive housing prohibited for pregnant or postpartum incarcerated individuals and detainees, for cavity search and inspection restrictions, for training and education requirement, for feminine hygiene and incontinence products and for postpartum recovery.