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California Code, Penal Code - PEN § 4002.5

Current as of January 01, 2025 | Updated by Findlaw Staff

(a) On or before January 1, 2020, the sheriff of each county or the administrator of each county jail shall develop and implement an infant and toddler breast milk feeding policy for lactating inmates detained in or sentenced to a county jail. The policy shall be based on currently accepted best practices. The policy shall include all of the following provisions:

(1) Procedures for providing medically appropriate support and care related to the cessation of lactation or weaning.

(2) Procedures providing for human milk expression, disposal, and same-day storage for later retrieval and delivery to an infant or toddler by an approved person, at the option of the lactating inmate and with the approval of the facility administrator.

(3) Procedures for conditioning an inmate's participation in the program upon the inmate undergoing drug screening.

(b) The infant and toddler breast milk feeding policy for lactating inmates shall be posted in all locations in the jail where medical care is provided and the provisions of the policy shall be communicated to all staff persons who interact with or oversee pregnant or lactating inmates.

(c) This section applies without regard to whether the jail is operated pursuant to a contract with a private contractor and without regard to whether the inmate has been charged with or convicted of a crime.

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Cite this article: FindLaw.com - California Code, Penal Code - PEN § 4002.5 - last updated January 01, 2025 | https://codes.findlaw.com/ca/penal-code/pen-sect-4002-5/

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