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REFERENCE TITLE: pregnant prisoners; restraints |
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State of Arizona House of Representatives Forty-ninth Legislature Second Regular Session 2010
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HB 2745 |
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Introduced by Representatives Garcia M: Bradley, Lopes, Tovar
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AN ACT
amending title 31, Arizona Revised Statutes, by adding chapter 6; relating to pregnant prisoners.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 31, Arizona Revised Statutes, is amended by adding chapter 6, to read:
CHAPTER 6
RESTRAINTS ON PREGNANT PRISONERS
ARTICLE 1. GENERAL PROVISIONS
31-601. Pregnant prisoners; restraints; definitions
A. A prisoner who is pregnant shall be restrained using the least restrictive restraints necessary if any employee or agent of the PRISON has actual or constructive knowledge of the PRISONER'S pregnancy.
B. An employee or agent of a prison shall not use restraints of any kind on a prisoner who is in labor, delivering her baby or recuperating from the delivery unless there is a compelling reason to believe that the prisoner is either:
1. An immediate and serious threat to herself or another person.
2. A substantial flight risk and cannot be reasonably contained by other means.
C. If a prisoner who is in labor or who is delivering her baby is restrained, an employee or agent of the prison may use only the least restrictive restraints that are necessary to ensure safety and security.
D. FOR THE PURPOSES OF THIS SECTION:
1. "PRISON" INcLUDES A JAIL, PRIVATE PRISON, CORRECTIONAL FACILITY, SECURE CARE FACILITY AND JUVENILE DETENTION CENTER.
2. "pRISONER" INCLUDES ANY PERSON, INCLUDING A JUVENILE WHO IS COMMITTED, DETAINED OR HELD IN A PRISON.