Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB1013 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 SENATE BILL 1013
5	5	February 8, 2024 - Introduced by Senators ROYS, L. JOHNSON, AGARD, CARPENTER,
6	6	HESSELBEIN, LARSON, PFAFF, SMITH, SPREITZER and WIRCH, cosponsored by
7	7	Representatives SUBECK, SNODGRASS, C. ANDERSON, J. ANDERSON, ANDRACA,
8	8	BALDEH, BARE, BEHNKE, CLANCY, CONLEY, CONSIDINE, EMERSON, JACOBSON,
9	9	JOERS, MADISON, MOORE OMOKUNDE, NEUBAUER, OHNSTAD, PALMERI, RATCLIFF,
10	10	SCHUTT, SHELTON, SINICKI, STUBBS and VINING. Referred to Committee on
11	11	Judiciary and Public Safety.
12	12	AN ACT to create 302.085 of the statutes; relating to: treatment of person in
13	13	labor and postpartum person in prison and jail.
14	14	Analysis by the Legislative Reference Bureau
15	15	This bill limits the use of physical restraints on people who are in labor and
16	16	postpartum people who are in the custody of a correctional facility. Under the bill,
17	17	a person in labor or a person who has given birth in the preceding three days may
18	18	not be restrained unless there is a substantial flight risk or some other extraordinary
19	19	medical or security circumstance that requires restraints to be used to ensure the
20	20	safety and security of the person, the staff of the correctional or medical facility, other
21	21	inmates, or the public; there has been an individualized determination that
22	22	restraints are necessary to prevent escape or injury or ensure the safety and security
23	23	of the person, the staff of the correctional or medical facility, other inmates, or the
24	24	public; there is no objection to the use of restraints by the treating medical care
25	25	provider; and any restraints used are the least restrictive possible under the
26	26	circumstances.
27	27	In addition, the bill requires that every woman in the custody of a correctional
28	28	facility be offered testing for pregnancy, and, if pregnant, be offered testing for
29	29	sexually transmitted infections. The bill also requires the correctional facility where
30	30	the pregnant or postpartum person is being confined to provide information related
31	31	to pregnancy, labor, and the postpartum period, and to provide access to certain
32	32	health services related to pregnancy, labor, and the postpartum period.
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36	36	SENATE BILL 1013
37	37	For further information see the state and local fiscal estimate, which will be
38	38	printed as an appendix to this bill.
39	39	The people of the state of Wisconsin, represented in senate and assembly, do
40	40	enact as follows:
41	41	SECTION 1. 302.085 of the statutes is created to read:
42	42	302.085 Treatment of a person in labor or postpartum person. (1)
43	43	DEFINITIONS. In this section:
44	44	(a) “Correctional facility” has the meaning given in s. 101.123 (1) (ac).
45	45	(b) “Doula” means a nonmedical, trained professional who provides continuous
46	46	physical, emotional, and informational support during pregnancy, labor, birth, and
47	47	the postpartum period.
48	48	(c) “Doula services" means childbirth education and support services, including
49	49	emotional, physical, and informational support provided during pregnancy, labor,
50	50	birth, and the postpartum period.
51	51	(d) “Postpartum” means the period of time following the birth of an infant to
52	52	6 months after the birth.
53	53	(e) “Restrain” means to use a mechanical, chemical, or other device to constrain
54	54	the movement of a person's body or limbs.
55	55	(2) RESTRAINING A PERSON IN LABOR OR POSTPARTUM PERSON. (a) A representative
56	56	of a correctional facility may restrain a person who is in labor or who has given birth
57	57	in the preceding 3 days only if all of the following apply:
58	58	1. There is a substantial flight risk or some other extraordinary medical or
59	59	security circumstance that requires restraints to be used to ensure the safety and
60	60	security of the person, the staff of the correctional or medical facility, other inmates,
61	61	or the public.
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85	85	SECTION 1
86	86	SENATE BILL 1013
87	87	2. The representative has made an individualized determination that
88	88	restraints are necessary to prevent escape or injury or ensure the safety and security
89	89	of the person, the staff of the correctional or medical facility, other inmates, or the
90	90	public.
91	91	3. There is no objection to the use of restraints by the treating medical care
92	92	provider.
93	93	4. The restraints used are the least restrictive effective type and are used in
94	94	the least restrictive manner.
95	95	(b) All staff members who may come into contact with a person in labor or
96	96	postpartum person at any correctional facility shall receive training on the
97	97	requirements of this subsection on an annual basis.
98	98	(3) TREATMENT OF A PREGNANT OR POSTPARTUM PERSON. A correctional facility
99	99	shall ensure all of the following for every person incarcerated at the facility:
100	100	(a) That every woman under 50 years of age is offered testing for pregnancy.
101	101	(b) That every pregnant person is offered testing for sexually transmitted
102	102	infections, including HIV.
103	103	(c) That every pregnant person who is on a medication-assisted treatment be
104	104	provided continuing medication-assisted treatment.
105	105	(d) That every pregnant person and every person who has given birth in the
106	106	past 6 weeks is provided appropriate educational materials and resources related to
107	107	pregnancy, childbirth, breastfeeding, and parenting.
108	108	(e) That every pregnant person and every person who has given birth in the
109	109	past 6 weeks has access to doula services if these services are provided by a doula
110	110	without charge to the correctional facility or the incarcerated person pays for the
111	111	doula services.
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138	138	SECTION 1 SENATE BILL 1013
139	139	(f) That every pregnant person and every person who has given birth in the past
140	140	6 months has access to a mental health assessment and, if necessary, mental health
141	141	treatment.
142	142	(g) That every pregnant person and every person who has given birth in the
143	143	past 6 months who is determined to be suffering from a mental illness has access to
144	144	evidence-based mental health treatment including psychotropic medication.
145	145	(h) That every pregnant person who is determined to be suffering from
146	146	depression and every person who has given birth in the past 6 months who is
147	147	determined to be suffering from postpartum depression has access to
148	148	evidence-based therapeutic care for depression.
149	149	(i) That every person who has given birth in the past 12 months whose body is
150	150	producing breast milk has access to the necessary supplies and is provided an
151	151	opportunity to express the breast milk as needed to maintain an active supply of
152	152	breast milk.
153	153	(j) That every pregnant person and every person who has given birth in the past
154	154	6 months is advised orally and in writing of all applicable laws and policies governing
155	155	an incarcerated pregnant or postpartum person.
156	156	(END)
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