West Virginia 2024 Regular Session Status: In Committee Bipartisan · 2 R · 1 D cosponsors

SB 581 — Requiring correctional facilities to provide free feminine hygiene products

Last action — To Finance

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House of Delegates
  5. 5
    To Executive
  6. 6
    Enacted

This bill is in committee in the Senate. Introduced January 29, 2024. It must pass committee before a floor vote.

Next likely step: a committee vote, then a floor vote in the Senate.

Prognosis

Advancing 40% · moderate confidence

Where this bill stands today.

Odds of enactment

Low

How often bills like it became law.

  • In Committee

    Current position in the legislative process.

  • 5 sponsors

    1 primary, 4 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (2 R · 1 D) — cross-party backing.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

57 added · 93 removed

Plain-language change summary

The revised version of SB 581 changes the focus from simply requiring free feminine hygiene products for female prisoners to explicitly defining these products as "medically necessary." It emphasizes the recognition of menstruation as a natural biological process and ensures that all adult and juvenile females in custody receive these essential items at no cost. This matters because it helps address health and dignity concerns for incarcerated women, ensuring that they have access to necessary hygiene products regardless of their circumstances.

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WEST VIRGINIA LEGISLATURE REGULAR SESSION Introduced Senate Bill 581 By Senators Woelfel, Plymale, Caputo, Chapman, and Rucker [Introduced January 29, 2024;
CS for SB 581 WEST VIRGINIA LEGISLATURE REGULAR SESSION Committee Substitute for Senate Bill 581 By Senators Woelfel, Plymale, and Caputo [Originating in the Committee on the Judiciary and then to the Committee on Finance;
referred to the Committee on the Judiciary;
reported on February 8, 2024] CS for SB 581 A BILL to amend and reenact the Code of West Virginia, 1931, as amended;
and then to the Committee on Finance] Intr SB 2024R3408S 2024R2265H A BILL to amend and reenact §15A-4-13 of the Code of West Virginia, 1931, as amended;
by adding thereto a new section, designated §28-5C-3;
and to amend said code 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;
and to amend and reenact §49-2-906 of said code, all relating to requiring that free feminine hygiene products be provided to female prisoners in jails, regional jails, or state correctional facilities, and female juveniles in juvenile detention.
defining terms;
Be it enacted by the Legislature of West Virginia:
and making a legislative finding.
CHAPTER 15A.
it enacted by the Legislature of West Virginia:
DEPARTMENT OF MILITARY AFFAIRS AND PUBLIC SAFETY.
ARTICLE 4.
CORRECTIONS MANAGEMENT.
§15A-4-13.
Charges assessed against inmates for services provided by state.
(a) The commissioner is authorized to assess inmates serving a sentence in any state jail, penal, or correctional facility reasonable charges for health care and treatment services provided to them by the state.
The charges assessed against an inmate may be deducted directly from the inmate’s trustee account without the inmate’s consent.
The inmate shall be notified of the amount deducted and the charges to which it has been applied.
(b) As used in this section, a "reasonable charge" may not exceed the sum of $25 for any billable service.
Inmates shall be notified of the fee schedule, billable services, and exempt services.
Services initiated by the inmate shall be assessed a fee, except that no charge may be assessed for:
(1) a specific health care service required under the law of this state, including, by way of illustration, tuberculin testing;
(2) an emergency service following a traumatic injury other than a self-induced injury, or necessary to prevent death or severe or permanent disability;
(3) diagnosis and treatment of communicable diseases, including, by way of illustration, tuberculosis or hepatitis;
(4) treatment of diagnosed severe mental illness;
(5) treatment of specific chronic conditions identified by the commissioner, including, by way of illustration, heart disease and diabetes;
(6) staff-initiated care, including follow-up and referral visits;
(7) preventive services that Intr SB 2024R3408S 2024R2265H the commissioner determines are to be provided or made available to all inmates, including services related to disease prevention and promotion of proper health habits;
or (8) other services as may be exempted by rule of the commissioner.
No inmate may be denied any necessary billable medical service because of inability to pay the charge.
(c) Any inmate who intentionally ingests, inhales, injects, absorbs, applies, or otherwise exposes himself or herself to, in any manner whatsoever not otherwise specified herein, an illegal drug, a drug not legally prescribed to him or her, a drug in quantities above that recommended by a prescribing physician, a synthetic intoxicant, or any substance for the purpose of causing an excited, euphoric, or stupefied state, or altered perception, including hallucinations or delusions, and the inmate requires medical treatment due to the ingestion, inhalation, injection, absorption, application, or exposure shall reimburse the cost of the medical treatment to the division.
(d) Each inmate shall be afforded an opportunity at least quarterly to review all deposits into, withdrawals from, and balance remaining in the inmate’s trustee account during the preceding three months.
(e) Female inmates shall be provided, at no cost, with their choice of feminine hygiene products as soon as practicable upon request but, in any case, no longer than eight hours later.
For the purposes of this subsection "feminine hygiene products" means tampons and sanitary napkins for use in connection with the menstrual cycle.
(e) (f) The commissioner shall promulgate interpretive rules implementing this section pursuant to §29A-3-1 et seq.
of this code prior to making any assessment under this section.
The policy directive rules may establish the fee schedule and list of billable services and further define services to be exempted.
ARTICLE 5C.
5C.
Intr SB 2024R3408S 2024R2265H (a) For the purposes of this section "feminine hygiene products" means tampons and sanitary napkins for use in connection with the menstrual cycle.
(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) Female inmates shall be provided, at no cost, with their choice of feminine hygiene products as soon as practicable upon request but, in any case, no longer than eight hours later.
(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.
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(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.
service providers;
CS for SB 581 service providers;
(a) Notwithstanding any other provision of law to the contrary, the director, or his or her designee, is hereby authorized to consent to the medical or other treatment of any juvenile in the legal or physical custody of the director or the division.
(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 and Human Resources.
(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.
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 will not be restrained after reaching the second trimester of pregnancy until the end of the pregnancy.
(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 deemed 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.
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, that Intr SB 2024R3408S 2024R2265H 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 fetus.
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) Female juveniles committed to the division’s custody shall be provided, at no cost, with their choice of feminine hygiene products as soon as practicable upon request but, in any case, no longer than eight hours later.
(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.
(d) (e) For purposes of implementing the mandates of this section, the director is hereby authorized and directed to enter into any necessary agreements with the Department of Health and Human Resources.
CS for SB 581 (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.
NOTE:
The purpose of this bill is to require that free feminine hygiene products be provided to female prisoners in all jails, regional jails or state correctional facilities and female juveniles in juvenile detention.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
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Action History

  1. To Finance

  2. Committee substitute reported, but first to Finance

  3. To Judiciary

  4. Introduced in Senate

  5. To Judiciary then Finance

  6. Filed for introduction

Sponsors

Sponsorship breakdown

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1 sponsors · 4 co-sponsors · 147 not signed on

Sponsors (1)

Co-sponsors (4)

Not signed on (147)

147 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 581?
SB 581 is sponsored by Patricia Rucker (Republican), Laura Wakim Chapman (Republican), Caputo, Plymale, and Mike Woelfel (Democrat).
What is the current status of SB 581?
This bill is in committee in the Senate. Introduced January 29, 2024. It must pass committee before a floor vote.
Where can I track SB 581?
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