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