HOUSE OF REPRESENTATIVES	H.B. NO.	1232
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII

A BILL FOR AN ACT

relating to corrections.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

PART I

SECTION 1. The legislature finds that some inmates released on parole would prefer not to become pregnant during their reintegration period, but are often faced with a lack of funding, healthcare, and access to contraceptives during the first few months on parole. Providing these inmates with the option to access prescription or non-prescription contraceptives, or both, immediately prior to release would help to reduce unplanned pregnancies and support parolees during this critical period.

The legislature further finds that inmates from more rural islands are often transferred to facilities on Oahu or in other states due to space and staffing considerations. However, for inmates who are breastfeeding, this transfer virtually eliminates the possibility of the inmate's child continuing to receive nutrients from breastfeeding. The American Academy of Pediatrics recommends exclusive breastfeeding of infants for the first six months of life before introducing nutritious complementary foods and encourages social and systemic changes to support mothers who choose to breastfeed.

Studies show that, if allowed to express milk for their children, incarcerated mothers have better mental health outcomes following the birth of, and separation from, the mother's infants. Infants benefit from the increased maternal attachment and the developmental, digestive, and immunological properties of breast milk. Premature babies, who are often born to incarcerated mothers, have a greater need for the protective properties of breast milk. Providing nursing accommodations to incarcerated women can help provide better mental health outcomes and hormonal regulation for the mother, leading to improved behavior; health cost savings for both the child and mother; and an increased connection between the mother and child, leading to lower recidivism rates.

Accordingly, the purpose of this Act is to lower recidivism rates in the State by:

(1) Authorizing certain incarcerated mothers to:

(A) Either directly breastfeed any of the incarcerated mother's eligible children or to express milk for delivery to the child; and

(B) Elect to be committed to a correctional facility in the incarcerated mother's home county; and

(2) Requiring the Hawaii paroling authority to provide free contraception to parolees.

PART II

SECTION 2. Chapter 353, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

"§353- Breastfeeding. Any inmate who is pregnant or a mother to a child under six months of age may either breastfeed the child directly or express milk for delivery to the child, or both; provided that if the inmate chooses to express milk for delivery to the child, the department of public safety shall make available any accommodations necessary for the milk to be expressed, frozen, stored, and delivered to the child."

SECTION 3. Section 706-672, Hawaii Revised Statutes, is amended to read as follows:

"§706-672 Place of imprisonment. When a person is sentenced to imprisonment, the court shall commit the person to the custody of the department of public safety for the term of the person's sentence and until released in accordance with law. The director of public safety shall determine the proper program of redirection and any place of confinement of the committed person[.]; provided that, any person who is sentenced to imprisonment and is either pregnant or a mother to a child under six months of age may elect to be confined in a correctional facility located within the county in which the person had a permanent residence, occupation, or employment prior to incarceration."

PART III

SECTION 4. Chapter 353, Hawaii Revised Statutes, is amended by adding a new section to part II to be appropriately designated and to read as follows:

"§353- Contraceptives provided. Upon release on parole of any paroled prisoner, the Hawaii paroling authority shall make available, free of charge, to any paroled prisoner prescription or over-the-counter contraception."

PART IV

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Hawaii Paroling Authority; Corrections; Inmates; Breastfeeding; Place of Imprisonment; Contraception

Description:

Authorizes certain inmates to either directly breastfeed any of the inmate's eligible children or to express milk for delivery to the child and to elect to be committed to a correctional facility in the inmate's home county. Requires the Hawaii Paroling Authority to provide free contraception to parolees.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.