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