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| PRIOR PRINTER'S NOS. 1386, 1619 | PRINTER'S NO. 1768 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY LEACH, STOUT, HUGHES, KITCHEN, FERLO, FONTANA, WILLIAMS, COSTA, TARTAGLIONE AND WASHINGTON, SEPTEMBER 2, 2009 |
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| SENATOR CORMAN, APPROPRIATIONS, RE-REPORTED AS AMENDED, MARCH 15, 2010 |
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| AN ACT |
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1 | Amending Title 61 (Penal and Correctional Institutions) of the |
2 | Pennsylvania Consolidated Statutes, providing for State |
3 | recording system for application of restraints to pregnant |
4 | prisoners or detainees, for county recording system for |
5 | application of restraints to pregnant prisoners or detainees |
6 | and for incarceration of pregnant women. |
7 | The General Assembly of the Commonwealth of Pennsylvania |
8 | hereby enacts as follows: |
9 | Section 1. Title 61 of the Pennsylvania Consolidated |
10 | Statutes is amended by adding sections to read: |
11 | § 1104. State recording system for application of restraints to |
12 | pregnant prisoners or detainees. |
13 | (a) General rule.--Any and all incidents where the | <-- |
14 | application of restraints A correctional institution as defined | <-- |
15 | by section 5905(e) (relating to healthy birth for incarcerated |
16 | women) shall report each restraint applied to a pregnant |
17 | prisoner or detainee occurred pursuant to section 5905 (relating | <-- |
18 | to healthy birth for incarcerated women) must be reported to the |
19 | department. The report must be in writing and must note the |
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1 | number of incidents that occurred restraints. Individual, | <-- |
2 | separate written findings for each incident that occurred must | <-- |
3 | accompany the report. restraint must accompany the report to the | <-- |
4 | following: |
5 | (1) A correctional institution that is not operated, |
6 | supervised or licensed by the Department of Public Welfare |
7 | pursuant to the act of June 13, 1967 (P.L.31, No.21), known |
8 | as the Public Welfare Code, shall make the report to the |
9 | secretary. |
10 | (2) A correctional institution that is operated, |
11 | supervised or licensed by the Department of Public Welfare |
12 | pursuant to the Public Welfare Code shall make the report to |
13 | the Secretary of Public Welfare. |
14 | (b) Contents of written findings.--Written findings of each |
15 | incident restraint as required under subsection (a) must include | <-- |
16 | the following: |
17 | (1) the circumstances that led to the determination that |
18 | the prisoner or detainee represented a substantial risk of |
19 | imminent flight; or |
20 | (2) the circumstances that led to the determination that |
21 | other extraordinary medical or security circumstances |
22 | dictated the prisoner or detainee be restrained to ensure the |
23 | safety and security of the prisoner or detainee, the staff of |
24 | the correctional institution or medical facility, other |
25 | prisoners or detainees or the public. |
26 | § 1758. County recording system for application of restraints |
27 | to pregnant prisoners or detainees. |
28 | (a) General rule.--The application of restraints to a |
29 | pregnant prisoner or detainee occurring pursuant to section 5905 |
30 | (relating to healthy birth for incarcerated women) shall |
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1 | constitute an incident that qualifies as an extraordinary |
2 | occurrence that must be reported to the department in the County |
3 | Extraordinary Occurrence Monthly Report. |
4 | (b) Information to be included in County Extraordinary |
5 | Occurrence Monthly Report.-- |
6 | (1) Any and all incidents where the application of |
7 | restraints to a pregnant prisoner or detainee pursuant to |
8 | section 5905 occurred must be included in the County |
9 | Extraordinary Occurrence Monthly Report that is submitted to |
10 | the department. An indication of the incidents must be noted |
11 | on the designated report form or other available approved |
12 | method, if applicable, and individual, separate written |
13 | findings must accompany the form for each incident that |
14 | occurred. |
15 | (2) Written findings of each incident as required under |
16 | paragraph (1) must include the following: |
17 | (i) the circumstances that led to the determination |
18 | that the prisoner or detainee represented a substantial |
19 | risk of imminent flight; or |
20 | (ii) the circumstances that led to the determination |
21 | that other extraordinary medical or security |
22 | circumstances dictated the prisoner or detainee be |
23 | restrained to ensure the safety and security of the |
24 | prisoner or detainee, the staff of the correctional |
25 | institution or medical facility, other prisoners or |
26 | detainees or the public. |
27 | (c) Definitions.--As used in this section, the following |
28 | words and phrases shall have the meanings given to them in this |
29 | subsection unless the context clearly indicates otherwise: |
30 | "County Extraordinary Occurrence Monthly Report." A |
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1 | collection of statistics and other information by the department |
2 | on designated report forms or by other available approved |
3 | methods for the collection of such incident information under |
4 | this section and in accordance with written local policy |
5 | providing for the collection of population information |
6 | prescribed by 37 Pa. Code 95.242 (relating to Statistical/ |
7 | informational reporting). |
8 | "Department." The Department of Corrections of the |
9 | Commonwealth. |
10 | § 5905. Healthy birth for incarcerated women. |
11 | (a) Duties of correctional institution.--Consistent with |
12 | established correctional policy and practice, it shall be the | <-- |
13 | duty and responsibility of the correctional institution to |
14 | provide adequate personnel to monitor the pregnant prisoner or |
15 | detainee during transport to and from the hospital medical | <-- |
16 | facility and during her stay at the hospital medical facility. | <-- |
17 | (b) Restraint of pregnant prisoners and detainees.-- |
18 | (1) Unless provided in paragraph (2), a correctional |
19 | institution shall not apply restraints to a prisoner or |
20 | detainee known to be pregnant during any stage of labor, any |
21 | pregnancy-related medical distress, any period of delivery, |
22 | any period of postpartum, as defined in subsection (e), or |
23 | transport to a medical facility as a result of any of the |
24 | preceding conditions or transport to a medical facility after |
25 | the beginning of the second trimester of pregnancy. |
26 | (2) Paragraph (1) shall not bar reasonable restraint |
27 | provided the correctional institution staff assigned to the | <-- |
28 | prisoner or detainee makes an individualized determination | <-- |
29 | that the prisoner or detainee presents a substantial risk of |
30 | imminent flight or some other extraordinary medical or |
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1 | security circumstance dictates that the prisoner or detainee |
2 | be restrained to ensure the safety and security of the |
3 | prisoner or detainee, the staff of the correctional |
4 | institution or medical facility, other prisoners or detainees |
5 | or the public. The assigned correctional institution staff | <-- |
6 | shall report the incident to the shift commander or staff | <-- |
7 | equivalent correctional institution in a reasonable amount of | <-- |
8 | time after the restraint occurs. If the assigned correctional |
9 | institution staff is not employed by the correctional | <-- |
10 | institution then the assigned correctional institution staff | <-- |
11 | shall report the restraint to the correctional institution in |
12 | a reasonable amount of time after the incident occurs. |
13 | (3) If restraint is applied under paragraph (2), at no |
14 | time shall the prisoner or detainee be left unattended by a | <-- |
15 | correctional officer institution staff with the ability to | <-- |
16 | release said restraints the restraint should such a release | <-- |
17 | become medically necessary. |
18 | (4) When restraints are a restraint is permitted under | <-- |
19 | this section, a correctional institution shall use the least |
20 | restrictive restraints restraint necessary when the facility | <-- |
21 | has actual or constructive knowledge that a prisoner or | <-- |
22 | detainee is in the second or third trimester of pregnancy. |
23 | (c) Restraints.--The following shall apply to a prisoner or |
24 | detainee who has been restrained under this subsection: |
25 | (1) The corrections officer correctional institution | <-- |
26 | staff accompanying the prisoner or detainee shall immediately |
27 | remove all restraints upon request of the a doctor, nurse or | <-- |
28 | other health care professional. |
29 | (2) Leg or waist restraints shall not be used on any |
30 | prisoner or detainee who is in labor. |
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1 | (3) The type of restraint applied and the application of |
2 | the restraint shall be done in the least restrictive manner |
3 | possible. |
4 | (d) Annual report.--No later than August 1 of each year, the |
5 | Secretary of Corrections secretary and the Secretary of Public | <-- |
6 | Welfare shall each submit to the Governor's Office a written | <-- |
7 | report containing information regarding the use of restraints on |
8 | any pregnant prisoner or detainee in the official's custody | <-- |
9 | during the preceding fiscal year specifically identifying and |
10 | enumerating the circumstances that led to the determination that |
11 | the inmate prisoner or detainee fell under the exception in | <-- |
12 | subsection (b)(2). The written report secretary shall report on | <-- |
13 | pregnant prisoners or detainees in the custody of correctional |
14 | institutions operated, supervised or licensed by the department. |
15 | The Secretary of Public Welfare shall report on pregnant |
16 | prisoners or detainees in the custody of correctional |
17 | institutions operated, supervised or licensed by the Department |
18 | of Public Welfare pursuant to the act of June 13, 1967 (P.L.31, |
19 | No.21), known as the Public Welfare Code. The reports shall not |
20 | contain any identifying information of any prisoner or detainee. |
21 | The reports shall be posted on the Governor's Internet website |
22 | and shall be made available for public inspection at the office | <-- |
23 | offices of the Department of Corrections department and the | <-- |
24 | Department of Public Welfare, respectively. |
25 | (e) Definitions.--As used in this section, the following |
26 | words and phrases shall have the meanings given to them in this |
27 | subsection unless the context clearly indicates otherwise: |
28 | "Correctional institution." Any entity under the authority |
29 | of any the state, or any county or municipal law enforcement | <-- |
30 | division municipality that has the power to detain and restrain | <-- |
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1 | a person under the laws of this Commonwealth. |
2 | "Detainee." Includes any person detained under the |
3 | immigration laws of the United States at any correctional |
4 | facility. |
5 | "Labor." The period of time before a birth during which |
6 | contractions are of sufficient frequency, intensity and duration |
7 | to bring about effacement and progressive dilation of the |
8 | cervix. The determination of when labor has commenced shall rest |
9 | solely with the medical providers of the prisoner or detainee. |
10 | "Postpartum." The period following delivery before a |
11 | prisoner or detainee has been discharged from a medical |
12 | facility. |
13 | "Prisoner." Any person incarcerated or detained in any |
14 | facility correctional institution who is accused of, convicted | <-- |
15 | of, sentenced for or adjudicated delinquent for violations of |
16 | criminal law or the terms and conditions of parole, probation, |
17 | pretrial release or a diversionary program. |
18 | "Restraints Restraint." Any physical restraint hold or | <-- |
19 | mechanical device used to control the movement of a prisoner's |
20 | or detainee's body and limbs, including, but not limited to, |
21 | shackles, flex cuffs, soft restraints, hard metal handcuffs, a |
22 | black box, Chubb cuffs, leg irons, belly chains, a security |
23 | (tether) chain or a convex shield. |
24 | Section 2. This act shall take effect in 60 days. |
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