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Alabama House OKs bill requiring hygiene products for female inmates

Brian Lyman
Montgomery Advertiser
Inmates sit on their bunks Tutwiler Women's Correction Facility in Wetumpka, Ala., on Monday, Feb. 6, 2017. Tutwiler is Alabama's second oldest corrections facility.

The Alabama House of Representatives on Tuesday approved legislation requiring the Alabama Department of Corrections (DOC) and local sheriffs to provide feminine hygiene products to female inmates. 

The bill, sponsored by Rep. Rolanda Hollis, D-Birmingham, passed 101 to 0 after a brief debate. It goes to the Alabama Senate. 

Hollis said after the vote she had heard from families of women incarcerated at Julia Tutwiler Prison for Women in Wetumpka and in county jails, who all said they were having difficulties obtaining their supplies. 

“What I'm hearing is they were not receiving their products in a timely manner, which was causing women to start making their own products," Hollis said after the vote. "Due to that, they started getting infected. If a woman was thrown into the hole, she didn't have access to those products."

In an email, Bob Horton, a spokesman for the Alabama Department of Corrections (DOC), wrote that U.S. Department of Justice (DOJ) inspects women's facilities every six months. Those checks include assessments of the availability of women's hygiene products.  

"No deficiencies in this area have been recently been noted," he wrote.

Access to feminine hygiene products in prisons has been an issue around the country. In its 2015 consent decree with the U.S. Department of Justice over Tutwiler, DOJ required DOC to provide tampons and sanitary napkins free of charge and ensure that women get hygiene and feminine hygiene products.

A 2014 DOJ investigation found instances of sexual abuse and harassment throughout the facility, and access to these products became part of it. 

"Prisoners are compelled to submit to unlawful sexual advances to either obtain necessities, such as feminine hygiene products and laundry service, or to avoid punishment," a DOJ report said.

Hortonwrote in an email Tuesday that since 2015, female inmates are issued a supply feminine products at the beginning of each months; that products are replaced when depleted and that bathrooms are stocked with sanitary napkins and tampons. 

"Additionally, ADOC allows for special allowances for instances involving medical-related needs or for items worn, damaged, or missing for reasons beyond the inmate's control," Horton wrote. "Each facility warden also ensures that inmates are given the opportunity to speak to any staff or supervisor if they require assistance in obtaining their hygiene items."

The bill had wide-ranging support from Democrats and Republicans in the House. Some women who spoke on the bill said it was a disgrace that the state had a law to ensure incarcerated women had access to these products. 

“This is what we have to do, to legislate what is an ordinary function for a woman’s body, that we have to tell prison officials and say this is what you have to do,” said Rep. Barbara Drummond, D-Mobile.

The Tutwiler consent decree followed an investigation that detailed widespread abuses at Tutwiler. Earlier this month, DOJ released a report detailing rape, kidnapping and violence against inmates and corrections staff within Alabama’s men’s prison facilities. DOJ gave the state seven weeks to come up with a plan to address the problems or risk a lawsuit. DOC has already been sued over inadequate medical and mental health care provided to inmates. 

More:DOJ rips Alabama in graphic report for 'failing to protect' prisoners

U.S. District Judge Myron Thompson in 2017 ruled that the prison system’s mental health care was “horrendously inadequate” and order the state to address the issues. DOC will also have to increase corrections officer staffing in the next several years.

Updated at 7:20 p.m. with additional comments from Hollis and the Alabama Department of Corrections.