PLEASE NOTE: Legislative Information cannot perform research, provide legal advice, or interpret Maine law. For legal assistance, please contact a qualified attorney.
An Act To Ensure Access to Sexual and Reproductive Health Care and Education in All Maine's Jails and State Correctional and Detention Facilities
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  30-A MRSA §1566  is enacted to read:
§ 1566. Sexual and reproductive health care and education
Any person who is detained or incarcerated in a jail or other county correctional facility who is a female or who has a uterus has a right to comprehensive access to reproductive health care and education upon admission and throughout the detention or incarceration, including, but not limited to, the following:
 
1.  Prenatal, perinatal and postnatal health.     Appropriate prenatal, perinatal and postnatal health care and education; and
 
2.  Sexual and reproductive health.     Appropriate sexual and reproductive health care and education.
Sec. 2. 34-A MRSA §3031, sub-§8, as amended by PL 2019, c. 139, §2, is further amended to read:
 
8. Visitation.   A reasonable opportunity to visit with relatives and friends, in accordance with departmental policies and institutional procedures, provided thatexcept that the department may restrict or prohibit visits when the restriction or prohibition is necessary for the security of the institution; and
Sec. 3. 34-A MRSA §3031, sub-§9, as enacted by PL 2019, c. 139, §3, is amended to read:
 
9. Menstrual products.   Comprehensive access to menstrual products, including, but not limited to, sanitary pads and tampons, provided and available at all times and without inconvenience or charge to a person who menstruates who resides in a correctional or detention facility.; and
Sec. 4.  34-A MRSA §3031, sub-§10  is enacted to read:
 
10.  Sexual and reproductive health care and education.     For any person who is a female or who has a uterus, comprehensive access to sexual and reproductive health care and education upon admission and throughout that person's residence, including, but not limited to, the following:
 
A.  Appropriate prenatal, perinatal and postnatal health care and education; and
 
B.  Appropriate sexual and reproductive health care and education.
Sec. 5. Sexual and Reproductive Health Care Advisory Committee. There is established the Sexual and Reproductive Health Care Advisory Committee to review and develop adequate standards, policies and materials for the provision of sexual and reproductive health care and education for persons who are incarcerated as required by the Maine Revised Statutes, Title 30-A, section 1566 and Title 34-A, section 3031, subsection 10. The advisory committee consists of a representative of the Department of Corrections designated by the Commissioner of Corrections; a sexual and reproductive health care provider and a representative of a statewide association of sheriffs appointed by the President of the Senate; a representative of an organization with the primary mission to advance racial justice appointed by the Speaker of the House of Representatives; and a medical provider who treats pregnant people who are incarcerated appointed by the Governor. The Department of Corrections shall provide staffing services to the advisory committee. The advisory committee shall submit a report to the joint standing committee of the Legislature having jurisdiction over criminal justice matters by January 1, 2021.
 
SUMMARY
This bill requires the provision of comprehensive access to sexual and reproductive health care and education for a person who is a female or who has a uterus admitted to or detained or incarcerated in a jail or county correctional facility or a state detention or correctional facility. The bill establishes the Sexual and Reproductive Health Care Advisory Committee to review and develop adequate standards, policies and materials for the provision of sexual and reproductive health care and education for persons who are incarcerated and requires a report to the joint standing committee of the Legislature having jurisdiction over criminal justice matters by January 1, 2021.