LRB-3316/1
MLJ:cdc
2021 - 2022 LEGISLATURE
March 10, 2022 - Introduced by Representatives Subeck, Snodgrass, Cabrera,
Conley, Drake, Emerson, Hebl, Hesselbein, Hong, Pope, S. Rodriguez,
Sinicki, Spreitzer, Vining, Andraca and Stubbs, cosponsored by Senators L.
Taylor, Roys, Ringhand and Larson. Referred to Committee on Rules.
AB1150,1,2
1An Act to create 302.085 of the statutes;
relating to: treatment of person in
2labor and postpartum person in prison and jail.
Analysis by the Legislative Reference Bureau
Treatment of pregnant and postpartum person in prison and jail
This bill limits the use of physical restraints on people who are in labor and
postpartum people who are in the custody of a correctional facility. Under the bill,
a person in labor or a person who has given birth in the preceding three days may
not be restrained unless there is a substantial flight risk or some other extraordinary
medical or security circumstance that requires restraints be used to ensure the
safety and security of the person, the staff of the correctional or medical facility, other
inmates, or the public; there has been an individualized determination that
restraints are necessary to prevent escape or injury or ensure the safety and security
of the person, the staff of the correctional or medical facility, other inmates, or the
public; there is no objection to the use of restraints by the treating medical care
provider; and any restraints used are the least restrictive possible under the
circumstances.
In addition, the bill requires that every woman in the custody of a correctional
facility be offered testing for pregnancy, and, if pregnant, be offered testing for
sexually transmitted infections. The bill also requires the correctional facility where
the pregnant or postpartum person is being confined to provide information related
to pregnancy, labor, and the postpartum period, and to provide access to certain
health services related to pregnancy, labor, and the postpartum period.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB1150,1
1Section 1
. 302.085 of the statutes is created to read:
AB1150,2,3
2302.085 Treatment of a person in labor or postpartum person. (1) 3Definitions. In this section:
AB1150,2,44
(a) “Correctional facility” has the meaning given in s. 101.123 (1) (ac).
AB1150,2,75
(b) “Doula” means a nonmedical, trained professional who provides continuous
6physical, emotional, and informational support during pregnancy, labor, birth, and
7the postpartum period.
AB1150,2,108
(c) “Doula services" means childbirth education and support services, including
9emotional, physical, and informational support provided during pregnancy, labor,
10birth, and the postpartum period.
AB1150,2,1211
(d) “Postpartum” means the period of time following the birth of an infant to
126 months after the birth.
AB1150,2,1413
(e) “Restrain” means to use a mechanical, chemical, or other device to constrain
14the movement of a person's body or limbs.
AB1150,2,17
15(2) Restraining a person in labor or postpartum person. (a) A representative
16of a correctional facility may restrain a person who is in labor or who has given birth
17in the preceding 3 days only if all of the following apply:
AB1150,2,2118
1. There is a substantial flight risk or some other extraordinary medical or
19security circumstance that requires restraints be used to ensure the safety and
20security of the person, the staff of the correctional or medical facility, other inmates,
21or the public.
AB1150,3,4
12. The representative has made an individualized determination that
2restraints are necessary to prevent escape or injury or ensure the safety and security
3of the person, the staff of the correctional or medical facility, other inmates, or the
4public.
AB1150,3,65
3. There is no objection to the use of restraints by the treating medical care
6provider.
AB1150,3,87
4. The restraints used are the least restrictive effective type and are used in
8the least restrictive manner.
AB1150,3,119
(b) All staff members who may come into contact with a person in labor or
10postpartum person at any correctional facility shall receive training on the
11requirements of this subsection on an annual basis.
AB1150,3,13
12(3) Treatment of a pregnant or postpartum person. A correctional facility
13shall ensure all of the following for every person incarcerated at the facility:
AB1150,3,1414
(a) That every woman under 50 years of age is offered testing for pregnancy.
AB1150,3,1615
(b) That every pregnant person is offered testing for sexually transmitted
16infections, including HIV.
AB1150,3,1817
(c) That every pregnant person who is on a medication-assisted treatment be
18provided continuing medication-assisted treatment.
AB1150,3,2119
(d) That every pregnant person and every person who has given birth in the
20past 6 weeks is provided appropriate educational materials and resources related to
21pregnancy, childbirth, breastfeeding, and parenting.
AB1150,3,2522
(e) That every pregnant person and every person who has given birth in the
23past 6 weeks has access to doula services if these services are provided by a doula
24without charge to the correctional facility or the incarcerated person pays for the
25doula services.
AB1150,4,3
1(f) That every pregnant person and every person who has given birth in the past
26 months has access to a mental health assessment and, if necessary, mental health
3treatment.
AB1150,4,64
(g) That every pregnant person and every person who has given birth in the
5past 6 months who is determined to be suffering from a mental illness has access to
6evidence-based mental health treatment including psychotropic medication.
AB1150,4,107
(h) That every pregnant person who is determined to be suffering from
8depression and every person who has given birth in the past 6 months who is
9determined to be suffering from postpartum depression has access to
10evidence-based therapeutic care for depression.
AB1150,4,1411
(i) That every person who has given birth in the past 12 months whose body is
12producing breast milk has access to the necessary supplies and is provided an
13opportunity to express the breast milk as needed to maintain an active supply of
14breast milk.
AB1150,4,1715
(j) That every pregnant person and every person who has given birth in the past
166 months is advised orally and in writing of all applicable laws and policies governing
17an incarcerated pregnant or postpartum person.
