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Bill > SB755

WI SB755

WI SB755
The treatment of a pregnant or postpartum person in prison or jail. (FE)

summary

Introduced
12/12/2025
In Committee
12/12/2025
Crossed Over
Passed
Dead

Introduced Session

2025-2026 Regular Session

Bill Summary

This bill limits the use of physical restraints on pregnant and certain postpartum people who are in the custody of a correctional facility. Under the bill, a person who is known to be pregnant or who has given birth vaginally in the preceding 30 days or by cesarean section in the preceding 60 days may not be restrained unless all of the following apply: 1) there is a substantial flight risk or some other extraordinary medical or security circumstance that requires restraints to be used to ensure the safety and security of the person, the staff of the correctional or medical facility, other inmates, or the public; 2) there has been an individualized determination that restraints are necessary to prevent escape or injury or ensure the safety and security of the person, the staff of the correctional or medical facility, other inmates, or the public; 3) there is no objection to the use of restraints by the treating medical care provider; and 4) any restraints used are the least restrictive possible under the circumstances. If a representative of a correctional institution does restrain a pregnant or postpartum person as provided in the bill, the representative must document in writing his or her compliance with the requirements for restraining such a person. In addition, the bill requires that every woman in the custody of a correctional facility be offered testing for pregnancy, and asked whether she has given birth in LRB-0158/1 MJW:amn 2025 - 2026 Legislature SENATE BILL 755 the preceding 24 month or is lactating, and, if pregnant, be offered testing for sexually transmitted infections. The bill also requires the correctional facility where the pregnant or postpartum person is being confined to provide information related to pregnancy, labor, and the postpartum period, and to provide access to certain health services related to pregnancy, labor, and the postpartum period. For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

AI Summary

This bill establishes comprehensive guidelines for the treatment of pregnant and postpartum individuals in correctional facilities, focusing on two key areas: restraint limitations and healthcare provisions. Regarding restraints, the bill strictly limits the use of physical constraints on pregnant or recently postpartum individuals, allowing them only under extraordinary circumstances that pose substantial security risks, and only after an individualized assessment, medical provider approval, and using the least restrictive methods possible. The bill requires correctional facilities to document any instances of restraint usage and provide annual staff training on these restrictions. Additionally, the legislation mandates that correctional facilities offer comprehensive healthcare and support services, including pregnancy testing, sexually transmitted infection screening, continuing medical treatment, access to doula and lactation services, mental health assessments, depression treatment, breast milk expression accommodations, and educational resources about pregnancy and postpartum care. The bill defines key terms like "postpartum" (up to 6 months after birth), "doula" (a non-medical professional providing pregnancy support), and "restrain" (constraining body movement), and applies these provisions to women under 50 years old in correctional facilities.

Committee Categories

Justice

Sponsors (29)

Last Action

Fiscal estimate received (on 02/16/2026)
(1 Companion Bills)

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