Read the full stored bill text
(136th General Assembly)
(House Bill
Number 29)
AN ACT
To enact sections 341.261, 753.321,
and 5120.631 of the Revised Code regarding inmates' access to
feminine hygiene products and showers by municipal and county
correctional facilities and state correctional institutions.
Be
it enacted by the General Assembly of the State of Ohio:
Section
1.
That
sections 341.261, 753.321, and 5120.631 of the Revised Code be
enacted to read as follows:
Sec.
341.261.
(A)
As used in this section:
(1)
"County correctional facility" means a county jail, county
workhouse, minimum security jail, joint city and county workhouse,
municipal-county correctional center, multicounty-municipal
correctional center, municipal-county jail or workhouse, or
multicounty-municipal jail or workhouse.
(2)
"Emergency" includes any of the following:
(a)
Riots or inmate uprisings;
(b)
Escapes or attempted escapes;
(c)
Staff shortages or strikes;
(d)
Outbreaks of contagious diseases;
(e)
Incidents of suicide or self-harm;
(f)
Gang-related violence or conflicts within the inmate population;
(g)
Natural disasters;
(h)
Hostage situations.
(3)
"Female" means of or denoting the sex that can bear
offspring or produce eggs and has XX chromosomes, distinguished
biologically by the production of gametes or ova that can be
fertilized by male gametes.
(4)
"Feminine hygiene products" means tampons and sanitary
napkins that are used for the menstrual cycle.
(B)
Each county correctional facility housing female inmates shall
provide inmates experiencing a menstrual cycle with an adequate
supply based on individualized need, in perpetuity and without
reprimand, of feminine hygiene products in a variety of sizes at no
cost to the inmates.
(C)
Each county correctional facility housing female inmates shall have a
written policy and procedure in place that does all of the following:
(1)
Protects inmates from the denial of feminine hygiene products based
on race, sex, income status, degree of charge, disability status, or
any other type of discriminatory identity;
(2)
Establishes proper methods of storing, administering, and disposing
of feminine hygiene products;
(3)
Establishes sanitary and safe procedures for hand washing and
cleaning of surfaces between restrooms and the designated area for
disposal bins.
(D)
Each county correctional facility housing female inmates shall
provide a separate disposal container with a lid in a safe,
designated area for use by inmates experiencing a menstrual cycle
within the facility to dispose of used, soiled, or damaged feminine
hygiene products.
(E)
Except when the county correctional facility is experiencing an
emergency, no county correctional facility housing female inmates
shall deny inmates access to feminine hygiene products.
(F)
Except when the county correctional facility is experiencing an
emergency, each county correctional facility housing female inmates
shall provide inmates experiencing menstruation a minimum of one
shower per day with access to hot water for washing, regardless of
whether the inmates are separated from the general population for
disciplinary status.
Sec.
753.321.
(A)
As used in this section:
(1)
"Emergency" has the same meaning as in section 341.261 of
the Revised Code.
(2)
"Female" means of or denoting the sex that can bear
offspring or produce eggs and has XX chromosomes, distinguished
biologically by the production of gametes or ova that can be
fertilized by male gametes.
(3)
"Feminine hygiene products" means tampons and sanitary
napkins that are used for the menstrual cycle.
(4)
"Municipal correctional facility" means a municipal jail,
municipal workhouse, minimum security jail, joint city and county
workhouse, municipal-county correctional center,
multicounty-municipal correctional center, municipal-county jail or
workhouse, or multicounty-municipal jail or workhouse.
(B)
Each municipal correctional facility housing female inmates shall
provide inmates experiencing a menstrual cycle with an adequate
supply based on individualized need, in perpetuity and without
reprimand, of feminine hygiene products in a variety of sizes at no
cost to the inmates.
(C)
Each municipal correctional facility housing female inmates shall
have a written policy and procedure in place that does all of the
following:
(1)
Protects inmates from the denial of feminine hygiene products based
on race, sex, income status, degree of charge, disability status, or
any other type of discriminatory identity;
(2)
Establishes proper methods of storing, administering, and disposing
of feminine hygiene products;
(3)
Establishes sanitary and safe procedures for hand washing and
cleaning of surfaces between restrooms and the designated area for
disposal bins.
(D)
Each municipal correctional facility housing female inmates shall
provide a separate disposal container with a lid in a safe,
designated area for use by inmates experiencing a menstrual cycle
within the facility to dispose of used, soiled, or damaged feminine
hygiene products.
(E)
Except when the municipal correctional facility is experiencing an
emergency, no municipal correctional facility housing female inmates
shall deny inmates access to feminine hygiene products.
(F)
Except when the municipal correctional facility is experiencing an
emergency, each municipal correctional facility housing female
inmates shall provide inmates experiencing menstruation a minimum of
one shower per day with access to hot water for washing, regardless
of whether the inmates are separated from the general population for
disciplinary status.
Sec.
5120.631.
(A)
As used in this section:
(1)
"Emergency" has the same meaning as in section 341.261 of
the Revised Code.
(2)
"Female" means of or denoting the sex that can bear
offspring or produce eggs and has XX chromosomes, distinguished
biologically by the production of gametes or ova that can be
fertilized by male gametes.
(3)
"Feminine hygiene products" means tampons and sanitary
napkins that are used for the menstrual cycle.
(4)
"State correctional institution" has the same meaning as in
section 2967.01 of the Revised Code.
(B)
Each state correctional institution housing female inmates shall
provide inmates experiencing a menstrual cycle with an adequate
supply based on individualized need, in perpetuity and without
reprimand, of feminine hygiene products in a variety of sizes at no
cost to the inmates.
(C)
Each state correctional institution housing female inmates shall have
a written policy and procedure in place that does all of the
following:
(1)
Protects inmates from the denial of feminine hygiene products based
on race, sex, income status, degree of charge, disability status, or
any other type of discriminatory identity;
(2)
Establishes proper methods of storing, administering, and disposing
of feminine hygiene products;
(3)
Establishes sanitary and safe procedures for hand washing and
cleaning of surfaces between restrooms and the designated area for
disposal bins.
(D)
Each state correctional institution housing female inmates shall
provide a separate disposal container with a lid in a safe,
designated area for use by inmates experiencing a menstrual cycle
within the institution to dispose of used, soiled, or damaged
feminine hygiene products.
(E)
Except when the state correctional institution is experiencing an
emergency, no state correctional institution housing female inmates
shall deny inmates access to feminine hygiene products.
(F)
Except when the state correctional institution is experiencing an
emergency, each state correctional institution housing female inmates
shall provide inmates experiencing menstruation a minimum of one
shower per day with access to hot water for washing, regardless of
whether the inmates are separated from the general population for
disciplinary status.
Speaker
___________________ of the House of Representatives.
President
___________________ of the Senate.
Passed
________________________, 20____
Approved
________________________, 20____
Governor.
The section numbering of law
of a general and permanent nature is complete and in conformity with
the Revised Code.
Director, Legislative
Service Commission.
Filed
in the office of the Secretary of State at Columbus, Ohio, on the
____ day of ___________, A. D. 20____.
Secretary of State.
File
No. _________ Effective Date ___________________