KRS 196.175: Pregnant inmate -- Access to community-based programs -- Social worker

to discuss options for care, feeding, and placement of infant -- Inmate's access

to telephone -- Facility to provide nutrition and hygiene -related products for

care of infant free of charge to indigent inmate.

For any inmate housed in a jail, penitentiary, or local or state correctional or detention

facility, residential center, or reentry center who is known to be pregnant:

(1) The facility shall provide the inmate notice o f, access to, and a written application

for community-based programs serving pregnant, birthing, or lactating inmates. At a

minimum, the notice shall contain how to qualify for the programs as well as

timelines for applying and the process for appealing a denial. If a community-based

program accepts the inmate but is denied access to the facility, the facility shall

provide to the inmate, in writing within fifteen (15) days of the request, the safety or

security concerns for the inmate, infant, public, or staff that led to the denial.

(2) The facility shall refer the inmate to a social worker who shall:

(a) Discuss with the inmate the options available for feeding, placement, and care

of the infant, including the benefits of lactation;

(b) Provide the inmate access to a phone to contact family regarding placement of

the infant; and

(c) Oversee the placement of the infant.

(3) For up to seventy-two (72) hours after the birth, the facility shall ensure that:

(a) The infant is allowed to remain with the inmate, unless a medical professional

determines that doing so would pose a health or safety risk to the inmate or

infant; and

(b) The inmate has access to nutritional or hygiene -related products necessary to

care for the infant, including but not limited to diape rs. Such products shall be

provided free of charge to indigent inmates.