HB 29

(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;
H. B. No. 29  136th G.A.
  2
  (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.
H. B. No. 29  136th G.A.
  3
  (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.
H. B. No. 29  136th G.A.
     Speaker ___________________ of the House of Representatives.
  President ___________________ of the Senate.
Passed ________________________, 20____
Approved ________________________, 20____
  Governor.
H. B. No. 29  136th G.A.
  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 ___________________