Virginia Lawmakers Approve Bills Boosting Maternal Care for Incarcerated Women

Lawmakers in Virginia have passed significant legislation aimed at enhancing maternal health care resources for pregnant and postpartum women in correctional facilities. Recently, the General Assembly approved two key bills, House Bill 860 and House Bill 857, which focus on establishing standards for lactation and providing alternatives to incarceration for these vulnerable populations.

House Bill 860 Enhances Lactation Policies

Sponsored by Del. Rae Cousins, D-Richmond, House Bill 860 will mandate the implementation of lactation policies in local and regional correctional facilities by December 2028. The bill was originally designed to create a work group to evaluate standards and regulations but was amended to include more specific outcomes.

The legislation requires the Board of Local and Regional Jails to adopt best practices for screening individuals who are lactating or have recently given birth. This process will involve research and consultation with previously incarcerated individuals, medical professionals, doulas, and other relevant stakeholders. According to the state fiscal impact statement, the amended bill may incur additional costs for regional and local jails.

House Bill 860 received unanimous support in both the House and Senate. Del. Cousins expressed satisfaction with the bill’s passage, stating, “I’m just glad that we were able to get it done.” She emphasized the importance of improving maternal health care and criminal justice reform, inspired by the work of Birth in Color, an organization advocating for incarcerated pregnant women.

Currently, Virginia law lacks specific lactation standards for state correctional facilities. Under the new legislation, incarcerated women will have access to facilities necessary for breastfeeding, including manual or electric breast pumps, appropriate storage solutions, and private areas for regular pumping.

House Bill 857 Offers Alternatives to Incarceration

In addition to House Bill 860, Del. Cousins also introduced House Bill 857, which allows courts to consider home or electronic incarceration programs for pregnant or postpartum women charged with criminal offenses, with certain exceptions. This bill aims to keep mothers in their communities, enabling them to care for themselves and bond with their children.

House Bill 857 passed with near unanimous support in the House and received unanimous approval in the Senate. The legislation creates an exception for pregnant or postpartum offenders to opt for home electronic incarceration, unless they pose a threat. “Judges and sheriffs would have to operate on that presumption when making bail decisions,” Cousins explained.

Kenda Sutton-El, founder and president of Birth in Color, voiced strong support for Cousins’ initiatives, highlighting the importance of maternal-infant attachment for the stability of the child. “We stand in support of this bill because we know that during the postpartum phase, maternal mortality is at its highest,” Sutton-El stated. She emphasized that incarcerated mothers deserve equal opportunities as others in society.

Data from the Virginia Department of Health indicates that the state’s maternal mortality rate has reached the national average as of 2023. This reflects the ongoing efforts within the General Assembly to improve maternal health outcomes.

The passage of these bills marks a significant step forward in addressing the needs of pregnant and postpartum women in the correctional system, aligning Virginia with evolving standards of care in maternal health.