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Wisconsin Legislature: AB773: Bill Text
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AB773: Bill Text
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2025 - 2026 LEGISLATURE
LRB-5519/1
MJW:amn
2025 ASSEMBLY BILL 773
December 17, 2025 - Introduced by Representatives
Subeck
,
Snodgrass
,
Mayadev
,
Taylor
,
Anderson
,
Arney
,
Bare
,
Brown
,
Clancy
,
DeSmidt
,
Fitzgerald
,
Kirsch
,
Joers
,
Madison
,
Neubauer
,
Palmeri
,
Phelps
,
Rivera-Wagner
,
Sinicki
,
Stroud
and
Stubbs
, cosponsored by Senators
Roys
,
L. Johnson
,
Dassler-Alfheim
,
Drake
,
Hesselbein
,
Larson
,
Ratcliff
and
Spreitzer
. Referred to Committee on Health, Aging and Long-Term Care.
AB773,1,2
1
An Act
to create
302.085 of the statutes;
relating to:
the treatment of a
2
pregnant or postpartum person in prison or jail.
Analysis by the Legislative Reference Bureau
This bill limits the use of physical restraints on pregnant and certain postpartum people who are in the custody of a correctional facility. Under the bill, a person who is known to be pregnant or who has given birth vaginally in the preceding 30 days or by cesarean section in the preceding 60 days may not be restrained unless all of the following apply: 1) there is a substantial flight risk or some other extraordinary medical or security circumstance that requires restraints to be used to ensure the safety and security of the person, the staff of the correctional or medical facility, other inmates, or the public; 2) there has been an individualized determination that restraints are necessary to prevent escape or injury or ensure the safety and security of the person, the staff of the correctional or medical facility, other inmates, or the public; 3) there is no objection to the use of restraints by the treating medical care provider; and 4) any restraints used are the least restrictive possible under the circumstances. If a representative of a correctional institution does restrain a pregnant or postpartum person as provided in the bill, the representative must document in writing his or her compliance with the requirements for restraining such a person.
In addition, the bill requires that every woman in the custody of a correctional facility be offered testing for pregnancy, and asked whether she has given birth in the preceding 24 month or is lactating, and, if pregnant, be offered testing for sexually transmitted infections. The bill also requires the correctional facility where the pregnant or postpartum person is being confined to provide information related to pregnancy, labor, and the postpartum period, and to provide access to certain health services related to pregnancy, labor, and the postpartum period.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
AB773,1
1
Section
1
.
302.085 of the statutes is created to read:
AB773,2,3
2
302.085
Treatment of a pregnant or postpartum person.
(1)
3
Definitions.
In this section:
AB773,2,4
4
(a) “Correctional facility” has the meaning given in s. 101.123 (1) (ac).
AB773,2,7
5
(b) “Doula” means a nonmedical, trained professional who provides physical,
6
emotional, and informational support during pregnancy, labor, birth, and the
7
postpartum period.
AB773,2,10
8
(c) “Doula services” means childbirth education and support services,
9
including emotional, physical, and informational support provided during
10
pregnancy, labor, birth, and the postpartum period.
AB773,2,12
11
(d) “Postpartum” means the period of time following the birth of an infant to 6
12
months after the birth.
AB773,2,14
13
(e) “Restrain” means to use a mechanical, chemical, or other device to
14
constrain the movement of a person’s body or limbs.
AB773,3,2
15
(2)
Restraining a pregnant or postpartum person.
(a) A representative
16
of a correctional facility may restrain a person who is known to be pregnant or who
1
has given birth vaginally in the preceding 30 days, or has given birth by cesarean
2
section in the preceding 60 days, only if all of the following apply:
AB773,3,6
3
1. There is a substantial flight risk or some other extraordinary medical or
4
security circumstance that requires restraints to be used to ensure the safety and
5
security of the person, the staff of the correctional or medical facility, other inmates,
6
or the public.
AB773,3,10
7
2. The representative has made an individualized determination that
8
restraints are necessary to prevent escape or injury or ensure the safety and
9
security of the person, the staff of the correctional or medical facility, other inmates,
10
or the public.
AB773,3,12
11
3. There is no objection to the use of restraints by the treating medical care
12
provider.
AB773,3,14
13
4. The restraints used are the least restrictive effective type and are used in
14
the least restrictive manner.
AB773,3,17
15
(b) A representative of a correctional facility who restrains a person under
16
par. (a) shall document, in writing, the representative’s compliance with the
17
requirements under par. (a).
AB773,3,20
18
(c) All staff members who may come into contact with a person in labor or
19
postpartum person at any correctional facility shall receive training on the
20
requirements of this subsection on an annual basis.
AB773,3,22
21
(3)
Treatment of a pregnant or postpartum person.
A correctional
22
facility shall ensure all of the following for every person incarcerated at the facility:
AB773,4,2
1
(a) That every woman under 50 years of age is offered testing for pregnancy
2
and is asked whether she has given birth in the preceding 24 months or is lactating.
AB773,4,4
3
(b) That every pregnant person is offered testing for sexually transmitted
4
infections, including HIV.
AB773,4,6
5
(c) That every pregnant person who is on medication or is receiving treatment
6
be provided continuing medication or treatment.
AB773,4,9
7
(d) That every pregnant person and every person who has given birth in the
8
past 6 weeks is provided appropriate educational materials and resources related to
9
pregnancy, childbirth, breastfeeding, and parenting.
AB773,4,13
10
(e) That every pregnant person and every person who has given birth in the
11
past 6 weeks has access to doula or lactation support services if these services are
12
provided without charge to the correctional facility or the incarcerated person pays
13
for the services.
AB773,4,16
14
(f) That every pregnant person and every postpartum person has access to a
15
mental health assessment and, if indicated, mental health treatment, including
16
psychotropic medication.
AB773,4,20
17
(g) That every pregnant person who is determined to be suffering from
18
depression and every postpartum person who is determined to be suffering from
19
postpartum depression has access to evidence-based therapeutic care for
20
depression.
AB773,5,2
21
(h) That every person who has given birth in the past 24 months whose body
22
is producing breast milk has access to the necessary supplies and is provided an
1
opportunity to express the breast milk as needed to maintain an active supply of
2
breast milk.
AB773,5,5
3
(i) That every pregnant person and every postpartum person is advised orally
4
and in writing of all applicable laws and policies governing an incarcerated
5
pregnant or postpartum person.
AB773,5,6
6
(end)
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