§ 1104. State recording system for application of restraints to pregnant prisoners or detainees.
(a) General rule.--A correctional institution as defined by section 5905(e) (relating to healthy birth for incarcerated women) shall report each restraint applied to a pregnant prisoner or detainee. The report must be in writing and must note the number of restraints. Individual, separate written findings for each restraint must accompany the report. This shall include reports from the following:
(1) A correctional institution that is not operated, supervised or licensed by the Department of Public Welfare pursuant to the act of June 13, 1967 (P.L.31, No.21), known as the Public Welfare Code, shall make the report to the secretary.
(2) A correctional institution that is operated, supervised or licensed by the Department of Public Welfare pursuant to the Public Welfare Code shall make the report to the Secretary of Public Welfare.
(b) Contents of written findings.--Written findings of each restraint as required under subsection (a) must include the following:
(1) the circumstances that led to the determination that the prisoner or detainee represented a substantial risk of imminent flight; or
(2) the circumstances that led to the determination that other extraordinary medical or security circumstances dictated the prisoner or detainee be restrained 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.
(July 2, 2010, P.L.275, No.45, eff. 60 days)
2010 Amendment. Act 45 added section 1104.
References in Text. The Department of Public Welfare, referred to in this section, was redesignated as the Department of Human Services by Act 132 of 2014.
The Secretary of Public Welfare, referred to in this section, was redesignated as the Secretary of Human Services by Act 132 of 2014.
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