Bill Text: WV SB581 | 2024 | Regular Session | Comm Sub
Bill Title: Requiring correctional facilities to provide free feminine hygiene products
Spectrum: Bipartisan Bill
Status: (Introduced) 2024-02-09 - To Finance [SB581 Detail]
Download: West_Virginia-2024-SB581-Comm_Sub.html
WEST virginia legislature
2024 regular session
Committee Substitute
for
Senate Bill 581
By Senators Woelfel, Plymale, and Caputo
[Originating in the Committee on the Judiciary; reported on February 8, 2024]
A BILL to amend and reenact the Code of West Virginia, 1931, as amended; by adding thereto a new section, designated §28-5C-3; and to amend and reenact §49-2-906 of said code, all relating to providing free feminine hygiene products to adult and juvenile females in custody or detention in jails, regional jails, or state correctional facilities, and female juveniles in juvenile detention; defining terms; and making a legislative finding.
it enacted by the Legislature of West Virginia:
CHAPTER 28. STATE CORRECTIONAL AND PENAL INSTITUTIONS.
5C. IMPRISONMENT OF FEMALE FELONS.
§28-5C-3. Feminine hygiene products to be provided.
(a) The Legislature finds that feminine hygiene products are “medically necessary” for female inmates as that term is defined in §15A-4-13a of this code.
(b)(1) As used in this section, "feminine hygiene products" means tampons and sanitary napkins for use by females during menstruation.
(2) As used in this section, “menstruation” is defined as normal discharge of blood and tissue from the uterine lining through the vagina that occurs as part of a female’s monthly menstrual cycle. Menstruation occurs between menarche, a female’s first period, and menopause, when menstrual cycles end.
(c) As used in this subsection, the term “female” is defined by the provisions §18-2-25d of this code.
(d) Female inmates shall be provided, at no cost, with feminine hygiene products as soon as practicable upon beginning and during menstruation but, in any case, no less frequently than eight hours after a request is made for the product until menstruation ceases.
CHAPTER 49. CHILD WELFARE.
ARTICLE 2. STATE RESPONSIBILITIES FOR CHILDREN.
§49-2-906. Medical and other treatment of juveniles in custody of the division; consent; service providers; medical care; pregnant inmates; claims processing and administration by the department; authorization of cooperative agreements.
(a) Notwithstanding any other provision of law to the contrary, the director, or his or her designee, may consent to the medical or other treatment of any juvenile in the legal or physical custody of the director or the division.
(b) In providing or arranging for the necessary medical and other care and treatment of juveniles committed to the division’s custody, the director shall use service providers who provide the same or similar services to juveniles under existing contracts with the Department of Health. In order to obtain the most advantageous reimbursement rates, to capitalize on an economy of scale, and to avoid duplicative systems and procedures, the department shall administer and process all claims for medical or other treatment of juveniles committed to the division’s custody.
(c) In providing or arranging for the necessary medical and other care and treatment of juveniles committed to the division’s custody, the director shall assure that pregnant inmates are not restrained after reaching the second trimester of pregnancy until the end of the pregnancy. However, if the inmate, based upon her classification, discipline history, or other factors considered relevant by the director poses a threat of escape, or to the safety of herself, the public, staff, or the unborn child, the inmate may be restrained in a manner reasonably necessary. Additionally, prior to directing the application of restraints and where there is no threat to the safety of the inmate, the public, staff, or the fetus, the director or designee shall consult with an appropriate health care professional to assure that the manner of restraint will not pose an unreasonable risk of harm to the inmate or the unborn child.
(d)(1) Female juveniles committed to the division’s custody shall be provided, at no cost, with feminine hygiene products as soon as practicable upon beginning and during menstruation but, in any case, no less frequent than eight hours after a request is made for the product until menstruation ceases. For the purposes of this subsection "feminine hygiene products" means tampons and sanitary napkins for use in connection with the menstrual cycle.
(2) The terms “feminine hygiene products”, “female”, and “menstruation” have the same meanings as ascribed to them by the provisions of §28-5c-3 to this code.
(e) For purposes of implementing the mandates of this section, the director shall enter into any necessary agreements with the Department of Health. An agreement will include, at a minimum, for the direct and incidental costs associated with that care and treatment to be paid by the Division of Juvenile Services.
