Ohio bill that would require free feminine hygiene products in prisons moves forward

COLUMBUS, Ohio (WCMH) – A bill that would require Ohio prisons to offer incarcerated women free feminine hygiene products has taken a step toward becoming law. 

The Ohio House unanimously passed House Bill 29 on Wednesday, which would require all jails and prisons in the state that house women to provide an “adequate supply” of free pads and tampons in a “variety of sizes.”

The bipartisan legislation, sponsored by Reps. Latyna Humphrey (D-Columbus) and Marilyn John (R-Richland County), would also require facilities to allow at least one shower a day for inmates who are menstruating. Under the bill, correctional institutions could not deny an inmate feminine hygiene products and would have to implement formal policies surrounding the distribution of the products. 

Before passing the House, the bill went through four hearings where 13 people testified in its support, with nobody publicly opposing it. Zachary Miller with the Office of the Public Defender spoke at an April hearing, stating that feminine hygiene products are not a luxury but a necessary healthcare item. 

“Scarcity of these products could cause the women to use the products for longer than recommended, leading to negative health outcomes or encourage them to barter for these products, opening the door for potential abuses of power,” Miller said. 

Multiple former female inmates also testified at the hearings, many of which shared stories of facing limited access to sanitary products and resorting to using socks, toilet paper or other items as makeshift pads and tampons. Some recalled negative health outcomes as a result of a lack of readily available products.

Currently, there is no Ohio law requiring jails and prisons to provide feminine hygiene products. In 2022, the Ohio Department of Rehabilitation and Correction issued a policy to ensure women receive free and unlimited feminine hygiene products. However, during testimony, multiple people claimed access is not always reliable, and Humphrey pointed out that the policy could be rescinded. 

There are an estimated 3,000 to 4,000 women incarcerated in Ohio, according to Miller. The department of rehabilitation and correction oversees all 28 prisons in the state but does not operate jails. Last year, the state department spent about $173,500 on feminine products in prisons, according to an analysis of the bill.

“While the Ohio Department of Rehabilitation and Corrections currently has a policy that requires these products to be provided to the women under its care at no cost, there are other correctional facilities in Ohio where access is not guaranteed,” Miller said. 

Humphrey introduced a similar bill in the last legislative session that passed the House unanimously but stalled in the Senate. The former bill also did not receive any opponent testimony. 

SB 29 will now move to the Senate for consideration. If the bill is signed into law, Ohio will join 25 other states that have statutes requiring free feminine hygiene products for incarcerated women.