HOUSE BILL 250

57th legislature - STATE OF NEW MEXICO - first session, 2025

INTRODUCED BY

Janelle Anyanonu and Katy M. Duhigg and Cristina Parajón

and Michelle Paulene Abeyta

 

 

 

 

AN ACT

RELATING TO HYGIENE; REQUIRING CORRECTIONAL FACILITIES TO PROVIDE FREE MENSTRUAL HYGIENE PRODUCTS.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. [NEW MATERIAL] FREE MENSTRUAL HYGIENE PRODUCTS REQUIRED IN CORRECTIONAL FACILITIES.--

          A. As used in this section:

                (1) "correctional facility" means a jail, prison or other detention facility, whether operated by the state, a local government or a private contractor, that is used for the confinement of adult or juvenile persons; and

                (2) "menstrual hygiene products" means products used during menstruation or uterine or vaginal bleeding and includes panty liners, tampons in differing absorbencies and pads in differing absorbencies.

          B. Correctional facilities that house persons in custody who menstruate, or who experience uterine or vaginal bleeding, shall develop and implement a policy for all menstruating persons in custody. The policy shall include provisions for:

                (1) ensuring that correctional facilities provide menstrual hygiene products sufficient for the needs of each person in custody at no cost to the person in custody; and

                (2) allowing persons in custody to choose from panty liners, tampons and pads with the option to choose a combination of menstrual hygiene products.

          C. Menstrual hygiene products shall be made available to a person in custody upon admission to a correctional facility and on a routine basis and as needed and upon request without a medical referral as a requisite.

          D. Menstrual hygiene products shall be made available to all persons in custody who menstruate or experience vaginal or uterine bleeding regardless of conditions of confinement, except when restrictions are strictly necessary to prevent injury to the person or others.

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2025.

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