Correctional Center Nursery Program Act

Model Policy

Section 1. Purpose and Scope.
(a) The purpose of this Act is to promote bonding and unification between eligible incarcerated mothers and children born to them while the mother is in the custody of the Department.
(b) This Act establishes a Correctional Center Nursery Program and provides for eligibility, placement, participation, termination, financial administration, regulatory oversight, and sovereign immunity relating to the Program.

Section 2. Definitions. For purposes of this Act, the following terms have the following meanings:
(a) “Child Support Enforcement Agency” means [STATE CHILD SUPPORT ENFORCEMENT AGENCY].
(b) “Correctional Center Nursery Program” or “Program” means the program established under Section 3 of this Act.
(c) “Criminal Nonsupport” means [INSERT RELEVANT STATUTORY DEFINITION].
(d) “Dangerous Condition” means [INSERT RELEVANT STATUTORY DEFINITION].
e) “Dangerous Felony” means [INSERT RELEVANT STATUTORY DEFINITION].
(f) “Department” means [STATE DEPARTMENT OF CORRECTIONS].
(g) “Offense Against the Family” means [INSERT RELEVANT STATUTORY DEFINITION].
(h) “Public Assistance” means all forms of assistance, including monetary assistance from any public source paid either to the mother or child or any other person on behalf of the child.
(i) “Release Authority” means [STATE PAROLE BOARD OR OTHER AUTHORITY RESPONSIBLE FOR ESTABLISHING PRESUMPTIVE RELEASE DATES].
(j) “Sexual Offense” means [INSERT RELEVANT STATUTORY DEFINITION].
(k) “State Children’s Health Insurance Program” means [INSERT RELEVANT STATE PROGRAM NAME AND STATUTORY CITATION].
(l) “Support” means the payment of money, including interest:

1. For a child or spouse ordered by a court of competent jurisdiction, whether the payment is ordered in an emergency, temporary, permanent, or modified order. The amount of unpaid Support shall bear simple interest from the date it accrued at [INSERT APPLICABLE STATUTORY INTEREST RATE], proportionately for a greater or lesser sum or for a longer or shorter time;
2. To third parties on behalf of a child or spouse, including, but not limited to, payments to medical, dental, or educational providers; payments to insurers for health and hospitalization insurance; residential rent or mortgage payments; automobile payments; or payments for day care; or
3. For a mother, ordered by a court of competent jurisdiction, for the necessary expenses incurred by or for the mother in connection with her confinement or other expenses in connection with the pregnancy of the mother.

(m) “Treasurer” means [STATE TREASURER OR EQUIVALENT FISCAL OFFICER].

Section 3. Establishment of Correctional Center Nursery Program.
(a) Subject to appropriations, the Department shall establish a Correctional Center Nursery Program in one or more correctional centers for women operated by the Department no later than [INSERT DATE].
(b) The Program shall allow eligible inmates and children born to them while the inmates are in the custody of the Department to reside together in the institution for up to eighteen months after delivery.
(c) Neither an inmate’s participation in the Program nor any provision of this Act shall affect, modify, or interfere with the inmate’s custodial rights to the child, and this Act does not establish legal custody of the child with the Department.

Section 4. Eligibility, Placement, and Capacity.
(a) An inmate is eligible to participate in the Program if:

1. She delivers the child while in the custody of the Department;
2. She is expected to give birth or gives birth on or after the date the Program is implemented;
3. She has a presumptive release date established by the Release Authority of eighteen months or less from the date she applies to participate in the Program;
4. She has not pleaded guilty to or been convicted of a Dangerous Felony;
5. She has not pleaded guilty to or been convicted of any Sexual Offense where the victim of the crime was a minor;
6. She has not pleaded guilty to or been convicted of an Offense Against the Family, excluding Criminal Nonsupport; and
7. She and the child meet any other criteria established by the Department.

(b) Placement into the Program shall be by internal classification of the Department. A sentencing court is without jurisdiction to order placement of an inmate into the Program.
(c) Program capacity shall be determined by the Department.
(d) Upon first release of the mother and child, the child shall not be eligible to return to the Program if the mother is revoked or receives a new assignment to the Department.

Section 5. Participation Requirements and Department Policy.
(a) To participate in the Program, each eligible inmate selected by the Department shall agree in writing to:

1. Comply with all Department policies, procedures, and other requirements related to the Program and rules that apply to all incarcerated offenders generally;
2. If eligible, have the child participate in the State Children’s Health Insurance Program;
3. Abide by any court decisions regarding the allocation of parental rights and responsibilities with respect to the child; and
4. Specify with whom the child is to be placed if the inmate’s participation in the Program is terminated for a reason other than release from imprisonment.

(b) The Department shall establish policy for the operation of the Program.

Section 6. Termination of Participation.
(a) An inmate’s participation in the Program may be terminated by the Department if one of the following occurs:

1. The inmate fails to comply with the written agreement required under Section 5;
2. The inmate violates an institutional rule that results in alternative housing placement outside the area designated for the Program;
3. The inmate’s child becomes seriously ill, cannot receive the necessary medical care, or otherwise cannot safely participate in the Program;
4. A court of competent jurisdiction grants custody of the child to a person other than the inmate;
5. A court of competent jurisdiction issues an order regarding the child granting temporary, permanent, or legal custody of the child to a person other than the inmate, or to a [PUBLIC CHILD WELFARE AGENCY] or [PRIVATE CHILD-PLACING AGENCY]; or
6. The inmate is released from imprisonment.

Section 7. Support, Public Assistance, and Donations.
(a) The Child Support Enforcement Agency shall collect Support payments made pursuant to [INSERT APPLICABLE SUPPORT ASSIGNMENT PROVISION] and forward them to the Department for deposit into the inmate’s [INMATE BANKING OR TRUST ACCOUNT].
(b) The Department may accept monetary and property donations on behalf of the Program.
(c) All donations accepted by the Department for the Program shall be used solely for expenses relating to the operation and maintenance of the Program.
(d) No donation of property shall be made on behalf of one particular inmate or child for use while the inmate is incarcerated.
(e) Financial donations, Public Assistance, or Support for a specific inmate or child shall be made through the [INMATE BANKING OR TRUST ACCOUNT SYSTEM].

Section 8. Correctional Center Nursery Program Fund.
(a) There is created in the [STATE TREASURY OR EQUIVALENT] the “Correctional Center Nursery Program Fund,” which shall consist of money collected under this Section and Section 7, together with any appropriations made by the [STATE LEGISLATURE]. The Department shall obtain sufficient resources to initiate and maintain the Program and may accept gifts, grants, and donations of any kind.
(b) The Treasurer shall be custodian of the fund. In accordance with [INSERT RELEVANT STATE TREASURY DISBURSEMENT LAW], the Treasurer may approve disbursements.
(c) The fund shall be a dedicated fund, and money in the fund shall be used solely by the Department to operate and maintain the Program.
(d) Notwithstanding [INSERT RELEVANT STATE FUND REVERSION LAW], any money remaining in the fund at the end of [INSERT APPLICABLE FISCAL PERIOD] shall not revert to the [STATE GENERAL REVENUE FUND OR EQUIVALENT].
(e) The Treasurer shall invest money in the fund in the same manner as other state funds are invested. Any interest and money earned on those investments shall be credited to the fund.

Section 9. Regulation, Licensing, and Oversight.
(a) Notwithstanding any other provision of law to the contrary, neither the Program nor the Department, with respect to the Program, is subject to regulation, licensing, or oversight by the [STATE HEALTH AGENCY], [STATE SOCIAL SERVICES AGENCY], [STATE CHILD WELFARE AGENCY], [JUVENILE OFFICER OR EQUIVALENT AUTHORITY], or [STATE EARLY CHILDHOOD AGENCY] unless the Department voluntarily agrees to services, regulation, licensing, or oversight from any such entity.

Section 10. Sovereign Immunity.
(a) The operation of the Program and the presence of children of inmates participating in the Program shall not be considered a Dangerous Condition that would result in a waiver of sovereign immunity under [INSERT RELEVANT STATE SOVEREIGN IMMUNITY STATUTE].
(b) The sovereign immunity provisions of [INSERT RELEVANT STATE SOVEREIGN IMMUNITY STATUTE] and any other state law regarding the sovereign immunity of the state or public entities in existence as of [EFFECTIVE DATE OF THIS ACT] shall remain in effect and shall be applied in the same manner as those provisions were applied before establishment of the Program.

Section 11. Severability Clause.
If any provision of this Act or its application to any person or circumstance is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or applications of this Act that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Act are severable.

Section 12. Repealer Clause.
All laws and parts of laws in conflict with this Act are repealed to the extent of the conflict.

Section 13. Effective Date.
This act goes into effect on [INSERT DATE].