In New Mexico, people held in custody often have to beg for menstrual products because the New Mexico Department of Corrections (NMCD) has no uniform policy for their provision. New Mexico must catch up to the federal system and 13 other states in passing a policy to stock and distribute products like pads and tampons – which are basic necessities for protecting the health, dignity, and basic humanity of people in custody.
Short supply and high costs.
People in custody face significant barriers to obtaining menstrual products, which are often insufficient in quantity and poor in quality. Correctional staff limit the number of pads per person, leading people to run out while they’re still bleeding. Products like tampons are priced so high that many can’t afford them. It would take an average person in custody 54 hours of work to afford just a single box of tampons at current pay rates.
Significant health risks.
Many people reuse products or resort to makeshift substitutes, exposing them to health risks like reproductive tract infections, negative pregnancy outcomes, STIs, cervical cancer, and toxic shock syndrome, which can require hysterectomies or even lead to death. A shortage of menstrual products also affects mental well-being, as bleeding through clothes causes shame and reluctance to participate in work, study, and other activities.
Worsening power dynamics.
Insufficient access to menstrual products also exposes people in custody to degrading and dehumanizing experiences that worsen power imbalances. Correctional officers have, at times, withheld menstrual products as a form of punishment and have leveraged access to them in exchange for sexual favors, exposing women in custody to the risk of abuse or rape.
Affirming reproductive health as a right.
We must guarantee the safe, affordable, and consistent availability of menstrual products for all people in custody who need them. This bill recognizes access to tampons and pads as a right rather than a privilege and menstrual products as a fundamental human necessity. It seeks to ensure that everyone can manage menstruation with dignity, free from shame and stigma, affirming their right to bodily autonomy, health, and hygiene.
