A5172

An Act concerning the provision of menstrual products in correctional facilities, and amending P.L.2019, c.288.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 4 of P.L.2019, c.288 (C.30:1B-6.8) is amended to read as follows:

4. The Commissioner of Corrections shall:

a. place an inmate who has a minor child in a State correctional facility as close as possible to that child's place of residence at the request of the inmate and prior to sentencing;

b. establish policies that encourage and promote visitation, particularly for inmates who are primary caretaker parents, including, but not limited to:

(1) requiring the visitation program be in operation at least six days per week, including Saturday and Sunday, for at least three hours per visit;

(2) prohibiting restrictions on the number of minor children allowed to visit an inmate;

(3) authorizing up to three adult visitors; and

(4) authorizing contact visits;

c. prohibit the isolated confinement of a pregnant woman;

d. prohibit a staff member of, or medical service provider for, a correctional facility from restraining a woman known to be pregnant or applying restraints during any stage of labor, any pregnancy related medical distress, delivery, or postpartum;

e. provide parenting classes to primary caretaker parents;

f. provide appropriate trauma informed care to inmates who are primary caretaker parents and train correctional police officers on how to interact with inmates who are victims of trauma;

g. allow former inmates who have returned to society, after appropriate internal clearance, to mentor current inmates who are incarcerated primary caretaker parents and assist these inmates with reentry efforts;

h. require standard feminine hygiene products, including but not limited to, tampons and sanitary pads of varying absorbency levels, be provided at the request of and free of charge to female inmates, and petroleum jelly, aspirin, ibuprofen, and any other item deemed appropriate by the commissioner, to be made available to inmates from the commissary or medical department;

i. restrict correctional police officers and other department employees from entering the restrooms and shower facilities of inmates of the opposite sex when occupied except when deemed necessary by the commissioner; and

j. allow all pregnant women and inmates who are primary caretaker parents to enroll in residential drug abuse and mental health programs provided they meet the requirements of those programs.

(cf: P.L.2019, c.288, s.4)

2. Section 5 of P.L.2019, c.288 (C.30:1B-6.9) is amended to read as follows:

5. The chief executive officer or warden of each county correctional facility shall:

a. establish policies that encourage and promote visitation, particularly for inmates who are primary caretaker parents, including, but not limited to:

(1) requiring in-person visitation three days per week, including Saturday and Sunday, for at least 30 minutes per visit;

(2) prohibiting restrictions on the number of children allowed to visit an inmate consistent with current regulations;

(3) authorizing up to two adult visitors; and

(4) providing consistent access to contact visits;

(5) authorizing contact visits with children;

b. prohibit the isolated confinement of a pregnant woman;

c. prohibit a staff member of, or medical service provider for, a county correctional facility from restraining a woman known to be pregnant or applying restraints during any stage of labor, any pregnancy related medical distress, delivery, or postpartum;

d. provide parenting classes to inmates who are primary caretaker parents;

e. provide trauma informed care to inmates who are primary caretaker parents and train correctional police officers on how to interact with inmates who are victims of trauma;

f. allow former inmates who are participating members of a non-profit or reentry organization mentorship or visitation program approved by the chief executive officer or warden to mentor current inmates who are incarcerated primary caretaker parents and assist these inmates with reentry efforts;

g. require standard feminine hygiene products, including but not limited to tampons and sanitary pads of varying absorbency levels, be provided at the request of and free of charge to female inmates, and petroleum jelly, aspirin, ibuprofen, and any other item deemed appropriate by the chief executive officer or warden, to be provided at the request of and free of charge to inmates;

h. restrict correctional police officers and other department employees from entering the restrooms and shower facilities of inmates of the opposite sex when occupied except when deemed necessary by the chief executive officer or warden; and

i. allow all pregnant women and inmates who are primary caretaker parents to enroll in residential drug abuse and mental health programs provided they meet the requirements of those programs.

(cf: P.L.2019, c.288, s.5)

3. This act shall take effect immediately.

STATEMENT

This bill requires State and county correctional facilities to make feminine hygiene products of varying absorbency levels readily accessible to female inmates.

Under current law, the Commissioner of Corrections in State correction facilities, or the chief executive officer or warden in county correctional facilities, is required to ensure that standard feminine hygiene products, including but not limited to tampons and sanitary pads, are provided at the request of and free of charge to female inmates.

This bill amends current law to require that feminine hygiene products of varying absorbencies be provided to female inmates.