Signed by Governor Henry McMaster

Vote Smart's Synopsis:

Vote to amend and pass a bill that establishes requirements for the restraining of pregnant inmates or with a clinical diagnosis of postpartum recuperation, among other provisions.

Highlights:

• Prohibits an individual officially charged with the safekeeping of inmates from restraining a pregnant inmate by leg, wrist, or ankle  (Sec. 1).

• Authorizes wrist restraints to be used during an internal escort or external transport and can only be applied in the front and in a way that the pregnant inmate may be able to protect herself and fetus in the event of a fall (Sec. 1).

• Specifies that the aforementioned provision only applies to inmates who are not in labor or suspected labor and who are escorted out for ultrasound addiction therapy for pregnant women (Sec. 1).

• Prohibits the following inmates from being placed in any restraints, including wrist restraints, unless there are reasonable grounds to believe an inmate presents an immediate, serious, threat of hurting herself, staff, or others, including her or the fetus or child, or if she presents an immediate, credible risk of escape that cannot be reasonably contained through other methods (Sec. 1):

• An inmate who is in labor, which is defined as occurring at the onset of contractions;

• An inmate who is delivering her baby;

• An inmate who is identified by medical staff as in postpartum recuperation;

• An inmate who is transported or housed in an outside medical facility for treating labor and delivery;

• An inmate for induction once the intravenous line has been placed and the induction medication has been started;

• An inmate who is being transported from the holding room to the operating room for C-section; or

• An inmate during initial bonding with the newborn, including nursing and skin to skin contact, and if restraints are required they should allow for the mother’s safe handling of her infant.

• Requires that when the use for restraints during labor occurs, officers immediately notify the director of the facility of the reasons why the restraints were applied and an incident report be completed (Sec. 1).

• Requires that upon medical discharge, wrist restraints be applied for the transport back to the facility, and leg restraints are applied when there are reasonable grounds to believe the inmate presents an immediate, serious threat of hurting herself, staff or others, or presents a credible risk of restraint (Sec. 1).

• Exempts a state correctional facility, local detention facility, prison camp, or work camp, and the employees of said facilities from legal liability if they were unaware that an inmate is pregnant (Sec. 1).

• Prohibits a correctional facility, local detention facility, and prison or work camp employee other than certified healthcare professionals from conducting invasive body cavity searches of known pregnant inmates unless there is a reasonable belief the inmate is concealing contraband (Sec. 1).

• Prohibits a correctional facility, local detention facility, and prison or work camp from placing a known pregnant inmate, or any inmate who has given birth within the previous 30 days, in restrictive housing unless there is reasonable belief the inmate will harm herself, the fetus, or another person (Sec. 1).

• Prohibits a correctional facility, local detention facility, and prison or work camp from assigning a pregnant inmate to any bed that is elevated more than 3 feet above the floor (Sec. 1).

• Requires a correctional facility, local detention facility, and prison or work camp to limit bodily inspections of a female inmate by male officers when the female is naked or only partially clothed (Sec. 1).

• Authorizes the Department of Corrections to allow minor dependents to visit inmates with low or minimum-security classifications at least once per week, and authorize contact visits for these inmates with minor dependents (Sec. 1).

• Establishes that this act shall take effect upon the governor’s approval (Sec. 2).

Full Bill Text