31-601 - Pregnant prisoners; restraints; written findings; rules; appropriate food and dietary supplements; restrictive housing; bed placement; training; reporting; definitions

31-601. Pregnant prisoners; restraints; written findings; rules; appropriate food and dietary supplements; restrictive housing; bed placement; training; reporting; definitions

A. After a correctional institution receives information that a prisoner or detainee is pregnant or after a prisoner's or detainee's pregnancy diagnosis, a correctional institution shall not use restraints on a prisoner or detainee for the duration of the pregnancy and for thirty days following the delivery of a child, including when the prisoner or detainee is being transported for delivery or during labor, delivery and postpartum recovery, unless either of the following applies:

1. Attending medical staff requests the use of restraints.

2. The corrections official makes an individualized determination that the prisoner or detainee presents an extraordinary circumstance.

B. Leg restraints, waist restraints or restraints that hinder the ability of the physician to move the prisoner or detainee, as determined by the physician, shall not be used on any prisoner or detainee who is in labor or delivery.

C. 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 seventy-two hours 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 two years and made available for public inspection unless otherwise dictated by state or federal law.

D. Notwithstanding subsection A of this section, a security tether chain that is attached to the bed frame and the prisoner's or detainee's ankle may be used during postpartum recovery. The security tether chain shall be long enough for the prisoner or detainee to reach the bathroom in a private or semi-private room or to exit the bed and stand in any other recovery setting.

E. Unless the correctional employee is a licensed health care professional, the correctional employee may not conduct a body cavity search on a pregnant prisoner or detainee unless the correctional employee has a reasonable belief that the pregnant prisoner or detainee is concealing contraband. The correctional employee shall submit a written report to the person in charge of the correctional institution within seventy-two hours after a body cavity search for contraband that provides the justification for the search and whether any contraband was found.

F. When ordered by the attending medical staff or a nutritionist a correctional institution shall ensure that a pregnant prisoner or detainee is provided sufficient food and dietary supplements that meet generally accepted prenatal nutritional guidelines for pregnant women. During the first seventy-two hours after the prisoner or detainee gives birth, the correctional institution shall provide all necessary hygiene and nutritional products to the prisoner or detainee. If the prisoner or detainee is indigent, the correctional institution shall provide the products without cost to the prisoner or detainee.

G. A correctional institution may not place a pregnant prisoner or detainee or a prisoner or detainee who has given birth within the past thirty days in restrictive housing unless a corrections official makes an individualized determination that the prisoner or detainee presents an extraordinary circumstance. The corrections official shall provide written findings within seventy-two hours as to the extraordinary circumstance that dictates the placement in restrictive housing. The correctional institution shall keep these findings on file for at least two years and make the findings available for public inspection unless otherwise dictated by state or federal law.

H. A correctional institution may not place a pregnant prisoner or detainee or a prisoner or detainee who has given birth within the past thirty days in a bed that is elevated more than three feet from the floor of the correctional institution.

I. The corrections official shall compile a monthly summary of the reports that are received pursuant to subsections C, E and G of this section. The corrections official shall provide the reports to the director of the state department of corrections each month.

J. The correctional institution shall allow a newborn baby to remain with the mother for seventy-two hours following the delivery unless the attending medical staff has a reasonable belief that remaining with the mother poses a health or safety risk to the newborn baby.

K. Within thirty days after the effective date of this amendment to this section, all correctional institutions in this state shall adopt rules or policies pursuant to this section.

L. The state department of corrections shall develop and provide to all:

1. Correctional employees who have contact with pregnant prisoners or detainees training that is related to the physical and mental health of a pregnant prisoner or detainee and the fetus, including all of the following:

(a) General care of a pregnant woman.

(b) The impact of restraints on a pregnant prisoner or detainee and the fetus.

(d) The impact of an invasive body cavity search on a pregnant prisoner or detainee.

2. Pregnant prisoners and detainees the following educational programming:

(a) Prenatal care.

(b) Pregnancy-specific hygiene.

(d) The impact of alcohol and drugs on the fetus.

(e) General health topics for children.

M. For the purposes of this section:

1. "Correctional institution" means any entity under the authority of any state or county law enforcement agency that has the power to detain or restrain a person under the laws of this state, including a juvenile detention center.

2. "Corrections official" means the official who is responsible for oversight of a correctional institution or the official's designee.

3. "Detainee" includes any female 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 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, as determined by a physician, nurse, physician's assistant or other medical practitioner, 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 and directly related to the birth, including the period a woman is in the hospital or infirmary after birth.

7. "Prisoner" means any female 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.