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HOUSE BILL NO. 375
INTRODUCED BY W. MCKAMEY
A BILL FOR AN ACT ENTITLED: "AN ACT ESTABLISHING INCARCERATION STANDARDS FOR PREGNANT WOMEN IN DETENTION CENTERS AND STATE PRISONS; REQUIRING A PREGNANCY TEST TO BE OFFERED TO FEMALE INMATES ON ADMISSION; REQUIRING ACCESS TO CERTAIN PRENATAL CARE, HEALTH CARE, AND MENTAL HEALTH CARE; REQUIRING TREATMENT FOR OPIOID ABUSE IF REQUESTED BY A PREGNANT INMATE; LIMITING THE USE OF RESTRAINTS ON A PREGNANT OR POSTPARTUM INMATE; LIMITING WHEN A PREGNANT OR POSTPARTUM INMATE MAY BE HELD IN AN ISOLATED HOUSING ASSIGNMENT; REQUIRING DETENTION CENTERS AND STATE PRISONS TO ADOPT CERTAIN POLICIES OR PROCEDURES; AND REQUIRING CERTAIN ACTIONS TO BE DOCUMENTED IN THE INMATE'S FILE."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
NEW SECTION. Section 1. Standards for pregnant inmates. (1) Detention center staff shall offer a pregnancy test to a female inmate who is 12 years of age or older and under 50 years of age upon admission to the detention center. If the inmate refuses the test, the refusal must be documented by detention center staff, signed by the inmate, and placed in the inmate's file. If the test is positive or if the detention center staff have actual knowledge that the inmate is pregnant, the inmate must receive:
(a) routine prenatal care consistent with the most recent standards promulgated by the American college of obstetricians and gynocologists. When possible, the detention center shall provide transportation to the inmate's regular physician.
(b) access to increased levels of service for high-risk pregnancies as ordered by the inmate's physician or other treating physician; and
(c) dietary modifications appropriate for pregnant women based on input from a qualified nutritionist and the inmate's own physician.
(2) A detention center shall offer a pregnant inmate who is engaging in opioid abuse or with an opioid addiction appropriate treatment, including methadone or buprenorphine if necessary.
(3) If a pregnant inmate is scheduled for release or is released prior to giving birth, the detention center shall document that the released inmate was provided knowledge of where to access prenatal care in the community.
(4) A detention center shall ensure that a pregnant or postpartum inmate was provided access to mental health assessments and counseling as appropriate.
(5) (a) Restraints may not be used on a pregnant or postpartum inmate unless the detention center has established that the inmate has a history of escape, is a flight risk, or is a clear threat to harm the inmate or others. A determination that an inmate is an established flight risk or a clear threat to harm must be documented by the detention center administrator. Restraints must be removed when the flight risk or threat of harm has been mitigated.
(b) Restraints may not be used during any stage of labor or delivery. Restraints may be used during postpartum recovery only if the inmate creates a physical safety risk for medical or detention center staff and must be removed as soon as the safety risk has ended. For the purposes of this subsection (5)(b), the length of postpartum recovery must be defined by the treating physician. In all cases, restraints must be removed at the request of the treating physician.
(6) A detention center shall adopt and implement policies to contact an appropriately trained treating physician immediately on an indication from a pregnant inmate that the inmate may be in labor or in need of medical attention, whether the indication is verbal or otherwise. Upon direction from the treating physician, the detention center shall immediately transport the inmate to an appropriate health care facility.
(7) (a) After a live birth, the detention center shall provide the option for a postpartum inmate to express breast milk.
(b) A detention center shall establish specific policies to store breast milk and to facilitate the pickup of expressed breast milk by the guardian or caretaker of the nursing child.
(8) (a) An inmate who is pregnant or postpartum may not be placed into disciplinary detention, administrative segregation, special management, medical isolation, or any other form of restrictive housing unless the detention center administrator makes an individualized determination that there is an imminent risk of serious harm to the inmate or others and no less restrictive housing option can maintain the inmate's safety and the safety of the institution.
(b) Within 24 hours of placement in the restrictive housing setting, a treating physician and a mental health care provider shall both document whether the housing is medically appropriate and the least restrictive setting that can ensure the inmate's safety and the safety of others. Every 24 hours after the initial review, the detention center administrator, a treating physician, and a mental health care provider shall each review and document that the pregnant inmate remains in the restrictive housing setting and that the inmate will be removed to a less restrictive setting as soon as it is safe to do so.
NEW SECTION. Section 2. Standards for pregnant inmates. (1) State prison staff shall offer a pregnancy test to a female inmate who is 12 years of age or older and under 50 years of age upon admission to the state prison. If the inmate refuses the test, the refusal must be documented by staff, signed by the inmate, and placed in the inmate's file. If the test is positive or if the state prison staff have actual knowledge that the inmate is pregnant, the inmate must receive:
(a) routine prenatal care consistent with the most recent standards promulgated by the American college of obstetricians and gynocologists. When possible, the state prison shall provide transportation to the inmate's regular physician.
(b) access to increased levels of service for high-risk pregnancies as ordered by the inmate's physician or other treating physician; and
(c) dietary modifications appropriate for pregnant women based on input from a qualified nutritionist and the inmate's own physician.
(2) A state prison shall offer a pregnant inmate who is engaging in opioid abuse or with an opioid addiction appropriate treatment, including methadone or buprenorphine if necessary.
(3) If a pregnant inmate is scheduled for release or is released prior to giving birth, the state prison shall document that the released inmate was provided knowledge of where to access prenatal care in the community.
(4) A state prison shall ensure that a pregnant or postpartum inmate was provided access to mental health assessments and counseling as appropriate.
(5) (a) Restraints may not be used on a pregnant or postpartum inmate unless the state prison has established that the inmate has a history of escape or is a flight risk. A determination that an inmate is an established flight risk must be approved in writing by the prison warden or the warden's designee and documented in writing.
(b) Restraints may not be used during any stage of labor or delivery. Restraints may be used during postpartum recovery only if the inmate creates a physical safety risk for medical or corrections staff and must be removed as soon as the safety risk has ended. For the purposes of this subsection (5)(b), the length of postpartum recovery must be defined by the treating physician. In all cases, restraints must be removed at the request of the treating physician.
(6) A state prison shall adopt and implement policies to contact an appropriately trained treating physician immediately on an indication from a pregnant inmate that the inmate may be in labor or in need of medical attention, whether the indication is verbal or otherwise. Upon direction from the treating physician, the state prison shall immediately transport the inmate to an appropriate health care facility.
(7) (a) After a live birth, the state prison shall provide the option for a postpartum inmate to express breast milk.
(b) A state prison shall establish specific procedures to store breast milk and to facilitate the pickup of expressed breast milk by the guardian or caretaker of the nursing child.
(8) (a) An inmate who is pregnant or postpartum may not be placed into disciplinary detention, administrative segregation, special management, medical isolation, or any other form of restrictive housing unless the prison warden or the warden's designee makes an individualized determination that there is an imminent risk of serious harm to the inmate or others and no less restrictive housing option can maintain the inmate's safety and the safety of the institution.
(b) Within 24 hours of placement in the restrictive housing setting, a treating physician and a mental health care provider shall both document whether the housing is medically appropriate and the least restrictive setting that can ensure the inmate's safety and the safety of others. Every 24 hours after the initial review, the prison warden or the warden's designee, a treating physician, and a mental health care provider shall each review and document that the pregnant inmate remains in the restrictive housing setting and that the inmate will be removed to a less restrictive setting as soon as it is safe to do so.
NEW SECTION. Section 3. Codification instruction. (1) [Section 1] is intended to be codified as an integral part of Title 7, chapter 32, part 22, and the provisions of Title 7, chapter 32, part 22, apply to [section 1].
(2) [Section 2] is intended to be codified as an integral part of Title 53, chapter 30, part 1, and the provisions of Title 53, chapter 30, part 1, apply to [section 2].
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Latest Version of HB 375 (HB0375.01)
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