Budget Amendment ID: FY2025-S4-1007
EPS 1007
Reproductive Health for Justice Involved Women
Ms. Rausch moved that the proposed new text be amended in section 2, in item 8900-0001, by adding the following words:- “; provided further, that any time restraints are used on a pregnant or postpartum inmate, the superintendent of a state correctional facility or administrator of a county correctional facility shall submit a report within 48 hours to the secretary of public safety and security, which shall include the date, time, duration, location and the rationale for the use of restraints but not including any individually identifiable information; provided further, that not later than July 1, 2025, the secretary of public safety shall submit to the joint committee on public safety and homeland security, the joint committee on the judiciary, the house and senate committees on ways and means, and the clerks of the house and senate a report detailing all incidents involving use of restraints on pregnant or postpartum inmates; provided further, that not less than $20,000 shall be expended to the department of public health for creating and distributing a user-friendly, culturally competent, and linguistically diverse brochure containing written information on women’s health, contraception, and sexually transmitted infections to the health services units of correctional institutions in the commonwealth, which the department of corrections shall make available to all prisoners upon admission to said correctional institutions or at any time thereafter; provided further, that not less than $30,000 shall be expended to the department of corrections to develop and administer a health education course in consultation with the commissioner of public health to be offered in each correctional institution where women are incarcerated no less than twice yearly which shall include, but not be limited to, general health, nutrition, mental health, women’s health concerns, domestic violence, substance abuse, sexually transmitted infections, contraception, emergency contraception, sex education, and pregnancy”;
and by inserting after section __ the following sections:-
“SECTION _. Chapter 127 of the General Laws is hereby amended by inserting after section 16A the following new sections:-
Section 16B. Upon admission to a correctional institution and at any time thereafter, the health services unit in each correctional institution where women are incarcerated shall make available to all prisoners written information on women’s health, contraception, and sexually transmitted infections. A user-friendly, culturally competent, and linguistically diverse brochure containing the aforementioned information shall be created and distributed by the department of public health.
Section 16C. Not less than 4 months prior to the date of release for a female prisoner of child-bearing age, the medical director of the correctional institution where the prisoner is incarcerated shall offer the prisoner contraception counseling and a gynecological exam including a Pap Test. Following said counseling, the medical director shall offer to provide her with the form of contraception she so chooses including but not limited to: female condoms, male condoms, diaphragm, cervical cap, intra-uterine device, prescription birth control, or contraceptive sponges. If the prisoner selects a type of contraception that must be taken for a period of time before it becomes effective, then the prisoner shall begin the regimen not less than three months prior to her date of release. Said medication shall be distributed during regular medication distribution. Upon her release, the medical director shall furnish the woman with a 12-month prescription to refill her medication, a referral to a pharmacy or doctor where said prescription can be refilled, and a referral to a primary care physician or gynecologist for follow up care. The foregoing notwithstanding, no prisoner shall be required to undergo a gynecological exam or accept or utilize any type of contraception.
SECTION _. Said chapter 127, as so appearing, is hereby further amended by inserting after section 96B the following new section:-
Section 96C. The superintendent of each correctional institution where women are incarcerated shall offer a course on health education open to all eligible prisoners incarcerated in said institutions. The course shall be offered no less than twice yearly and shall include, but not be limited to, the following topics: general health, nutrition, mental health, women’s health concerns, domestic violence, substance abuse, sexually transmitted infections, contraception, emergency contraception, sex education, and pregnancy. Said course shall be developed in consultation with the commissioner of public health.”
SECTION _. Said chapter 127, as so appearing, is hereby further amended in subsection (b) of section 118 by adding the following paragraph:- For purposes of this section, “postpartum recovery” shall mean the time period that occurs immediately following childbirth up to a minimum of 6 weeks, or longer as determined by a physician.
SECTION _. Said section 118 of chapter 127, as so appearing, is hereby further amended by striking out the words “post-delivery recuperation” in lines 45 and 62, in each instance, and inserting in place thereof the following words:- postpartum recovery.
SECTION _. Said section 118 of chapter 127, as so appearing, is hereby further amended by inserting, in line 46, after the word “physician” the following words:- or emergency medical personnel.
SECTION _. Said section 118 of chapter 127, as so appearing, is hereby further amended by inserting, in line 72, after the word “inmate” the following words:- under any circumstances or in any setting.
SECTION _. Said section 118 of chapter 127, as so appearing, is hereby further amended by inserting, in line 78, after the word “superintendent” the following words:- of a state correctional facility or administrator of a county facility.
SECTION _. Said section 118 of chapter 127, as so appearing, is hereby further amended by adding the following 3 paragraphs:-
The commissioner of correction and administrator of each county correctional facility shall require annual training of staff members who transport or supervise female prisoners as to the provisions of this section.
Any time restraints are used on a pregnant or postpartum inmate, the superintendent of a state correctional facility or administrator of a county correctional facility shall submit a report within 48 hours to the secretary of public safety and security, which shall include the date, time, duration, location and the rationale for the use of restraints, provided, however, that such reports shall not contain individually identifying information.
Annually not later than July 1, the secretary of public safety shall submit to the joint committee on public safety and homeland security, the joint committee on the judiciary, the house and senate committees on ways and means, and the clerks of the house and senate a report detailing all incidents involving use of restraints on pregnant or postpartum inmates.”