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: Criminal Justice and Public Safety
Sponsors: TALBOT ROSS, MOORE, CARNEY, EVANGELOS, HYMANSON, PERRY, CLAXTON, DESCHAMBAULT, JACKSON, MILLETT
Amends: 30-A MRSA §1566, 34-A MRSA §3031

Legislative Document
No. 2085
H.P. 1486
House of Representatives, January 28, 2020
An Act To Ensure Access to Sexual and Reproductive Health Care 
and Education in All Maine's Jails and State Correctional and 
Detention Facilities
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative TALBOT ROSS of Portland.
Cosponsored by Senator MOORE of Washington and
Representatives: CARNEY of Cape Elizabeth, EVANGELOS of Friendship, HYMANSON of 
York, PERRY of Calais, Senators: CLAXTON of Androscoggin, DESCHAMBAULT of York, 
President JACKSON of Aroostook, MILLETT of Cumberland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  30-A MRSA §1566 is enacted to read:
§1566.  Sexual and reproductive health care and education
Any person who is detained or incarcerated in a jail or other county correctional 
facility who is a female or who has a uterus has a right to comprehensive access to 
reproductive health care and education upon admission and throughout the detention or 
incarceration, including, but not limited to, the following:
1.  Prenatal, perinatal and postnatal health.  Appropriate prenatal, perinatal and 
postnatal health care and education; and
2.  Sexual and reproductive health.  Appropriate sexual and reproductive health 
care and education.
Sec. 2.  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 that except 
that the department may restrict or prohibit visits when the restriction or prohibition is 
necessary for the security of the institution; and
Sec. 3.  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. 4.  34-A MRSA §3031, sub-§10 is enacted to read:
10.  Sexual and reproductive health care and education.  For any person who is a 
female or who has a uterus, comprehensive access to sexual and reproductive health care 
and education upon admission and throughout that person's residence, including, but not 
limited to, the following:
A.  Appropriate prenatal, perinatal and postnatal health care and education; and
B.  Appropriate sexual and reproductive health care and education.
Sec. 5.  Sexual and Reproductive Health Care Advisory Committee.  There 
is established the Sexual and Reproductive Health Care Advisory Committee to review 
and develop 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.  The advisory committee consists of a representative of the Department of 
Corrections designated by the Commissioner of Corrections; a sexual and reproductive 
health care provider and a representative of a statewide association of sheriffs appointed 
by the President of the Senate; a representative of an organization with the primary 
mission to advance racial justice appointed by the Speaker of the House of 
Representatives; and a medical provider who treats pregnant people who are incarcerated 
appointed by the Governor.  The Department of Corrections shall provide staffing 
services to the advisory committee.  The advisory committee shall submit a report to the 
joint standing committee of the Legislature having jurisdiction over criminal justice 
matters by January 1, 2021.
SUMMARY
This bill requires the provision of comprehensive access to sexual and reproductive 
health care and education for a person who is a female or who has a uterus admitted to or 
detained or incarcerated in a jail or county correctional facility or a state detention or 
correctional facility. The bill establishes the Sexual and Reproductive Health Care 
Advisory Committee to review and develop adequate standards, policies and materials for 
the provision of sexual and reproductive health care and education for persons who are 
incarcerated and requires a report to the joint standing committee of the Legislature 
having jurisdiction over criminal justice matters by January 1, 2021.