SB 484 — Requiring free feminine hygiene products be provided to female prisoners

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Red = new code to be enacted WEST virginia legislature regular session IntroducedCommittee Substitute for Senate Bill 484 By Senators Lindsay, Stollings, Woelfel, and BeachBeach, [Introducedoriginal Januarysponsors 15,[Originating 2020;in the Committee on the Judiciary;

referredreported on February 6, 2020]     A BILL to amend the CommitteeCode onof theWest Judiciary;Virginia, 1931, as amended, by adding thereto a new section, designated §15A-4-22;

and then to the Committee on Finance] A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15A-4-22;

specifying the time frame in which they must be provided;

(a) For the purposes of this sectionsection, “feminine hygiene products” means tampons and sanitary napkins for use in connection with thea female’s menstrual cycle.

(b) FemaleThe inmatessuperintendent of a state correctional facility shall beprovide provided,female inmates, at no cost, with their choice of feminine hygiene products as soon as practicable upon request, but in no instance no longer than eight hourshours. later.

(a) Notwithstanding any other provision of law to the contrary, the director, or his or her designee, is hereby authorized to may consent to the medical or other treatment of any juvenile in the legal or physical custody of the director or the division.

In order to obtain the most advantageous reimbursement rates, to capitalize on an economy of scalescale, 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.

However, if the inmate, based upon her classification, discipline historyhistory, or other factors deemed considered relevant by the director poses a threat of escape, or to the her own safety of herself, or the safety of the public, staff, or the unborn child,child fetus, the inmate may be restrained in a manner reasonably necessary.

Additionally, that prior to directing the application of restraints and where there is no threat to the safety of the inmate, the public, staffstaff, 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.

(d) FemaleThe division shall provide female juveniles committed to the division’s custodycustody, 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 hourshours.  later.  For the purposes of this subsectionsubsection, “feminine hygiene products” means tampons and sanitary napkins for use in connection with thea female’s menstrual cycle.

(d) (e) For purposes of implementing the mandates of this section, the director is hereby authorized and directed to shall enter into any necessary agreements with the Department of Health and Human Resources.

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The purpose of this bill is to require that free feminine hygiene products be provided to female prisoners in state correctional facilities and female juveniles in juvenile detention.

The bill defines a term.

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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