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REFERENCE TITLE: pregnant prisoners; restraints prohibited; exception |
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State of Arizona House of Representatives Fiftieth Legislature Second Regular Session 2012
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HB 2528 |
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Introduced by Representatives Ash, Alston, Chabin, Farley, Meyer, Miranda C, Patterson, Saldate, Tovar, Wheeler: Gonzales, Hale, Jones, McLain
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AN ACT
amending title 31, Arizona Revised Statutes, by adding chapter 5; relating to restraints on 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 5, to read:
CHAPTER 5
RESTRAINTS ON PREGNANT PRISONERS
ARTICLE 1. GENERAL PROVISIONS
31-601. Pregnant prisoners; restraints; written findings; rules; definitions
A. A correctional institution shall not use restraints on a prisoner or detainee who is known to be pregnant, including during labor, transport to a medical facility, delivery and postpartum recovery, unless the corrections official makes an individualized determination that the prisoner or detainee presents an extraordinary circumstance, except that:
1. If the doctor, nurse or other health professional treating the prisoner or detainee requests that restraints not be used, the corrections official accompanying the prisoner or detainee shall immediately remove all restraints.
2. Under no circumstances shall leg or waist restraints be used on any prisoner or detainee who is in labor or delivery.
B. If restraints are used on a prisoner or detainee pursuant to subsection A of this section:
1. The type of restraint applied and the application of the restraint must be done in the least restrictive manner necessary.
2. The corrections official shall make written findings within ten days as to the extraordinary circumstance that dictated the use of the restraints. These findings shall be kept on file by the correctional institution for at least five years and made available for public inspection unless otherwise dictated by state or federal law.
C. Within thirty days after the effective date of this section, all correctional institutions in this state shall adopt rules pursuant to this section.
D. Correctional institutions shall inform prisoners and detainees of the rules adopted pursuant to subsection C of this section on admission to the correctional institution and include policies and practices pursuant to this section in the prisoner handbook.
E. For the purposes of this section:
1. "Correctional institution" means any entity under the authority of any state, county or municipal law enforcement agency that has the power to detain or restrain a person under the laws of this state.
2. "Corrections official" means the official that is responsible for oversight of a correctional institution or the official's designee.
3. "Detainee" includes any person who is detained under the immigration laws of the United States at any correctional institution.
4. "extraordinary circumstance" means a substantial flight risk or some other extraordinary medical or security circumstance that dictates restraints be used to ensure the safety and security of the prisoner or detainee, the staff of the correctional institution or medical facility, other prisoners or detainees or the public.
5. "Labor" means the period of time before a birth during which contractions are of sufficient frequency, intensity and duration to bring about effacement and progressive dilation of the cervix.
6. "postpartum recovery" means, as determined by the woman's physician, the period immediately following delivery, including the period a woman is in the hospital or infirmary after birth.
7. "Prisoner" means any person who is incarcerated or detained in any correctional institution and who is accused of, convicted of, sentenced for or adjudicated delinquent for a violation of a criminal law or the terms and conditions of community supervision, probation, pretrial release or diversionary programs.
8. "Restraints" means any physical restraint or mechanical device used to control the movement of a prisoner's or detainee's body or limbs, including flex cuffs, soft restraints, hard metal handcuffs, a black box, chubb cuffs, leg irons, belly chains, a security tether chain or a convex shield.