HOUSE BILL 277

53rd legislature - STATE OF NEW MEXICO - first session, 2017

INTRODUCED BY

Sarah Maestas Barnes and Michael Padilla

AN ACT

RELATING TO INCARCERATED WOMEN; REQUIRING CORRECTIONAL FACILITIES TO DEVELOP AND IMPLEMENT POLICIES FOR LACTATING INMATES.

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

     SECTION 1. [NEW MATERIAL] CORRECTIONAL FACILITIES--INFANT AND TODDLER FEEDING POLICIES.--

          A. By January 1, 2018, every correctional facility that houses female inmates shall develop and implement an infant and toddler feeding policy that promotes breastfeeding by female inmates and is based on current accepted best practices. The policy shall apply to all children of a lactating inmate and shall include provisions for:

                (1) medically appropriate support and care related to cessation of lactation or weaning; and

                (2) human milk expression and:

                     (a) disposal;

                     (b) storage for later retrieval and delivery to an infant or toddler by an approved person; and

                     (c) same-day retrieval and delivery to an infant or toddler by an approved person, if preferred by the lactating inmate and approved by the court and the correctional facility administrator.

          B. An infant and toddler feeding policy shall be clearly posted in all places within a correctional facility where medical care is provided, and the provisions of the policy shall be routinely communicated to all correctional facility staff persons who interact with or oversee pregnant or lactating inmates and shall be included in the facility's new employee orientation and training.

          C. For the purposes of this section, "correctional facility" means a jail, prison or other detention facility, whether operated by a government or private contractor, that is used for the confinement of adult or juvenile persons who are charged with or convicted of a violation of a law or ordinance.

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