1. Executive Summary:
Ohio House Bill No. 29 (HB29) seeks to mandate that municipal, county, and state correctional facilities in Ohio provide female inmates with free and adequate feminine hygiene products and daily access to showers with hot water during menstruation, except in emergency situations. The bill also outlines requirements for policies related to storage, administration, and disposal of hygiene products, as well as protections against discriminatory denial of these products.
2. Key Themes and Provisions:
- Provision of Feminine Hygiene Products: The central theme of HB29 is ensuring access to essential menstrual hygiene for incarcerated women.
- The bill explicitly requires that all county, municipal and state facilities that house female inmates, provide “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.”
- The definition of “feminine hygiene products” is clearly defined as “tampons and sanitary napkins that are used for the menstrual cycle.”
- Access to Showers: HB29 addresses the importance of hygiene by mandating access to daily showers during menstruation.
- Specifically, it stipulates that, “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.” This provision is mirrored for both municipal and state correctional facilities.
- Policy and Procedure Requirements: The bill mandates written policies to ensure equitable access and proper handling of feminine hygiene products.
- These policies must protect inmates from discriminatory denial based on various factors, including “race, sex, income status, degree of charge, disability status, or any other type of discriminatory identity.”
- Facilities are required to establish “proper methods of storing, administering, and disposing of feminine hygiene products” and “sanitary and safe procedures for hand washing and cleaning of surfaces between restrooms and the designated area for disposal bins.”
- Emergency Exceptions: The bill acknowledges that in emergency situations, access to these provisions may be temporarily limited.
- The definition of “Emergency” includes situations like “Riots or inmate uprisings; Escapes or attempted escapes; Staff shortages or strikes; Outbreaks of contagious diseases; Incidents of suicide or self-harm; Gang-related violence or conflicts within the inmate population; Natural disasters; Hostage situations.” This definition is consistent across sections pertaining to county, municipal, and state correctional facilities.
- Sanitary Disposal: The bill includes requirements for sanitary disposal of used products.
- Facilities are required to “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.”
3. Important Definitions:
The bill includes definitions of key terms to ensure clarity and consistent application. Some important definitions are:
- County Correctional Facility: Includes a wide range of facilities, such as “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.”
- Female: The bill defines “female” as “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.”
- Feminine Hygiene Products: Defined as “tampons and sanitary napkins that are used for the menstrual cycle.”
- Municipal Correctional Facility: Includes a range of facilities, such as “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.”
- State Correctional Institution: Defined as having “the same meaning as in section 2967.01 of the Revised Code.”
4. Key Quotes:
- “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.” (Section 341.261(B))
- “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.” (Section 341.261(F))
- “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.” (Sections 341.261(C)(1), 753.321(C)(1), 5120.631(C)(1))
5. Potential Impact:
- Improved Health and Hygiene: The bill would directly address the health and hygiene needs of incarcerated women, potentially reducing the risk of infections and other health issues.
- Reduced Financial Burden: Providing free feminine hygiene products would alleviate the financial burden on inmates and their families.
- Enhanced Dignity and Respect: Ensuring access to essential hygiene products and showers would contribute to a more humane and respectful treatment of female inmates.
- Administrative and Financial Implications: Implementing the bill would require correctional facilities to develop new policies, allocate resources for purchasing and distributing feminine hygiene products, and ensure adequate shower facilities and hot water availability.
6. Conclusion:
Ohio HB29 aims to address a critical need for incarcerated women by ensuring access to basic hygiene products and facilities. The bill’s provisions for free feminine hygiene products, daily showers, and non-discriminatory policies have the potential to significantly improve the health, dignity, and overall well-being of female inmates in Ohio’s correctional facilities.