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:

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

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

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

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

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

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those deemed medically appropriate.

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

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

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

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

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

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

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

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

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

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correctional officer accompanying the prisoner or detainee shall immediately remove all

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

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

 

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consulted;

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

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

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during postpartum recovery; and

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

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

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

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leg or hand restraints shall be used.

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

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

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manner necessary; and

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

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

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

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

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

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consent.

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

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

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

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

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

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

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ยง42-56.3-3(e).

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     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

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

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

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

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

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pregnancies that were terminated in the previous year.

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     This act would take effect on January 1, 2017.

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