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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 AND TARTAGLIONE, SEPTEMBER 2, 2009 |
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| REFERRED TO JUDICIARY, SEPTEMBER 2, 2009 |
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| AN ACT |
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1 | Relating to the incarceration of pregnant women. |
2 | The General Assembly of the Commonwealth of Pennsylvania |
3 | hereby enacts as follows: |
4 | Section 1. Short title. |
5 | This act shall be known and may be cited as the Healthy Birth |
6 | for Incarcerated Women Act. |
7 | Section 2. Definitions. |
8 | The following words and phrases when used in this act shall |
9 | have the meanings given to them in this section unless the |
10 | context clearly indicates otherwise: |
11 | "Correctional institution." Any entity under the authority |
12 | of any state, county or municipal law enforcement division that |
13 | has the power to detain and restrain a person under the laws of |
14 | this Commonwealth. |
15 | "Detainee." Includes any person detained under the |
16 | immigration laws of the United States at any correctional |
17 | facility. |
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1 | "Labor." The period of time before a birth during which |
2 | contractions are of sufficient frequency, intensity and duration |
3 | to bring about effacement and progressive dilation of the |
4 | cervix. The determination of when labor has commenced shall rest |
5 | solely with the medical providers of the prisoner or detainee. |
6 | "Postpartum." The period following delivery, including the |
7 | entire period a woman is in the hospital after the birth of her |
8 | child or children. |
9 | "Prisoner." Any person incarcerated or detained in any |
10 | facility who is accused of, convicted of, sentenced for or |
11 | adjudicated delinquent for violations of criminal law or the |
12 | terms and conditions of parole, probation, pretrial release or a |
13 | diversionary program. |
14 | "Restraints." Any physical restraint or mechanical device |
15 | used to control the movement of a prisoner's or detainee's body |
16 | and limbs, including, but not limited to, shackles, flex cuffs, |
17 | soft restraints, hard metal handcuffs, a black box, Chubb cuffs, |
18 | leg irons, belly chains, a security (tether) chain or a convex |
19 | shield. |
20 | Section 3. Duties of correctional institution. |
21 | Consistent with established correctional policy and practice, |
22 | it shall be the duty and responsibility of the correctional |
23 | institution to provide adequate personnel to monitor the |
24 | pregnant prisoner or detainee during transport to and from the |
25 | hospital and during her stay at the hospital. |
26 | Section 4. Restraint of pregnant prisoners and detainees. |
27 | (a) Limitation on restraints.--Unless provided in subsection |
28 | (b), a correctional institution shall not apply restraints to a |
29 | prisoner or detainee known to be pregnant during any stage of |
30 | labor, any pregnancy related medical distress, transport to a |
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1 | medical facility, delivery or postpartum, as defined in section |
2 | 2. |
3 | (b) Exception.--Subsection (a) shall not bar reasonable |
4 | restraint provided a shift commander or the staff equivalent at |
5 | the correctional institution makes an individualized |
6 | determination that the prisoner or detainee presents a |
7 | substantial flight risk or some other extraordinary medical or |
8 | security circumstance dictates that the prisoner or detainee be |
9 | restrained to ensure the safety and security of the prisoner or |
10 | detainee, the staff of the correctional institution or medical |
11 | facility, other prisoners or detainees or the public. |
12 | (c) Condition of restraint.--If restraint is applied under |
13 | subsection (b), at no time shall the detainee be left unattended |
14 | by a correctional officer with the ability to release said |
15 | restraints should such a release become medically necessary. |
16 | (d) Least restrictive alternative.--When restraints are |
17 | permitted under this section, a correctional institution shall |
18 | use the least restrictive restraints necessary when the facility |
19 | has actual or constructive knowledge that a prisoner is in the |
20 | second or third trimester of pregnancy. |
21 | Section 5. Restraints. |
22 | The following shall apply to a prisoner or detainee who has |
23 | been restrained under section 4: |
24 | (1) The corrections officer accompanying the prisoner or |
25 | detainee shall immediately remove all restraints upon request |
26 | of the doctor, nurse or other health care professional. |
27 | (2) Leg or waist restraints shall not be used on any |
28 | prisoner or detainee who is in labor. |
29 | (3) The type of restraint applied and the application of |
30 | the restraint shall be done in the least restrictive manner |
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1 | possible. |
2 | (4) A correctional officer shall not apply restraints |
3 | without prior authorization of the shift commander or staff |
4 | equivalent. |
5 | Section 6. Duties of warden or other correctional institution |
6 | official. |
7 | The warden or the highest-ranking official of the |
8 | correctional institution shall make written findings within ten |
9 | days of the application of restraints to a pregnant prisoner or |
10 | detainee under section 4. The report shall specifically identify |
11 | and enumerate the circumstances that led to the determination |
12 | that the prisoner or detainee represented a substantial flight |
13 | risk or to the determination that other extraordinary medical or |
14 | security circumstances dictated the prisoner or detainee be |
15 | restrained to ensure the safety and security of the prisoner or |
16 | detainee, the staff of the correctional institution or medical |
17 | facility, other prisoners or detainees or the public. These |
18 | findings shall be maintained by the institution for at least |
19 | five years and be made available for public inspection, except |
20 | that no information identifying any prisoner or detainee shall |
21 | be made public without the prisoner's or detainee's prior |
22 | written consent. |
23 | Section 7. Annual report. |
24 | No later than August 1 of each year, the Secretary of |
25 | Corrections and the official responsible for oversight of each |
26 | municipal and county correctional institution where a pregnant |
27 | prisoner or detainee had been subject to application of |
28 | restraints during that previous fiscal year shall submit to the |
29 | Office of the Governor a written report containing detailed |
30 | information, including information required under section 6, |
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1 | regarding the use of restraints on any pregnant prisoner or |
2 | detainee in the official's custody during the preceding fiscal |
3 | year. The written report shall not contain any identifying |
4 | information of any prisoner or detainee. The reports shall be |
5 | posted on the Governor's Internet website and shall be made |
6 | available for public inspection at the office of the Department |
7 | of Corrections. |
8 | Section 8. Effective date. |
9 | This act shall take effect in 60 days. |
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