Prison Nursery Programs This Act: • Permits the state department of rehabilitation and correction to establish in one or more of the department’s institutions for women a prison nursery program under which eligible inmates and children born to them while in the custody of the department reside together in the institution; • Establishes eligibility criteria of inmates for participation in the prison nursery program; • Establishes participation duties for each inmate selected by the department to participate in the prison nursery program; • Requires program participants to assign to the department any rights they have to child or spousal support; • Establishes reasons for which an inmate’s participation in the program may be terminated by the department, and • Requires the managing officer in each institution in which the prison nursery program is established to create and maintain a prison nursery program fund to pay expenses associated with the program and an individual nursery account for each participating inmate to help pay for the support of the inmate and child under the program. Submitted as: Ohio Am. Sub. H. B. No. 661 Status: enacted into law in 2000.
Suggested Legislation (Title, enacting clause, etc.) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22
Section 1. [Short Title.] This Act may be cited as “An Act to Authorize Prison Nursery Programs.” Section 2. [Prison Nursery Programs: Authorization.] The [department of rehabilitation and correction] may establish in one or more of the institutions for women operated by the [department] a prison nursery program under which eligible inmates and children born to them while in the custody of the [department] may reside together in the institution. Section 3. [Prison Nursery Programs: Eligibility.] An inmate is eligible to participate in the prison nursery program if she is pregnant at the time she is delivered into the custody of the [department of rehabilitation and correction], gives birth on or after the date the program is implemented, is subject to a sentence of imprisonment of not more than [eighteen (18)] months, and she and the child meet any other criteria established by the [department.] Section 4. [Prison Nursery Programs: Requirements to Participate.] To participate in the prison nursery program, each eligible inmate selected by the [department] shall do all the following: (A) Agree in writing to do all the following: (1) Comply with any program, educational, counseling, and other requirements established for the program by the [department of rehabilitation and correction]; (2) If eligible, have the child participate in the Medicaid program or a health insurance program; (3) Accept the normal risks of childrearing, and (4) Abide by any court decisions regarding the allocation of parental rights and
93
Suggested State Legislation - 2002
