WEST virginia legislature
2020 regular session
Senate Bill 484
Senators Lindsay, Stollings, Woelfel, and Beach, original sponsors
[Originating in the Committee on the Judiciary; reported on February 6, 2020]
A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15A-4-22; and to amend and reenact §49-2-906 of said code, all relating to requiring that free feminine hygiene products be provided to female prisoners in state correctional facilities and female juveniles in juvenile detention; specifying the time frame in which they must be provided; and defining a term.
Be it enacted by the Legislature of West Virginia:
CHAPTER 15A. Department of Military Affairs and Public Safety.
ARTICLE 4. CORRECTIONS MANAGEMENT.
§15A-4-22. Feminine hygiene products to be provided.
(a) For the purposes of this section, “feminine hygiene products” means tampons and sanitary napkins for use in connection with a female’s menstrual cycle.
(b) The superintendent of a state correctional facility shall provide female inmates, at no cost, with their choice of feminine hygiene products as soon as practicable upon request, but in no instance longer than eight hours.
CHAPTER 49. CHILD WELFARE.
ARTICLE 2. STATE RESPONSIBILITIES FOR CHILDREN.
§49-2-906. Medical and other treatment of juveniles in custody of the division; consent; service providers; medical care; pregnant inmates; claims processing and administration by the department; authorization of cooperative agreements.
(a) Notwithstanding any
other provision of law to the contrary, the director, or his or her designee,
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
(b) In providing or arranging for the necessary medical and other care and treatment of juveniles committed to the division’s custody, the director shall use service providers who provide the same or similar services to juveniles under existing contracts with the Department of Health and Human Resources. In order to obtain the most advantageous reimbursement rates, to capitalize on an economy of scale, 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.
(c) In providing or
arranging for the necessary medical and other care and treatment of juveniles
committed to the division's custody, the director shall assure that pregnant inmates
will not be restrained after reaching the second trimester of pregnancy until
the end of the pregnancy. However, if the inmate, based upon her
classification, discipline history, or other factors
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 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, staff, 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
(d) The division shall provide female juveniles committed to the division’s custody, at no cost, with their choice of feminine hygiene products as soon as practicable upon request but, in any case, no longer than eight hours. For the purposes of this subsection, “feminine hygiene products” means tampons and sanitary napkins for use in connection with a 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. An agreement will include, at a minimum, for the direct and
incidental costs associated with that care and treatment to be paid by the
Division of Juvenile Services.