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SB 193: Restraints Used On Pregnant Inmates

Criminal Justice | Women’s Rights
Bill Number: SB 193
Year: 2010
ACLU Position: Active Support
Sponsors: Sen. Hudak; Rep. Levy

Description:

The bill addresses the use of restraints on pregnant women in custody or confined in prisons, city and county jails, juvenile detention facilities, or department of human services facilities. The bill requires that the least restrictive restraint necessary to ensure safety be used on a woman in her second or third trimester of pregnancy. Staff shall not use restraints of any kind on a pregnant woman during labor and delivery of the child, postpartum recovery, or transport to or from a medical facility for childbirth unless medical staff determines that restraints are necessary for safe childbirth, the woman poses an immediate and serious risk of harm to herself or medical staff, or the woman poses a substantial risk of escape that cannot be reasonably reduced by another method. In any event, however, the staff will not use leg shackles or waist restraints. Staff shall make a record of any restraint used on a woman during labor or delivery, postpartum recovery, or transport to or from a medical facility for childbirth. Staff shall maintain the record for a minimum of 5 years and make it available to the public with personally identifying information removed. The bill entitles a woman to have a member of the medical staff present at any strip search conducted upon the woman's return to confinement after childbirth. Staff shall inform a pregnant woman of the provisions of the statute relating to the use of restraints and any post-childbirth strip search at the time of the initial intake or determination of the pregnancy, at the onset of labor, and upon return to confinement after childbirth. The bill requires that staff receive adequate training concerning the provisions of the bill.

Read the bill here.


Current Status:

04/14/2010 Senate Committee on Judiciary Witness Testimony and/or Committee Discussion Only
04/21/2010 Senate Committee on Judiciary Refer Amended to Appropriations
04/30/2010 Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole
05/04/2010 Senate Second Reading Passed with Amendments
05/05/2010 Senate Third Reading Passed
05/05/2010 Introduced In House - Assigned to Judiciary
05/10/2010 House Committee on Judiciary Refer Amended to House Committee of the Whole
04/13/2010 Introduced In Senate - Assigned to Judiciary + Appropriations
04/13/2010 Introduced In Senate - Assigned to Judiciary



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