Chapter 068
2011 -- S 0165 SUBSTITUTE A
Enacted 06/08/11
A N A C T
RELATING TO STATE AFFAIRS AND GOVERNMENT - CORRECTIONS
Introduced By: Senators Perry, Metts, Miller, DeVall, and Lynch
Date Introduced: February 03, 2011
It is enacted by the
General Assembly as follows:
SECTION 1. Title 42 of the General Laws entitled "STATE
AFFAIRS AND
GOVERNMENT" is hereby
amended by adding thereto the following chapter:
CHAPTER
56.3
THE
HEALTHY PREGNANCIES FOR INCARCERATED WOMEN ACT
42-56.3-1.
Title. -- This chapter shall be known and may
be cited as "The Healthy
Pregnancies for Incarcerated
Women Act."
42-56.3-2.
Findings. -- (a) Restraining a pregnant woman
can pose undue health risks to
the woman and her pregnancy.
(b) The vast majority
of female prisoners or detainees in
offenders.
(c) Restraining
pregnant prisoners and detainees increases the potential for physical harm
from an accidental trip or fall.
(d) Freedom from
physical restraints is especially critical during labor, delivery, and
postpartum recovery after delivery. Women often need to move around
during labor and
recovery, and restraints can further interfere with medical
staff's ability to appropriately assist in
childbirth or to conduct emergency procedures.
(e) Public health
organizations have expressed opposition to shackling pregnant women
because of the dangers posed to a woman's health and
well-being.
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, 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.
42-56.3-4.
Enforcement. – In addition to any other rights
and remedies afforded by law,
any person who has been restrained in violation of this
chapter may file a civil action for damages
and any appropriate and equitable relief in Superior
Court. The court may also award a prevailing
plaintiff reasonable attorneys’ fees and costs.
42-56.3-5.
Regulations and notice to prisoners and detainees. – (a) The department
shall promulgate rules and regulations in accordance with
chapter 35 of title 42 to implement this
chapter.
(b) All prisoners and
detainees potentially affected by this chapter shall be advised of the
requirements of this chapter and the rules promulgated pursuant to
subsection (a) upon admission
to the correctional institution and when known to be
pregnant.
42-56.3-6.
Training school for youth. – The provisions of
this chapter shall also apply
to the training school for youth.
42-56.3-7. Postpartum recovery defined. – For purposes of
this chapter, “postpartum
recovery” means, as determined by her physician, the period
immediately following delivery,
including the entire period a woman is in the hospital or
infirmary after birth.
SECTION 2. This act shall take effect upon passage.
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LC00678/SUB A/2
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