Section 2 of this bill requires the Department of Corrections to: (1) ensure that a woman who is assigned to an institution or facility completes a form to assess the needs of the woman while in the custody of the Department; (2) provide a woman who is incarcerated access to certain necessary medical and behavioral health services; and (3) provide a woman who is incarcerated with a sufficient supply of feminine hygiene products at no cost. Section 2 additionally requires the Department to provide the woman with a preferred type of feminine hygiene products upon request. Section 2 also requires the Department to adopt any regulations necessary to carry out the provisions of section 2. Section 5 of this bill requires certain persons responsible for the operation of an institution or facility of the Department to adopt a policy setting forth standards of conduct for interactions between a male staff member and a woman who is incarcerated in the institution or facility. Section 5 also requires any such policy to prohibit a male staff member from inspecting or searching a woman who is incarcerated in an institution or facility and who is in a state of undress while located in a private location, unless: (1) there are extraordinary circumstances; and (2) a female correctional staff member, or any female staff member of the institution or facility if a female correctional staff member is unavailable, is present at the time of the inspection or search. Section 5 additionally requires a male correctional staff member who conducts such an inspection or search to submit a written report concerning the inspection or search with the warden of the institution or manager of the facility within 72 hours. Section 6 of this bill requires the Department to provide a woman who is pregnant and in the custody of the Department access to necessary medical and behavioral health care services, including obstetrical services. Section 6 also: (1) requires certain persons responsible for the operation of an institution or facility of the Department to adopt a policy for the prenatal and postnatal care of an offender; and (2) prescribes requirements for such a policy. Section 6 additionally requires the Department to adopt any regulations necessary to carry out the provisions of section 6. Section 6 additionally requires the Department to develop and adopt a policy to be carried out in each institution and facility concerning the physical and mental health of offenders who are pregnant. Existing law prohibits the use of restraints on an offender confined in a facility or institution who is in labor, delivering a baby or recuperating from delivery. Under existing law, if restraints are used on such a person, the restraints used must be the least restrictive restraints which are necessary to ensure safety and security. (NRS 209.376) Section 9 of this bill requires a correctional staff member who orders the use of restraints on such an offender to submit a report to the warden of the institution or manager of the facility which: (1) describes the reasons for the use of the restraints; and (2) must be submitted to the warden or manager within 5 hours after the use of the restraints.

Statutes affected:
As Introduced: 209.1315, 209.341, 209.376, 209.381, 209.423, 211.140, 211.155, 62B.230, 63.185
Reprint 1: 209.376
As Enrolled: 209.376
BDR: 209.1315, 209.341, 209.376, 209.381, 209.423, 211.140, 211.155, 62B.230, 63.185