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:

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

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by adding thereto the following section:

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

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

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

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

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

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necessary.

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

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

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

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

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

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

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shall be included in the report.

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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.

 

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     The department shall report to the general assembly in January of each year the number

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of pregnant women incarcerated at the adult correctional institutions during the previous year, and

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the number who were subject to the use of restraints as specified in § 42-56.3-3(e). These findings

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shall 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 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

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

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

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

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

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correctional institution.

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     This act would take effect on January 1, 2019.

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