Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB1113 Compare Versions

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

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 1113
5	5	February 23, 2024 - Introduced by Representatives SUBECK, SNODGRASS, C.
6	6	ANDERSON, J. ANDERSON, ANDRACA, BALDEH, BARE, BEHNKE, CLANCY, CONLEY,
7	7	CONSIDINE, EMERSON, JACOBSON, JOERS, MADISON, MOORE OMOKUNDE,
8	8	NEUBAUER, OHNSTAD, PALMERI, RATCLIFF, SCHUTT, SHELTON, SINICKI, STUBBS
9	9	and VINING, cosponsored by Senators ROYS, L. JOHNSON, AGARD, CARPENTER,
10	10	HESSELBEIN, LARSON, PFAFF, SMITH, SPREITZER and WIRCH. Referred to
11	11	Committee on Corrections.
12	12	*AUTHORS SUBJECT TO CHANGE*
13	13	AN ACT to create 302.085 of the statutes; relating to: treatment of person in
14	14	labor and postpartum person in prison and jail.
15	15	Analysis by the Legislative Reference Bureau
16	16	This bill limits the use of physical restraints on people who are in labor and
17	17	postpartum people who are in the custody of a correctional facility. Under the bill,
18	18	a person in labor or a person who has given birth in the preceding three days may
19	19	not be restrained unless there is a substantial flight risk or some other extraordinary
20	20	medical or security circumstance that requires restraints to be used to ensure the
21	21	safety and security of the person, the staff of the correctional or medical facility, other
22	22	inmates, or the public; there has been an individualized determination that
23	23	restraints are necessary to prevent escape or injury or ensure the safety and security
24	24	of the person, the staff of the correctional or medical facility, other inmates, or the
25	25	public; there is no objection to the use of restraints by the treating medical care
26	26	provider; and any restraints used are the least restrictive possible under the
27	27	circumstances.
28	28	In addition, the bill requires that every woman in the custody of a correctional
29	29	facility be offered testing for pregnancy, and, if pregnant, be offered testing for
30	30	sexually transmitted infections. The bill also requires the correctional facility where
31	31	the pregnant or postpartum person is being confined to provide information related
32	32	to pregnancy, labor, and the postpartum period, and to provide access to certain
33	33	health services related to pregnancy, labor, and the postpartum period.
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37	37	ASSEMBLY BILL 1113
38	38	For further information see the state and local fiscal estimate, which will be
39	39	printed as an appendix to this bill.
40	40	The people of the state of Wisconsin, represented in senate and assembly, do
41	41	enact as follows:
42	42	SECTION 1. 302.085 of the statutes is created to read:
43	43	302.085 Treatment of a person in labor or postpartum person. (1)
44	44	DEFINITIONS. In this section:
45	45	(a) “Correctional facility” has the meaning given in s. 101.123 (1) (ac).
46	46	(b) “Doula” means a nonmedical, trained professional who provides continuous
47	47	physical, emotional, and informational support during pregnancy, labor, birth, and
48	48	the postpartum period.
49	49	(c) “Doula services" means childbirth education and support services, including
50	50	emotional, physical, and informational support provided during pregnancy, labor,
51	51	birth, and the postpartum period.
52	52	(d) “Postpartum” means the period of time following the birth of an infant to
53	53	6 months after the birth.
54	54	(e) “Restrain” means to use a mechanical, chemical, or other device to constrain
55	55	the movement of a person's body or limbs.
56	56	(2) RESTRAINING A PERSON IN LABOR OR POSTPARTUM PERSON. (a) A representative
57	57	of a correctional facility may restrain a person who is in labor or who has given birth
58	58	in the preceding 3 days only if all of the following apply:
59	59	1. There is a substantial flight risk or some other extraordinary medical or
60	60	security circumstance that requires restraints to be used to ensure the safety and
61	61	security of the person, the staff of the correctional or medical facility, other inmates,
62	62	or the public.
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86	86	SECTION 1
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88	88	2. The representative has made an individualized determination that
89	89	restraints are necessary to prevent escape or injury or ensure the safety and security
90	90	of the person, the staff of the correctional or medical facility, other inmates, or the
91	91	public.
92	92	3. There is no objection to the use of restraints by the treating medical care
93	93	provider.
94	94	4. The restraints used are the least restrictive effective type and are used in
95	95	the least restrictive manner.
96	96	(b) All staff members who may come into contact with a person in labor or
97	97	postpartum person at any correctional facility shall receive training on the
98	98	requirements of this subsection on an annual basis.
99	99	(3) TREATMENT OF A PREGNANT OR POSTPARTUM PERSON. A correctional facility
100	100	shall ensure all of the following for every person incarcerated at the facility:
101	101	(a) That every woman under 50 years of age is offered testing for pregnancy.
102	102	(b) That every pregnant person is offered testing for sexually transmitted
103	103	infections, including HIV.
104	104	(c) That every pregnant person who is on a medication-assisted treatment be
105	105	provided continuing medication-assisted treatment.
106	106	(d) That every pregnant person and every person who has given birth in the
107	107	past 6 weeks is provided appropriate educational materials and resources related to
108	108	pregnancy, childbirth, breastfeeding, and parenting.
109	109	(e) That every pregnant person and every person who has given birth in the
110	110	past 6 weeks has access to doula services if these services are provided by a doula
111	111	without charge to the correctional facility or the incarcerated person pays for the
112	112	doula services.
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139	139	SECTION 1 ASSEMBLY BILL 1113
140	140	(f) That every pregnant person and every person who has given birth in the past
141	141	6 months has access to a mental health assessment and, if necessary, mental health
142	142	treatment.
143	143	(g) That every pregnant person and every person who has given birth in the
144	144	past 6 months who is determined to be suffering from a mental illness has access to
145	145	evidence-based mental health treatment including psychotropic medication.
146	146	(h) That every pregnant person who is determined to be suffering from
147	147	depression and every person who has given birth in the past 6 months who is
148	148	determined to be suffering from postpartum depression has access to
149	149	evidence-based therapeutic care for depression.
150	150	(i) That every person who has given birth in the past 12 months whose body is
151	151	producing breast milk has access to the necessary supplies and is provided an
152	152	opportunity to express the breast milk as needed to maintain an active supply of
153	153	breast milk.
154	154	(j) That every pregnant person and every person who has given birth in the past
155	155	6 months is advised orally and in writing of all applicable laws and policies governing
156	156	an incarcerated pregnant or postpartum person.
157	157	(END)
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