An Act To Ensure Access to Sexual and Reproductive Health Care and Education in All Maine's Jails and State Correctional and Detention Facilities”
Maine Legislature, Session 129, LD 2085
Committee Amendment CA_A_H887 (House)
Amends: 30-A MRSA §1566, 34-A MRSA §1208, 34-A MRSA §3031

COMMITTEE AMENDMENT “      ” to H.P. 1486, L.D. 2085, “An Act To Ensure 
Access to Sexual and Reproductive Health Care and Education in All Maine's Jails and 
State Correctional and Detention Facilities”
Amend the bill by striking out everything after the enacting clause and inserting the 
following:
'Sec. 1.  30-A MRSA §1566 is enacted to read:
§1566.  Sexual and reproductive health care and education
Upon admission to and throughout detention or incarceration in a jail or other county 
detention or correctional facility, a person who is a female or who has a uterus has a right 
to access to comprehensive reproductive health care and education that takes into account 
history of trauma and addresses gender-specific health care needs in a corrections setting, 
including, but not limited to:
1.  Antepartum and postpartum care and contraceptive and abortion care 
services. Appropriate antepartum and postpartum care and contraceptive and abortion care 
services; and
2.  Sexual and reproductive health care and education.  Appropriate sexual and 
reproductive health care and education that meet recognized national standards and 
guidelines established by the American College of Obstetricians and Gynecologists, or a 
successor organization, and a national commission on correctional health care, including, 
but not limited to, age-appropriate screening guidelines.
Sec. 2.  34-A MRSA §1208, sub-§6, ¶E is enacted to read:
E.  The committee shall review and develop adequate standards, policies and materials 
for the provision of sexual and reproductive health care and education for persons who 
are detained or incarcerated, as required by section 3031, subsection 10 and Title 30-A, 
section 1566.
Sec. 3.  34-A MRSA §1208, sub-§6, ¶F is enacted to read:
COMMITTEE AMENDMENT “      ” to H.P. 1486, L.D. 2085
COMMITTEE AMENDMENT
F.  The committee shall establish a subcommittee to advise the committee in reviewing 
and developing adequate standards, policies and materials as required by paragraph E. 
The subcommittee must consist of a representative of the Department of Corrections; 
a woman who has been detained or incarcerated in a county jail; a woman who has 
been detained or incarcerated in a state correctional facility; a sexual and reproductive 
health care provider; a representative of a statewide association of sheriffs; a 
representative of an organization with the primary mission to advance racial justice; 
and a medical provider who treats pregnant people who are incarcerated.
Sec. 4.  34-A MRSA §3031, sub-§8, as amended by PL 2019, c. 139, §2, is further 
amended to read:
8.  Visitation.  A reasonable opportunity to visit with relatives and friends, in 
accordance with departmental policies and institutional procedures, provided except that 
the department may restrict or prohibit visits when the restriction or prohibition is necessary 
for the security of the institution; and
Sec. 5.  34-A MRSA §3031, sub-§9, as enacted by PL 2019, c. 139, §3, is amended 
to read:
9.  Menstrual products.  Comprehensive access to menstrual products, including, but 
not limited to, sanitary pads and tampons, provided and available at all times and without 
inconvenience or charge to a person who menstruates who resides in a correctional or 
detention facility.; and
Sec. 6.  34-A MRSA §3031, sub-§10 is enacted to read:
10.  Sexual and reproductive health care and education.  If the person is a female 
or a person who has a uterus, access to comprehensive reproductive health care and 
education that takes into account history of trauma and addresses gender-specific health 
care needs in a corrections setting, including, but not limited to:
A.  Appropriate antepartum and postpartum care and contraception and abortion care 
services; and
B.  Appropriate sexual and reproductive health care and education that meets 
recognized national standards and guidelines established by the American College of 
Obstetricians and Gynecologists, or a successor organization, and a national 
commission on correctional health care, including, but not limited to, age-appropriate 
screening guidelines.
Sec. 7.  Report.  The county and municipal detention facility advisory committee 
created in accordance with the Maine Revised Statutes, Title 34-A, section 1208, 
subsection 6 shall submit a report to the joint standing committee of the Legislature having 
jurisdiction over criminal justice matters by January 1, 2021 regarding the work of the 
subcommittee established in accordance with Title 34-A, section 1208, subsection 6, 
paragraph F and any actions taken by the county and municipal detention facility advisory 
committee.'
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively.
COMMITTEE AMENDMENT “      ” to H.P. 1486, L.D. 2085
COMMITTEE AMENDMENT
SUMMARY
This amendment replaces the bill and is the majority report of the committee.  The 
amendment includes the provisions of the bill and requires that the sexual and reproductive 
health care and education that is provided in a jail or other county detention or correctional 
facility take into account history of trauma, address gender-specific health care needs in a 
corrections setting and meet nationally recognized standards.  The amendment requires the 
county and municipal detention facility advisory committee to establish a subcommittee to 
advise the committee in reviewing and developing adequate standards, policies and materials 
for the provision of sexual and reproductive health care and education for persons who are 
incarcerated as required by the Maine Revised Statutes, Title 30-A, section 1566 and Title 34-
A, section 3031, subsection 10 and requires the committee to undertake the review and 
development of standards, policies and materials.  The subcommittee must consist of a 
representative of the Department of Corrections; a woman who has been detained or 
incarcerated in a county jail; a woman who has been detained or incarcerated in a state 
correctional facility; a sexual and reproductive health care provider; a representative of a 
statewide association of sheriffs; a representative of an organization with the primary mission 
to advance racial justice; and a medical provider who treats pregnant people who are 
incarcerated. The committee must submit a report to the joint standing committee of the 
Legislature having jurisdiction over criminal justice matters by January 1, 2021 regarding the 
work of the subcommittee and any actions taken by the county and municipal detention facility 
advisory committee.
Approved: 08/04/20
LD 1756
LR 406(06)
Fiscal Detail and Notes
Any additional costs to the departments whose commissioners or their designees are required to serve on the steering 
committee on supervised communty confinement are assumed to be minor and can be absorbed within existing 
budgeted resources.
Fiscal Note
Minor cost increase - General Fund
An Act To Improve Public Safety through Coordinated Reentry of Prisoners into the Community
Fiscal Note for Bill as Amended by Committee Amendment " "
Committee: Criminal Justice and Public Safety
Fiscal Note Required: Yes
LR0406(06) - Fiscal Note - Page 1 of 1