SENATE BILL 124

54th legislature - STATE OF NEW MEXICO - first session, 2019

INTRODUCED BY

Michael Padilla

AN ACT

RELATING TO CORRECTIONS; REQUIRING CORRECTIONAL FACILITIES TO DEVELOP AND IMPLEMENT BREASTFEEDING AND LACTATION POLICIES FOR LACTATING INMATES.

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

     SECTION 1. [NEW MATERIAL] CORRECTIONAL FACILITIES-- BREASTFEEDING AND LACTATION POLICIES.--

          A. By January 1, 2020, every correctional facility that houses female inmates shall develop and implement an infant and toddler breastfeeding and lactation policy for lactating inmates that is based on current accepted best practices in the field of correctional health care. The policy shall include provisions for:

                (1) electric pumps, manual pumps, prenatal vitamins, prescribed medications and access to medication-assisted addiction treatment and necessary medical supplies;

                (2) placement of a participating inmate in a clean room with access to electricity for the use of electric pumps;

                (3) consideration of dietary needs and provision of access to adequate nutrition consistent with those dietary needs;

                (4) infant and toddler breastfeeding by lactating inmates at least during regularly-scheduled visitation hours or at another periodic time pursuant to facility policy;

                (5) education for lactating inmates concerning breastfeeding and lactation care based on current best practices;

                (6) peer counselors with experience in breastfeeding and who can provide support and advice;

                (7) human milk expression, disposal and same-day storage for later retrieval and delivery to an infant or toddler by a designated person, if preferred by the lactating inmate and approved by the correctional facility administrator;

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

                (9) sharing research and resources, as feasible, with other facilities within a fifty-mile radius.

          B. An infant and toddler breastfeeding and lactation policy shall be clearly posted in all places within a correctional facility where medical care is provided and in its visitation areas. 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. The correctional facility shall provide education concerning breastfeeding and lactation care based on best practices in the field of correctional health care for facility staff persons who interact with or oversee pregnant or lactating inmates. A correctional facility shall not force an inmate to participate in a lactation program and shall not subject any inmate to a negative consequence for choosing not to participate.

          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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