In a late afternoon session, the Minnesota House passed HF1403/SF1315*, the Healthy Start Act, which:
. . . would authorize the Department of Corrections to conditionally release, for up to one year, an inmate who is postpartum and gave birth within eight months of the date of commitment.
For an inmate who is pregnant, the bill would allow for a conditional release for the duration of the pregnancy and up to one year postpartum.
If an inmate has more time to serve after her conditional release, she would return to prison unless the Corrections Department decides another option. . . .
The bill passed in a 128-5 vote, and having passed in the Senate, is on its way to Governor Walz's desk.
According to the Journal of the House, the five state representatives who voted against the bill were: Minority Leader Kurt Daudt, R-Crown; Brian Johnson, R-Cambridge; Shane Mekeland, R-Clear Lake; Deputy Minority Leader Anne Neu Brindley, R-North Branch; and Chris Swedzinski, R-Ghent.
Here's the Minnesota House Information Services YouTube of the floor debate, followed by the Session Daily article about the bill's passage and some representative tweets.
At Session Daily, Tim Walker reports in House OKs bill offering conditional release to inmates who give birth:
Imagine the heartbreak a new mother would feel if her newborn baby were taken away from her in as little as 36 hours after giving birth.
That is what happens currently when female prison inmates give birth while serving time in Minnesota, says Rep. Jamie Becker-Finn (DFL-Roseville).
She says taking a newborn away from an incarcerated mother brings unnecessary trauma to both and disrupts critical bonding time.
“Instead of bringing that baby home with them, and spending those critical first days, weeks and months with their baby, they hand their baby off to somebody else,” Becker-Finn said. “This practice isn’t OK. It’s cruel to both the mom and the baby.”
She sponsors HF1403/SF1315*, which passed the House 128-5 Monday. The Senate passed the bill, co-sponsored by Sen. Mary Kiffmeyer (R-Big Lake), 65-0 on April 13. It now goes to Gov. Tim Walz.
Dubbed the “Healthy Start Act,” the bill had 35 House sponsors – all women.
It would authorize the Department of Corrections to conditionally release, for up to one year, an inmate who is postpartum and gave birth within eight months of the date of commitment.
For an inmate who is pregnant, the bill would allow for a conditional release for the duration of the pregnancy and up to one year postpartum.
If an inmate has more time to serve after her conditional release, she would return to prison unless the Corrections Department decides another option.
“They are still going to serve their time, it’s just going to be in a different way to make sure they are not separated from that newborn baby,” Becker-Finn said.
A conditional release would need to include “community-based programming for the purpose of participation in prenatal or postnatal care programming and to promote mother-child bonding.”
The Corrections Department could also require the released inmate to enroll in parenting skills programming, work at paid employment, seek employment, or participate in vocational training, an educational program, or chemical dependency or mental health treatment services.
Rep. Marion O'Neill (R-Maple Lake) cited research showing that mother-baby bonding early in the baby’s life is critical for several important areas of brain development.
“When we keep mothers and babies together, a powerful, amazing thing happens to these children,” she said. “It literally sets in motion the rest of their lives.”
According to statistics from the Corrections Department, of the 278 pregnant women sentenced to serve time in Minnesota between 2013 and 2020, 77% were in prison for technical violations of supervision, and 84% had non-violent offenses. A majority, 54%, were released within six months of giving birth.
The language in the bill is also included in the House version of the omnibus judiciary and public safety policy and finance bill, HF1030/SF970*, which is currently in conference committee.
Some tweets about the bill:
A fitting Mother's Day bill for #mnleg to pass SF 1315 that allows incarcerated mothers time with their babies after giving birth. Thank you to Reps. @jbeckerfinn & @MarionONeill1 for bringing it forward.
— Esther Agbaje for State Rep. (@go4esther) May 10, 2021
Incredibly moving and historic day in the #mnleg as @jbeckerfinn and @MarionONeill1 present SF 1315- an all-female authored bill (including me!) to keep incarcerated mothers with their new babies together. Amazing bill for families and great timing with Mother's Day!
— Sydney Jordan (@SydneyJordanMN) May 10, 2021
Photo: In this 2019 photo by Jean Pieri / St. Paul Pioneer Press, Sarah Schalker talked about her life and her young daughter at the Minnesota Correctional Facility-Shakopee on Wednesday. Schalker, then 42, is serving an 8½-year sentence for possession of methamphetamine. She gave birth to her only child, daughter Indigo, while she was incarcerated. She estimated that she sees Indigo seven to 10 hours per month. Via Grand Forks Herald, Minnesota corrections officials consider alternatives to prison for pregnant women and mothers.
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