31-601. Pregnant prisoners; restraints; written findings; rules; definitions
A. A correctional institution shall not use restraints on a prisoner or detainee who 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 fourteen 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 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. Within thirty days after the effective date of this section, all correctional institutions in this state shall adopt rules or policies pursuant to this section.
F. 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.
Section: Previous 31-467.06 31-467.07 31-471 31-472 31-473 31-474 31-475 31-481 31-482 31-491 31-492 31-501 31-502 31-601Last modified: October 13, 2016