Kansas 2023-2024 Regular Session

Kansas House Bill HB2811

Introduced
2/20/24  
Refer
2/20/24  

Caption

Directing the department of corrections to establish a correctional center nursery for incarcerated expectant mothers and their child to allow certain expectant mothers to care and bond with their child for up to 36 months while incarcerated.

Impact

The bill introduces significant changes to Kansas family law, particularly regarding how incarcerated mothers are treated in relation to their children. By permitting infants to reside with their mothers in a correctional setting, the legislation addresses potential developmental impacts on children born to incarcerated parents. The program is expected to alleviate some of the negative effects associated with maternal incarceration, promoting healthier familial bonds and potentially reducing future child welfare issues. Furthermore, it seeks to ensure that child's needs are prioritized, provided mothers meet specific eligibility criteria set forth by the Department of Corrections.

Summary

House Bill 2811 aims to establish a nursery program within the Topeka correctional facility specifically designed for incarcerated expectant mothers. This program allows eligible offenders to care for and bond with their newborns for up to 36 months after birth, facilitating a nurturing environment for children born to mothers in custody. The bill emphasizes that participation in the program does not affect the custodial rights of the mothers over their children, as it seeks to balance incarceration with parenting responsibilities.

Contention

Despite the bill's intentions, there are points of contention regarding its implementation and the eligibility restrictions placed on participants. Critics argue that not all incarcerated women will benefit from the program due to the stringent criteria, including those with certain felony convictions. Concerns also arise from the potential stigmatization of children raised within a correctional setting and debates about whether such programs should receive public funding and oversight. This legislation raises key questions about the rights of incarcerated women and the state’s role in facilitating family integrity among incarcerated populations, as it may not apply equally to all offenders.

Companion Bills

No companion bills found.

Previously Filed As

KS HB2171

Establishes the "Motivational Boot Camp Incarceration Program" in the department of corrections and allows certain persons to be sentenced to the Program

KS HB3292

Establishes the "Motivational Boot Camp Incarceration Program" in the department of corrections and allows certain persons to be sentenced to the Program

KS A04879

Relates to the health, safety and human rights of incarcerated pregnant individuals, incarcerated birthing parents and their children; requires the commissioner of corrections and community supervision to establish rules and regulations relating to conditions in institutions and correctional facilities and the treatment and care of birthing parents in such institutions and facilities.

KS S04583

Relates to the health, safety and human rights of incarcerated pregnant individuals, incarcerated birthing parents and their children; requires the commissioner of corrections and community supervision to establish rules and regulations relating to conditions in institutions and correctional facilities and the treatment and care of birthing parents in such institutions and facilities.

KS A01607

Relates to the provision of breast pumps and related collection and storage materials to certain incarcerated nursing birth parents who are confined in or committed to an institution or local correctional facility with or without their child subject to specific time limitations; requires institutions and local correctional facilities to provide pumps and related materials to such incarcerated birth parents; requires the commissioner of corrections and community supervision to issue an annual report on data relating to incarcerated birth parents.

KS S02666

Relates to the provision of breast pumps and related collection and storage materials to certain incarcerated nursing birth parents who are confined in or committed to an institution or local correctional facility with or without their child subject to specific time limitations; requires institutions and local correctional facilities to provide pumps and related materials to such incarcerated birth parents; requires the commissioner of corrections and community supervision to issue an annual report on data relating to incarcerated birth parents.

KS A1275

Allows expectant mothers in third trimester to receive temporary parking privileges.

KS S1732

Allows expectant mothers in third trimester to receive temporary parking privileges.

KS HB05477

An Act Concerning The Well-being Of Employees Of The Department Of Correction And Persons Who Are Incarcerated In Correctional Institutions.

KS S1077

Establishes "Incarcerated Women's Protection Act" and concerns correctional facility board of trustees.

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