2018 -- S 2268 SUBSTITUTE A

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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: Senators Lynch Prata, Metts, Gee, Quezada, and Nesselbush

     Date Introduced: February 01, 2018

     Referred To: Senate 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 pregnant women incarcerated at the adult correctional institutions during the previous year, 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

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     This act would prohibit the use of restraints on a prisoner or detainee known to be in her

third trimester of pregnancy during transport to or from court proceedings by sheriffs as well as

the department of corrections and require the department of public safety and corrections to

submit annual reports to the general assembly regarding the number of prisoners or detainees

known to be in their third trimester of pregnancy who were transported or restrained at the adult

correctional institution.

     This act would take effect on January 1, 2019.

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