An Act to create 302.085 of the statutes; Relating to: the treatment of a pregnant or postpartum person in prison or jail. (FE)
SB755 creates a new statutory section governing the treatment of pregnant and postpartum people in correctional facilities. The bill restricts the use of mechanical, chemical, or other restraints on a person known to be pregnant or within specified postpartum periods after vaginal delivery or cesarean section, unless there is a substantial flight risk or extraordinary medical or security circumstance, an individualized determination supports restraint, the treating medical provider does not object, and the restraint used is the least restrictive effective option. Any use of restraints under these exceptions must be documented in writing, and staff who may interact with laboring or postpartum people must receive annual training on these requirements.
The bill also requires correctional facilities to offer pregnancy testing to women under 50, ask whether they have recently given birth or are lactating, and offer STI testing, including HIV testing, to pregnant people. It further requires continuing medication or treatment for pregnant people already receiving care, educational materials about pregnancy and parenting, access to doula or lactation support services when available at no cost or paid for by the incarcerated person, mental health assessment and treatment, evidence-based care for depression and postpartum depression, and access to breast milk expression supplies and opportunities for people who have given birth within the past 24 months. Facilities must also provide oral and written notice of applicable laws and policies affecting incarcerated pregnant or postpartum people.
If enacted, SB755 would add a new section to the Wisconsin statutes, s. 302.085, and impose affirmative duties on prisons and jails regarding medical screening, health services, education, lactation support, mental health care, and restraint practices for pregnant and postpartum incarcerated people. It would affect correctional facility administrators, staff training protocols, medical providers working in custody settings, and incarcerated pregnant or postpartum people, while also creating documentation and compliance obligations for facilities that use restraints under the bill’s narrow exceptions.
The available record shows the bill was introduced with a broad set of bipartisan-leaning legislative cosponsors, but there are no committee transcripts or recorded votes in the provided materials to show detailed debate. The bill ultimately failed to pass pursuant to Senate Joint Resolution 1, indicating it did not advance to enactment despite its introduction and sponsorship. Overall, the measure appears to have been framed as a correctional health and safety bill focused on pregnancy and postpartum care rather than a punitive or enforcement-oriented proposal.
The main points of potential contention are the limits the bill places on correctional discretion and the operational burden it would place on jails and prisons. Opponents could object to the restraint restrictions, individualized-determination requirement, and mandatory documentation and training as constraints on security practices, while supporters would likely emphasize the medical risks of restraining pregnant and postpartum people and the need for standardized care. Additional possible friction points include the costs and logistics of providing testing, mental health services, lactation accommodations, doula support, and staff training, especially in facilities with limited resources.