THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY LEACH, STOUT, HUGHES, KITCHEN, FERLO, FONTANA, WILLIAMS, COSTA, TARTAGLIONE AND WASHINGTON, SEPTEMBER 2, 2009

AS AMENDED ON THIRD CONSIDERATION, MARCH 16, 2010   

AN ACT

Amending Title 61 (Penal and Correctional Institutions) of the

Pennsylvania Consolidated Statutes, providing for State

recording system for application of restraints to pregnant

prisoners or detainees, for county recording system for

application of restraints to pregnant prisoners or detainees

and for incarceration of pregnant women.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Title 61 of the Pennsylvania Consolidated

Statutes is amended by adding sections to read:

§ 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 to. This

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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.

§ 1758.  County recording system for application of restraints

to pregnant prisoners or detainees.

(a)  General rule.--The application of restraints to a

pregnant prisoner or detainee occurring pursuant to section 5905

(relating to healthy birth for incarcerated women) shall

constitute an incident that qualifies as an extraordinary

occurrence that must be reported to the department in the County

Extraordinary Occurrence Monthly Report.

(b)  Information to be included in County Extraordinary

Occurrence Monthly Report.--

(1)  Any and all incidents where the application of

restraints to a pregnant prisoner or detainee pursuant to

section 5905 occurred must be included in the County

Extraordinary Occurrence Monthly Report that is submitted to

the department. An indication of the incidents must be noted

on the designated report form or other available approved

method, if applicable, and individual, separate written

findings must accompany the form for each incident that

occurred.

(2)  Written findings of each incident as required under

paragraph (1) must include the following:

(i)  the circumstances that led to the determination

that the prisoner or detainee represented a substantial

risk of imminent flight; or

(ii)  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.

(c)  Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"County Extraordinary Occurrence Monthly Report."  A

collection of statistics and other information by the department

on designated report forms or by other available approved

methods for the collection of such incident information under

this section and in accordance with written local policy

providing for the collection of population information

prescribed by 37 Pa. Code 95.242 (relating to Statistical/

informational reporting).

"Department."  The Department of Corrections of the

Commonwealth.

§ 5905.  Healthy birth for incarcerated women.

(a)  Duties of correctional institution.--Consistent with

established policy and practice, it shall be the duty and

responsibility of the correctional institution to provide

adequate personnel to monitor the pregnant prisoner or detainee

during transport to and from the medical facility and during her

stay at the medical facility.

(b)  Restraint of pregnant prisoners and detainees.--

(1)  Unless provided in paragraph (2), a correctional

institution shall not apply restraints to a prisoner or

detainee known to be pregnant during any stage of labor, any

pregnancy-related medical distress, any period of delivery,

any period of postpartum, as defined in subsection (e), or

transport to a medical facility as a result of any of the

preceding conditions or transport to a medical facility after

the beginning of the second trimester of pregnancy.

(2)  Paragraph (1) shall not bar reasonable restraint

provided the correctional institution staff assigned to the

prisoner or detainee makes an individualized determination

that the prisoner or detainee presents a substantial risk of

imminent flight or some other extraordinary medical or

security circumstance dictates that 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. The assigned correctional institution staff

shall report the incident to the correctional institution in

a reasonable amount of time after the restraint occurs. If

the assigned correctional institution staff is not employed

by the correctional institution then the assigned

correctional institution staff shall report the restraint to

the correctional institution in a reasonable amount of time

after the incident occurs.

(3)  If restraint is applied under paragraph (2), at no

time shall the prisoner or detainee be left unattended by a

correctional institution staff with the ability to release

the restraint should a release become medically necessary.

(4)  When a restraint is permitted under this section, a

correctional institution shall use the least restrictive 

restraint necessary when the facility has actual or

constructive knowledge that a prisoner or detainee is in the

second or third trimester of pregnancy.

(c)  Restraints.--The following shall apply to a prisoner or

detainee who has been restrained under this subsection:

(1)  The correctional institution staff accompanying the

prisoner or detainee shall immediately remove all restraints

upon request of a doctor, nurse or other health care

professional.

(2)  Leg or waist restraints shall not be used on any

prisoner or detainee who is in labor.

(3)  The type of restraint applied and the application of

the restraint shall be done in the least restrictive manner

possible.

(d)  Annual report.--No later than August 1 of each year, the 

secretary and the Secretary of Public Welfare shall each submit

to the Governor's Office a written report containing information

regarding the use of restraints on any pregnant prisoner or

detainee during the preceding fiscal year specifically

identifying and enumerating the circumstances that led to the

determination that the prisoner or detainee fell under the

exception in subsection (b)(2). The secretary shall report on

pregnant prisoners or detainees in the custody of correctional

institutions operated, supervised or licensed by the department.

The Secretary of Public Welfare shall report on pregnant

prisoners or detainees in the custody of correctional

institutions 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. The reports shall not

contain any identifying information of any prisoner or detainee.

The reports shall be posted on the Governor's Internet website

and shall be made available for public inspection at the offices 

of the department and the Department of Public Welfare,

respectively.

(e)  Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Correctional institution."  Any entity under the authority

of the state, or any county or municipality that has the power

to detain and restrain a person under the laws of this

Commonwealth.

"Detainee."  Includes any person detained under the

immigration laws of the United States at any correctional

facility.

"Labor."  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. The determination of when labor has commenced shall rest

solely with the medical providers of the prisoner or detainee.

"Postpartum."  The period following delivery before a

prisoner or detainee has been discharged from a medical

facility.

"Prisoner."  Any person incarcerated or detained in any 

correctional institution who is accused of, convicted of,

sentenced for or adjudicated delinquent for violations of

criminal law or the terms and conditions of parole, probation,

pretrial release or a diversionary program.

"Restraint."  Any physical hold or mechanical device used to

control the movement of a prisoner's or detainee's body and

limbs, including, but not limited to, shackles, 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 2.  This act shall take effect in 60 days.