2018 -- H 7182

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LC003346

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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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 Ajello, Shanley, Walsh, McEntee, and Craven

     Date Introduced: January 17, 2018

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 42-29 of the General Laws entitled "Sheriffs" is hereby amended

by adding thereto the following section:

     42-29-32. Restraint of prisoners and detainees.

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

known to be in her third trimester of pregnancy during transport to or from a court proceeding,

except in accordance with the provisions of § 42-56.3-3(b). If restraints are used, the type of

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

necessary.

     (b) If restraints are used on a prisoner or detainee pursuant to subsection (a) of this

section, the sheriff shall submit to the director of the department of public safety within five (5)

days a report articulating the grounds that dictated the use of restraints. The department shall

submit to the general assembly in January of each year a report disclosing the number of

prisoners or detainees who were subjected to restraints pursuant to subsection (a) of this section,

and the grounds for their use. No individually identifying information of any prisoner or detainee

shall be included in the report.

     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 women in their third trimester of pregnancy incarcerated at the adult correctional institutions

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). These findings shall 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 3. This act shall take effect January 1, 2019.

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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 in their third

trimester during transport to or from court proceedings by sheriffs, as well as the department of

corrections and would require the department of public safety and corrections to submit annual

reports to the general assembly regarding the number of pregnant women in their third trimester

transported or restrained at the adult correctional institution, with the department of corrections

including the number of women who gave birth, or had a stillbirth or termination of a pregnancy

and the number of pregnancies that were terminated in the previous year.

     This act would take effect on January 1, 2019.

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