Penal Code section 3408.5

(a)

A plan of care for an incarcerated pregnant person developed pursuant to Section 3408 shall include a meal plan with additional meals and beverages, in accordance with medical standards of care.

(b)

Following delivery at a medical facility as required by Section 3408, the incarcerated mother and the newborn child shall remain at the facility for as long as the medical provider determines is necessary after delivery for recovery and postpartum medical care. The incarcerated mother and child shall be provided with bonding time after delivery until discharge from the medical facility.

(c)

The incarcerated mother shall be permitted to breastfeed the newborn while at the medical facility, and, while at the correctional facility, pump breast milk to be stored and provided to the child.

Source: Section 3408.5, https://leginfo.­legislature.­ca.­gov/faces/codes_displaySection.­xhtml?lawCode=PEN§ionNum=3408.­5.­ (accessed May 14, 2025).

Last Updated

May 12, 2025

§ 3408.5’s source at ca​.gov