SENATE BILL 363

52nd legislature - STATE OF NEW MEXICO - first session, 2015

INTRODUCED BY

Lisa A. Torraco

AN ACT

RELATING TO INCARCERATED WOMEN; ENACTING THE EXPECTANT AND POSTPARTUM PRISONERS ACT; PROVIDING FOR THE RELEASE OR FURLOUGH OF WOMEN WHO ARE EXPECTING A CHILD OR LACTATING; REQUIRING JAILS AND PRISONS TO ACCOMMODATE WOMEN WHO WISH TO PROVIDE BREAST MILK FOR THE WOMAN'S CHILD.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. [NEW MATERIAL] SHORT TITLE.--This act may be cited as the "Expectant and Postpartum Prisoners Act".

     SECTION 2. [NEW MATERIAL] LEGISLATIVE FINDINGS--PURPOSE OF ACT.--The legislature finds that pregnant and lactating women who are detained in the state's prisons and jails, and their children, have special needs and present particular challenges to the administrators of the state's correctional and detention facilities. The purpose of the Expectant and Postpartum Prisoners Act is to provide a framework for the care and treatment of pregnant and lactating women who come under the supervision of the state's prisons and jails and to support the needs of newborn children and encourage family bonding.

     SECTION 3. [NEW MATERIAL] RELEASE OF WOMEN WHO ARE PREGNANT OR LACTATING.--

          A. Courts, the corrections department, jail administrators and county sheriffs shall take into account a woman's pregnancy and lactation status when determining whether she is eligible for release or bond, or in the computation of earned meritorious deductions or good time credit. A presumption shall be made in favor of release for a woman who is pregnant or lactating, unless there is good cause to keep the woman in a correctional setting.

          B. A woman who is due to give birth shall be released on alternative monitoring or granted furlough, if she desires it, from incarceration in a prison or jail prior to the presumptive birth date of her child and after the birth of her child, unless a finding is made in court that the well-being of the woman or her child would not be best served outside of a correctional setting. A woman released pursuant to this section shall be placed on the least restrictive conditions of release necessary to ensure her return to custody for the duration of her furlough. The conditions of release may include electronic monitoring.

     SECTION 4. [NEW MATERIAL] BREAST MILK AND BREASTFEEDING.--The secretary of corrections and the administrators of the state's jails shall develop policies to:

          A. allow for lactating prisoners to express milk for the purpose of maintaining breast milk supply;

          B. provide sanitary storage for a prisoner's breast milk, if the woman desires the milk to be stored; and

          C. allow for visits to enable breastfeeding of the prisoner's child or allow for the timely collection of the breast milk expressed by the prisoner for her child by the prisoner's family or relatives or other designated individuals.

     SECTION 5. TEMPORARY PROVISION--RECOMPILATION.--Section 33-1-4.2 NMSA 1978 (being Laws 2009, Chapter 73, Section 1) is recompiled into the Expectant and Postpartum Prisoners Act.

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