SENATE PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR

SENATE BILL 363

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

AN ACT

RELATING TO INCARCERATED WOMEN; ENACTING THE EXPECTANT AND POSTPARTUM PRISONERS ACT; PROVIDING FOR THE RELEASE OF WOMEN WHO ARE EXPECTING A CHILD OR LACTATING; REQUIRING JAILS AND PRISONS TO DEVELOP POLICIES FOR LACTATING PRISONERS.

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, to provide for better medical care for these women, to promote more efficient use of the medical resources of the corrections department 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. The court shall take into account a woman's pregnancy and lactation status when determining whether she is eligible for release or bond and in the computation of good time credit. A presumption shall be made in favor of release for a woman who is pregnant or lactating.

          B. At the court's discretion, a woman who is due to give birth may be granted release 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 public safety or 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 release. The conditions of release may include electronic monitoring.

          C. As used in this section, "release" means a temporary leave of absence from incarceration, after which, the woman shall be remanded to custody to serve the duration of her sentence.

     SECTION 4. [NEW MATERIAL] BREAST MILK AND BREASTFEEDING.--The secretary of corrections and detention administrators shall develop policies for lactating prisoners to express milk for the purpose of maintaining breast milk supply.

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