Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H2658 Compare Versions

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

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 1570 FILED ON: 1/15/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 2658
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Jay D. Livingstone and Mindy Domb
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act to provide reproductive health care to incarcerated individuals.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Jay D. Livingstone8th Suffolk1/15/2025Mindy Domb3rd Hampshire1/15/2025Lindsay N. Sabadosa1st Hampshire2/4/2025Priscila S. Sousa6th Middlesex2/4/2025Natalie M. Higgins4th Worcester2/4/2025Samantha Montaño15th Suffolk2/4/2025Danillo A. Sena37th Middlesex2/4/2025Marjorie C. Decker25th Middlesex2/25/2025Erika Uyterhoeven27th Middlesex2/25/2025Manny Cruz7th Essex2/25/2025 1 of 4
16	16	HOUSE DOCKET, NO. 1570 FILED ON: 1/15/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 2658
18	18	By Representatives Livingstone of Boston and Domb of Amherst, a petition (accompanied by
19	19	bill, House, No. 2658) of Jay D. Livingstone, Mindy Domb and others for legislation to provide
20	20	reproductive health care to incarcerated individuals. Public Safety and Homeland Security.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Fourth General Court
24	24	(2025-2026)
25	25	_______________
26	26	An Act to provide reproductive health care to incarcerated individuals.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Chapter 127 of the General Laws, as appearing in the 2020 Official Edition,
30	30	2is hereby amended by inserting after section 169 the following section:-
31	31	3 Section 170. As used in this chapter, the following words shall have the following
32	32	4meanings unless the context clearly requires otherwise:
33	33	5 “Contraceptive services,” contraceptive counseling and initiation, continuation,
34	34	6surveillance, and discontinuation of contraceptive methods.
35	35	7 “Reversible birth control methods,” includes birth control methods other than
36	36	8sterilization, including but not limited to, intrauterine devices, the contraceptive implant,
37	37	9injectable medroxyprogesterone, combined oral contraceptive pills, progestin-only contraceptive
38	38	10pills, contraceptive patches, vaginal contraceptive rings, diaphragms, cervical caps, contraceptive
39	39	11sponges, internal and external condoms, and spermicides. 2 of 4
40	40	12 “Emergency contraception,” birth control methods that are used to prevent pregnancy
41	41	13after sexual intercourse.
42	42	14 “Nonprescription birth control methods,” birth control methods available without a
43	43	15prescription from a health care provider, including but not limited to internal and external
44	44	16condoms, spermicides, fertility awareness-based methods, and certain emergency contraceptive
45	45	17methods.
46	46	18 “Undue barriers,” processes or procedures that are not in line with standards of medical
47	47	19care and that would cause significant expense or difficulty if carried out, including but not
48	48	20limited to barriers to transportation to appropriate clinical services, unreasonably delaying access
49	49	21to care, disclosure of personal information to correctional facility staff, and without requiring
50	50	22disclosure of personal information beyond what is medically necessary to safely prescribe
51	51	23contraceptives.
52	52	24 Contraceptive services, including but not limited to reversible birth control methods,
53	53	25emergency contraception, and non-prescription birth control methods shall be made available to
54	54	26incarcerated persons at any time upon request.
55	55	27 The department of correction, in consultation with the department of public health and
56	56	28Massachusetts Sheriffs Association, Inc., shall establish regulations for distribution that consists
57	57	29of all FDA-approved birth control methods and that shall be available free of charge and without
58	58	30undue barriers to all incarcerated persons capable of pregnancy.
59	59	31 Any incarcerated person capable of pregnancy shall, upon request, be allowed to continue
60	60	32birth control methods as prescribed by a physician, nurse practitioner, certified nurse midwife, or
61	61	33physician assistant prior to incarceration. 3 of 4
62	62	34 Contraceptive counseling and family planning services shall be offered and made
63	63	35available to all incarcerated persons who are capable of becoming pregnant at least 60 days, but
64	64	36not longer than 180 days, prior to a scheduled release date; provided, however, that such visits be
65	65	37voluntary and not mandatory.
66	66	38 The prison health care provider shall refer any individual using contraceptives to a
67	67	39medical provider who can manage the method at the time of release and provide refills of the
68	68	40medication through 12-months, as indicated.
69	69	41 Any incarcerated person who is capable of becoming pregnant shall be furnished by the
70	70	42facility with information and education regarding the availability of family planning services and
71	71	43their right to receive nondirective, unbiased, and noncoercive contraceptive services. Each
72	72	44facility shall post this information in conspicuous places to which all incarcerated persons who
73	73	45are capable of becoming pregnant have access.
74	74	46 The Department of Correction shall implement this section no later than 1 year after its
75	75	47passage.
76	76	48 SECTION 2. Section 118 of chapter 127 of the General Laws, as appearing in the 2020
77	77	49Official Edition, is hereby amended by adding the following subsection:-
78	78	50 (d) Incarcerated persons found to be pregnant requesting an abortion, shall be permitted
79	79	51to determine their eligibility for an abortion pursuant to state law, and if determined to be
80	80	52eligible, shall be permitted to obtain an abortion after giving informed consent. A prison shall not
81	81	53confer authority or discretion to nonmedical prison staff to decide if a pregnant person is eligible
82	82	54for an abortion. 4 of 4
83	83	55 The department of correction shall, in consultation with the department of public health
84	84	56and the Massachusetts Sheriffs Association, Inc., develop appropriate standards of care and
85	85	57written policies for abortion.
86	86	58 SECTION 3. Subsection (a) of section 118 of chapter 127 of the General Laws, as
87	87	59appearing in the 2020 Official Edition, is hereby amended by inserting, in line 2, after the word
88	88	60“sentencing” the following words:- “or upon request at any time during incarceration” and by
89	89	61inserting, in line 6, after the word “tests;” the following words:- “provided, however, that
90	90	62pregnancy tests be voluntary and not mandatory.”
91	91	63 SECTION 4. Subsection (a) of section 118 of chapter 127 of the General Laws, as
92	92	64appearing in the 2020 Official Edition, is hereby amended by inserting, in line 7, after the word
93	93	65“material” the following words:- “that includes unbiased information about prenatal health care,
94	94	66adoption, and abortion from a licensed healthcare professional” and inserting, in line 9, after the
95	95	67word “inmates;” the following words:- provided, however, that prison staff shall not urge, force,
96	96	68or otherwise influence a pregnant person’s decision”.