2016 -- H 7613

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LC004669

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - THE HEALTHY PREGNANCIES

FOR INCARCERATED WOMEN ACT

     Introduced By: Representatives Maldonado, Diaz, Keable, Blazejewski, and Fogarty

     Date Introduced: February 12, 2016

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 42-56.3-3 of the General Laws in Chapter 42-56.3 entitled "The

Healthy Pregnancies for Incarcerated Women Act" is hereby amended to read as follows:

     42-56.3-3. Restraint of prisoners and detainees. -- (a) Whenever the department of

corrections has actual or constructive knowledge that a prisoner or detainee is in the second or

third trimester of pregnancy, any restraints used on the pregnant prisoner or detainee shall be only

those deemed medically appropriate.

      (b) No handcuffs, shackles or other restraints shall be used on a prisoner or detainee

known to be pregnant during transport to a medical facility, labor, delivery, or postpartum

recovery, or, during the third trimester of her pregnancy, to or from a court proceeding, unless

there are compelling grounds to believe that the prisoner or detainee presents:

      (1) An immediate and serious threat of physical harm to herself, staff or others; or

      (2) A substantial flight risk and cannot be reasonably contained by other means.

      (c) Notwithstanding the provisions of subsection (b):

      (1) If the doctor, nurse or other health professional treating the prisoner or detainee

requests, based on his or her professional medical judgment, that restraints not be used, any

correctional officer accompanying the prisoner or detainee shall immediately remove all

restraints; provided further, however, that in the absence of exigent circumstances, as determined

by the health professional, the medical director of the department of corrections shall first be

consulted;

      (2) Under no circumstances shall leg or waist restraints be used on any prisoner or

detainee who is in labor or delivery, nor shall waist restraints be used under any circumstances

during postpartum recovery; and

      (3) Upon confirmation by the medical director of the department of corrections that a

prisoner or detainee in postpartum recovery may be subject to restraint pursuant to subsection (b),

the treating health professional shall, in consultation with the medical director, determine whether

leg or hand restraints shall be used.

      (d) If restraints are used on a prisoner or detainee pursuant to subsection (a) or (b), the

type of restraint applied and the application of the restraint shall be done in the least restrictive

manner necessary; and

      (e) If restraints are used on a prisoner or detainee pursuant to subsection (b), the

correctional officer shall submit to the department within five (5) days written findings

articulating the grounds that dictated the use of the restraints. These findings shall be kept on file

and be made available for public inspection, except that no individually identifying information

of any prisoner or detainee shall be made public without the prisoner or detainee's written

consent.

     SECTION 2. Chapter 42-56.3 of the General Laws entitled "The Healthy Pregnancies for

Incarcerated Women Act" is hereby amended by adding thereto the following section:

     42-56.3-8. Reports. -- The department shall report to the general assembly in January of

each year the number of pregnant women incarcerated at the adult correctional institution during

the previous year, including the number of women who gave birth, or who had a stillbirth or

termination of pregnancy, and the number who were subject to the use of restraints as specified in

§42-56.3-3(e).

     SECTION 3. This act shall take effect on January 1, 2017.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - THE HEALTHY PREGNANCIES

FOR INCARCERATED WOMEN ACT

***

     This act would prohibit the use of restraints on pregnant female prisoners during transport

to court during the third trimester of pregnancy, and would require the department of corrections

to submit annual reports to the general assembly regarding the number of pregnant women at the

Adult Correctional Institution, including the number of women who gave birth and the number of

pregnancies that were terminated in the previous year.

     This act would take effect on January 1, 2017.

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