Kansas 2023-2024 Regular Session

Kansas Senate Bill SB489

Introduced
2/8/24  
Refer
2/9/24  
Refer
2/23/24  
Refer
2/28/24  

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 introduction of SB489 is expected to influence existing laws concerning the detention of minors alongside their mothers in corrections facilities. Specifically, it modifies provisions regarding how custody, residency, and parenting time decisions are made for children of incarcerated parents. The bill amends multiple sections of the Kansas family law code, thereby allowing courts to consider a mother's participation in this program when determining custody and residency issues for their children.

Summary

Senate Bill 489, also known as the nursery program for incarcerated moms, directs the Kansas Department of Corrections to establish a correctional center nursery at the Topeka correctional facility, which is to be operational by January 1, 2026. This program aims to provide a residence for eligible incarcerated mothers and their newborns for up to 36 months post-birth. Participants will retain their custodial rights and the program's implementation is meant to support the bonding between incarcerated mothers and their children during the critical early stages of development.

Contention

Notably, the bill does set limitations on eligibility for the nursery program by excluding offenders convicted of certain violent, sexual, or serious felonies. This aspect may lead to contention among community advocacy groups, who may argue that it unfairly penalizes women for their past criminal behavior, potentially neglecting the best interests of the child involved. Additionally, the need for oversight and the standards to be established by the Department of Corrections could also spark debate regarding the adequacy of care and resources provided to both mothers and children in this setting.

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 SB2306

Sexual activity between certain individuals incarcerated in correctional facilities; clarify.

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