| Chapter 130 |
| 2018 -- H 7182 SUBSTITUTE A Enacted 07/02/2018 |
| 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 |
| 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. |
| ======== |
| LC003346/SUB A |
| ======== |