Regular Session 2023-2024 House Bill 0900 P.N. 2406

SENATE AMENDED

PRIOR PRINTER'S NOS. 882, 959

PRINTER'S NO. 2406

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

900

Session of

2023

INTRODUCED BY CEPHAS, M. JONES, T. DAVIS, PIELLI, KINKEAD,

HOHENSTEIN, PROBST, GUENST, SANCHEZ, MADDEN, DELLOSO, HILL-

EVANS, SCHLOSSBERG, HANBIDGE, PARKER, WAXMAN, FIEDLER,

CEPEDA-FREYTIZ, HOWARD, SAPPEY, KINSEY, STEHR, KHAN, BULLOCK,

WARREN, INNAMORATO, SHUSTERMAN, KAZEEM, KRAJEWSKI, MAYES,

TAKAC, OTTEN, GREEN, FINK, O'MARA, FLEMING, FRANKEL, DAWKINS,

WEBSTER, DALEY, E. NELSON, McNEILL AND BRIGGS, APRIL 12, 2023

SENATOR BAKER, JUDICIARY, IN SENATE, AS AMENDED,

DECEMBER 11, 2023

AN ACT

Amending Title 61 (Prisons and Parole) of the Pennsylvania

Consolidated Statutes, in general administration, further

providing for State recording system for application of

restraints to pregnant prisoners or detainees; in county

correctional institutions, further providing for county

recording system for application of restraints to pregnant

prisoners or detainees; providing for Department of Human

Services facilities; and, in miscellaneous provisions,

further providing for healthy birth for incarcerated women

and providing for restrictive housing prohibited for pregnant

or postpartum incarcerated individuals and detainees, for

cavity search and inspection restrictions, for training and

education requirement, for feminine hygiene and incontinence

products and for postpartum recovery.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Sections 1104 and 1758 heading, (a) and (b) of

Title 61 of the Pennsylvania Consolidated Statutes are amended

to read:

§ 1104. State recording system [for application of restraints]

relating to pregnant [prisoners] and postpartum

incarcerated individuals 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. This

shall include reports from the following:] A correctional

institution shall, in writing, report each restraint applied to

a pregnant, laboring or postpartum individual in the

correctional institution's custody, as well as any instance

where a pregnant, laboring or postpartum individual is placed in

restrictive housing. The report shall note the number and type

of restraints or, in the case of restrictive housing, the length

of time the individual was placed in restrictive housing. The

provisions of this subsection shall apply to any person tasked

with transporting or housing incarcerated individuals or

detainees. Reports shall be made as follows:

(1) A correctional institution that is not operated,

supervised or licensed by the Department of [Public Welfare]

Human Services pursuant to the act of June 13, 1967 (P.L.31,

No.21), known as the [Public Welfare] Human Services Code,

shall make the report to the secretary.

(2) A correctional institution that is operated,

supervised or licensed by the Department of [Public Welfare]

Human Services pursuant to the [Public Welfare] Human

Services Code shall make the report to the Secretary of

[Public Welfare] Human Services.

(b) Contents of [written findings.--Written findings]

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report.--Reports of each restraint or placement of an

incarcerated individual or detainee A PREGNANT, LABORING OR

POSTPARTUM INDIVIDUAL in restrictive housing 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.]

(2.1) The circumstances that led to the determination

that:

(i) the incarcerated individual or detainee

PREGNANT, LABORING OR POSTPARTUM INDIVIDUAL represented a

substantial risk of imminent flight; or

(ii) other extraordinary medical or security

circumstances dictated that the incarcerated individual

or detainee PREGNANT, LABORING OR POSTPARTUM INDIVIDUAL

be restrained or placed in restrictive housing to ensure

the safety and security of the incarcerated individual or

detainee PREGNANT, LABORING OR POSTPARTUM INDIVIDUAL , the

staff of the correctional institution or medical

facility, other incarcerated individuals or detainees or

the public.

(3) The date and time restraints were applied or the

restrictive housing placement occurred and the length of time

the incarcerated individual or detainee PREGNANT, LABORING OR

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POSTPARTUM INDIVIDUAL was kept in restraints or restrictive

housing.

(4) The badge number or identification number of the

following:

(i) The custodian or staff member who applied the

restraints or placed the individual into restrictive

housing.

(ii) Any superior officers approving or advising the

application of restraints or placement in restrictive

housing.

(5) The number and type of restraints used or the

location and description of the restrictive housing.

(6) Any visible injury of the incarcerated individual or

detainee PREGNANT, LABORING OR POSTPARTUM INDIVIDUAL

resulting from placement in the restraints that is documented

by the correctional institution.

medical professionals, only female staff shall be present in the

room during the examination, labor or delivery of the pregnant

incarcerated individual. If male staff, other than licensed

medical professionals, remain present during the examination,

labor or delivery of the pregnant incarcerated individual, that

information and the reasons for the presence shall be reported

to the department or the Department of Human Services, as

applicable.

(d) Availability of reports.--The nonidentifying data

contained in the written reports submitted to the department or

the Department of Human Services shall be posted on the

department's or the Department of Human Services' publicly

accessible Internet website annually. No identifying

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information, such as names or dates of birth, shall be posted.

(e) Failure to submit report.--If a correctional institution

fails to submit a report under this section within 30 days after

the end of the fiscal year, the department or the Department of

Human Services, as applicable, shall obtain a certification, to

be created by the department or the Department of Human

Services, as applicable, from the correctional institution

verifying that the correctional institution had zero instances

of use of restraints, placement in restrictive housing or male

staff presence, other than licensed medical professionals,

during medical examinations or appointments of pregnant

incarcerated individuals under the provisions of this section.

(f) 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." As defined in section 5905(e)

(relating to healthy birth for incarcerated women).

"Postpartum." The eight-week period, or longer as determined

by the health care professional responsible for the health and

safety of the incarcerated individual or detainee, following

childbirth.

"Restraints." Any physical or mechanical device used to

restrict or control the movement of an incarcerated individual's

body, limbs or both.

"Restrictive housing." Any type of detention that involves

removal from the general incarcerated population for purposes of

discipline or administrative purpose.

"RESTRICTIVE HOUSING." PLACEMENT IN AN AREA OR GROUP OF

CELLS DESIGNATED TO HOUSE INDIVIDUALS ASSIGNED TO DISCIPLINARY

OR ADMINISTRATIVE CUSTODY IN WHICH OUT OF CELL TIME IS LIMITED

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TO LESS THAN TWO HOURS PER DAY.

"Staff." An individual who is employed or contracted by a

correctional institution, the department or the Department of

Human Services.

§ 1758. County recording system for [application of restraints

to pregnant prisoners] pregnant and postpartum

incarcerated individuals 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.] Each of the following

shall constitute an incident that qualifies as an extraordinary

occurrence that must be reported to the department in the County

Extraordinary Occurrence Monthly Report in accordance with

sections 5905 (relating to healthy birth for incarcerated women)

and 5905.1 (relating to restrictive housing prohibited for

pregnant or postpartum incarcerated individuals and detainees):

(1) The application of restraints or placement in

restrictive housing for a pregnant or postpartum incarcerated

individual or detainee.

(2) An invasive body cavity search of a pregnant or

postpartum incarcerated individual or detainee or inspection

of a female incarcerated individual or detainee in a state of

undress.

(3) The presence of male staff during labor or delivery

of the pregnant incarcerated individual or detainee.

(b) Information to be included in County Extraordinary

Occurrence Monthly Report.--

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[(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.]

(3) The report for application of restraints or

placement in restrictive housing for a pregnant or postpartum

incarcerated individual or detainee shall require the

following information:

(i) The circumstances that led to the determination

that:

(A) the incarcerated individual or detainee

represented a substantial risk of imminent flight; or

(B) other extraordinary medical or security

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circumstances dictated that the incarcerated

individual or detainee be restrained or placed in

restrictive housing to ensure the safety and security

of the incarcerated individual or detainee, the staff

of the correctional institution or medical facility,

other incarcerated individuals or detainees or the

public.

(ii) The date and time restraints were applied or

the restrictive housing placement occurred and the length

of time the incarcerated individual or detainee was kept

in restraints or restrictive housing.

(iii) The badge number or identification number of

the following:

(A) The custodian or staff member who applied

the restraints or placed the individual into

restrictive housing.

(B) Any superior officers approving or advising

the application of restraints or placement in

restrictive housing.

(iv) The number and type of restraints used or the

location and description of the restrictive housing.

(v) Any visible injury of the incarcerated

individual or detainee resulting from placement in the

restraints that is documented by the correctional

institution.

(4) The report for an invasive body cavity search of a

pregnant or postpartum incarcerated individual or detainee or

inspection of a female incarcerated individual or detainee in

a state of undress shall contain the following information:

(i) The justification for performing a cavity search

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or male staff inspection of a female incarcerated

individual or detainee in a state of undress.

(ii) The identification of any contraband that was

found on the incarcerated individual or detainee.

(5) The report for the presence of male staff during

labor or delivery of the pregnant incarcerated individual or

detainee shall include the reasons for the presence of male

staff.

(6) The nonidentifying data contained in the written

reports submitted to the department or the Department of

Human Services shall be posted annually on the publicly

accessible Internet website of the department or the

Department of Human Services. No identifying information,

such as names or dates of birth, shall be posted.

(7) If a correctional institution fails to submit a

report under this section within 30 days after the end of the

fiscal year, the department or the Department of Human

Services, as applicable, shall obtain a certification, to be

created by the department or the Department of Human

Services, as applicable, from the correctional institution

verifying that the institution had zero instances of use of

restraints, placement in restrictive housing or male staff

presence, other than licensed medical professionals, during

medical examinations or appointments of pregnant incarcerated

individuals under the provisions of this section.

* * *

Section 2. Title 61 is amended by adding a chapter to read:

CHAPTER 57

DEPARTMENT OF HUMAN SERVICES FACILITIES

Sec.

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5701. Definitions.

5702. Seclusion prohibited for pregnant or postpartum child.

5703. Body cavity search and inspection restrictions.

5704. Training and education requirement.

5705. (Reserved).

5706. Menstrual hygiene and incontinence products.

5707. Postpartum recovery.

5708. Reports relating to pregnant or postpartum child.

§ 5701. Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Body cavity search." An invasive search of a child

conducted by staff in search of contraband, excluding the nose,

ears and mouth.

"Child." As follows:

(1) An individual who resides in an entity licensed or

operated by the department and meets one of the following

conditions:

(i) Is under 18 years of age.

(ii) Is under 21 years of age and committed an act

of delinquency before reaching 18 years of age and

remains under the jurisdiction of the juvenile court.

(iii) Was adjudicated dependent before reaching 18

years of age and while engaged in instruction or

treatment, requests the court to retain jurisdiction

until the instruction or treatment is completed, but a

child may not remain in a course of instruction or

treatment past 21 years of age.

(iv) Has an intellectual disability, a mental

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illness or a serious emotional disturbance, with a

transfer plan to move to an adult setting by 21 years of

age.

(2) The term does not include a child in foster care as

provided in 42 U.S.C. Ch. 7 Subch. IV (relating to grants to

states for aid and services to needy families with children

and for child-welfare services).

"Department." The Department of Human Services of the

Commonwealth.

"Exclusion." As follows:

(1) The removal of a resident from the resident's

immediate environment and restricting the resident alone in a

room or area.

(2) The term does not include an occasion when:

(i) An employee of a facility remains in the

exclusion area with the resident.

(ii) A resident is voluntarily restricted to an area

or room.

(iii) All residents are required to be in their

rooms or another room or area as part of the program

schedule.

"Facility." Except as exempted by regulation, a premise or

part of a premise serving children who are adjudicated either

dependent or delinquent and meeting one of the following

conditions:

(1) Operated for a portion of a 24-hour day in which

alternative education, intervention or support programs are

provided to one or more children to prevent a child's

placement in a more restrictive setting or to facilitate the

child's reunification with the child's family.

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(2) Operated in a 24-hour living setting in which care

is provided for one or more children who are not relatives of

the facility operator.

"Health care professional." An individual who is licensed,

certified or otherwise authorized or permitted by the laws of

this Commonwealth to administer health care in the ordinary

course of business or in the practice of a profession.

"Menstrual hygiene products." As follows:

(1) Products relating to bodily functions that are used

during menstruation.

(2) The term includes tampons and sanitary pads.

"Postpartum." An eight-week period or a longer period as

determined by the health care professional responsible for the

health and safety of the child following childbirth.

"Restraints." Any physical or mechanical device used to

restrict or control the movement of a child's body or limbs or

both.

"SECLUSION." AS FOLLOWS:

(1) THE REMOVAL OF A RESIDENT FROM THE RESIDENT'S

IMMEDIATE ENVIRONMENT AND RESTRICTING THE RESIDENT ALONE IN A

ROOM OR AREA.

(2) THE TERM DOES NOT INCLUDE AN OCCASION WHEN:

(I) AN EMPLOYEE OF A FACILITY REMAINS IN THE

SECLUSION AREA WITH THE RESIDENT.

(II) A RESIDENT IS VOLUNTARILY RESTRICTED TO AN AREA

OR ROOM.

(III) ALL RESIDENTS ARE REQUIRED TO BE IN THEIR

ROOMS OR ANOTHER ROOM OR AREA AS PART OF THE PROGRAM

SCHEDULE.

"Staff." An individual who is employed by a facility.

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"State of undress." A state where a child is partially or

fully naked, either in the shower, toilet areas, a medical

examination room or while a body cavity search is being

conducted.

"Substantial risk of imminent flight." As follows:

(1) A showing of real and considerable risk of escaping

by a child from a facility.

(2) A child's history of escape attempts and flight to

avoid the facility may be relevant to the determination but

history alone does not satisfy the requirement.

"Trauma-informed care." A strengths-based approach to

service delivery and organizational structure that:

(1) Realizes the widespread impact of trauma, including

historical trauma.

(2) Understands potential paths to recovery.

(3) Recognizes the signs and symptoms of trauma in a

child, parent, legal guardian, staff or another involved in

the system.

(4) Responds by fully integrating knowledge about trauma

into policies, procedures, practices and relationships.

(5) Seeks to actively prevent retraumatization.

§ 5702. Seclusion prohibited for pregnant or postpartum child.

(a) General rule. --Except as provided under subsection (c),

a pregnant or postpartum child may not be involuntarily placed

in seclusion in any facility in this Commonwealth.

(b) Alternative discipline.--Forms of discipline for a

pregnant or postpartum child shall be limited to sanctions,

including restrictions on telephone usage or visitation or other

common forms of alternative discipline used in the United

States.

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placed in seclusion only as a temporary response to behavior

that poses a serious and immediate risk of physical harm to the

pregnant or postpartum child, another child, the unborn child of

the pregnant child or staff. The following apply:

(1) The decision to place a pregnant or postpartum child

in seclusion under this subsection must be approved by the

individual in charge of the facility.

(2) The rationale for the decision to use seclusion must

be documented as required by section 5708 (relating to

reports relating to pregnant or postpartum child).

(3) No period of seclusion in excess of seven days may

be approved.

(d) Bed assignments.--The facility may not assign a pregnant

child to any bed that is elevated more than three feet from the

floor of the facility.

§ 5703. Body cavity search and inspection restrictions.

(a) Body cavity search and inspection restrictions.--To the

greatest extent possible:

(1) Only a health care professional shall conduct an

invasive body cavity search of a pregnant child.

(2) If a search is required, staff shall accommodate the

child's stated preference regarding the gender of the staff

to be present in the room during the search except in cases

of exigent circumstances as determined by the facility

director or designee.

(b) Documentation requirement.--If a health care

professional is required to perform an invasive body cavity

search on a pregnant child, or the child's stated preference

regarding the gender of the staff present in the room during a

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search while the child is in a state of undress is not met,

staff shall submit a written report to the individual in charge

of the facility within 72 hours following the body cavity search

or inspection. The report under this subsection shall:

(1) Include the justification for performing the body

cavity search or failing to honor the child's stated

preference regarding the gender of the staff performing the

inspection.

(2) Note if any contraband was found on the child.

(3) Be sent to the department.

§ 5704. Training and education requirement.

(a) Facility staff training.--The facility shall provide or

arrange a training program for staff who have contact with a

pregnant, laboring or postpartum child. The training program

shall be related to the physical and mental health of the

pregnant or postpartum child and unborn baby, including:

(1) The general care of a pregnant child.

(2) The impact of restraints on a pregnant child and

unborn baby.

(3) The impact of being placed in restrictive housing

SECLUSION on a pregnant child.

(4) The impact of invasive searches on a pregnant child.

(5) Any other pertinent information the department finds

appropriate or necessary.

(b) Facility staff training exceptions.--If the facility

prohibits the placement of a pregnant child as a matter of

policy, the facility may submit a written exemption reporting

that there is no risk of staff interacting with a pregnant child

housed in the facility. The following apply:

(1) The exemption under this subsection shall apply only

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to the facility, not the individual staff of the facility.

(2) All facility staff that come in contact with a

pregnant child shall complete the training under this

section.

(3) If facility staff work at more than one institution,

the staff must receive the required training at the nonexempt

facility.

facility shall develop and provide educational programming for a

pregnant or postpartum child. The educational programming shall

be related to:

(1) Medical screenings related to reproductive and

overall health, including preventive screenings.

(2) Prenatal care.

(3) Pregnancy-specific hygiene.

(4) The impact of alcohol and drugs on the unborn baby.

(5) General health of the unborn baby.

(6) Any other pertinent information the department finds

appropriate or necessary.

(d) Trauma-informed care.--

(1) The individual in charge of a facility shall, as

necessary, ensure that the facility provides quality trauma-

informed care to a child.

(2) Trauma-informed care for a child shall begin

immediately upon the child's intake and assessment at a

facility.

(3) Facility staff shall have no fewer than four hours

of professional training related to trauma-informed care,

which shall include the following:

(i) Training to identify a child with trauma.

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(ii) Training on how and when to refer a child to

the proper health care professionals, including

preventive health care and mental health care.

(iii) Training on how to interact with and empower a

child who has experienced trauma.

§ 5705. (Reserved).

§ 5706. Menstrual hygiene and incontinence products.

(a) Issuance of menstrual hygiene products.--

(1) A facility shall supply menstrual hygiene products

each month to a child who is menstruating at no cost to the

child regardless of financial means.

(2) A child may not be required to show proof of need or

to undergo a medical examination or obtain a medical permit,

authorization or diagnosis to receive the products under

subsections (b) and (c).

(b) Menstrual hygiene products provided.--A choice of at

least two sizes or absorbencies of sanitary pads and tampons

shall be available to a child who is menstruating in a facility

or if requested from medical staff.

and incontinence.--A supply of products for bladder control and

incontinence, including adult diapers and protective

undergarments, shall be provided to a child, including a

postpartum child, who requires the products each month at no

cost to the child, regardless of financial means.

§ 5707. Postpartum recovery.

(a) Restraints during postpartum recovery.--No restraints

shall be used on any child who has given birth within the last

30 days and is in postpartum recovery, unless the department

has a reasonable belief that the child will harm the child, the

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child's newborn or another individual or pose a substantial risk

of imminent flight. If restraints are used, the staff ordering

the use of restraints on a child while in postpartum recovery

shall submit a written report to the individual in charge of the

facility within 72 hours following the use of the restraints,

containing the justification for restraining the child during

postpartum recovery. The report shall also be sent to the

department.

(b) Post-delivery bonding period.--Subject to hospital

policy, following the delivery of a newborn, the department

shall permit the newborn to remain with the child at the

hospital for 72 hours unless a health care professional has a

reasonable belief that the newborn remaining with the child

poses a health or safety risk to the newborn.

period under subsection (b), the department shall make available

the necessary nutritional and hygiene products to care for the

newborn.

§ 5708. Reports relating to pregnant or postpartum child.

(a) Requirement.--A facility shall, in writing, report to

the department on each restraint applied to a pregnant, laboring

or postpartum child in the facility's custody. The following

apply:

(1) The report shall note the number and type of

restraints.

(2) The provisions of this subsection shall apply to any

person tasked with transporting or housing a pregnant or

postpartum child.

(b) Contents of report.--Reports of each restraint or

placement of a child as required under subsection (a) must

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include the following:

(1) The circumstances that led to the determination that

the child represented a substantial risk of imminent flight.

(2) The circumstances that led to the determination that

other extraordinary medical or security circumstances

dictated that the child be restrained to ensure the safety

and security of the child, the staff of the facility or

medical facility, another child or the public.

(3) The date and time restraints were applied, and the

length of time the child was kept in restraints.

(4) The number and type of restraints used.

(5) Any physical effects on the child or the unborn baby

of a child resulting from placement in the restraints.

required, staff shall accommodate the child's stated preference

regarding the gender of the staff to be present in the room

during the examination, labor or delivery of the pregnant child,

except in cases of exigent circumstances as determined by the

facility director or designee.

( d) Availability of reports.--The nonidentifying data

contained in the reports submitted to the department shall be

posted on the department's publicly accessible Internet website

annually. No identifying information, such as names or dates of

birth, shall be posted.

Section 3. Section 5905 of Title 61 is amended to read:

§ 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]

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incarcerated individual or detainee during transport to and from

the medical facility and during her stay at the medical

facility.

(b) Restraint of pregnant [prisoners] incarcerated

individuals and detainees.--

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

institution shall not apply restraints, including handcuffs,

to [a prisoner] an incarcerated individual or detainee known

to be pregnant during any stage of labor[, any pregnancy-

related medical distress, any period of delivery,] or 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.] section

1104(f) (relating to State recording system relating to

pregnant and postpartum incarcerated individuals or

detainees).

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

provided the correctional institution staff assigned to the

[prisoner] incarcerated individual or detainee makes an

individualized determination that the [prisoner] incarcerated

individual or detainee presents a substantial risk of

imminent flight or some other extraordinary medical or

security circumstance dictates that the [prisoner]

incarcerated individual or detainee be restrained to ensure

the safety and security of the [prisoner] incarcerated

individual or detainee, the staff of the correctional

institution or medical facility, other [prisoners]

incarcerated individuals or detainees or the public. The

assigned correctional institution staff shall report the

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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] In the case of any use of restraints on a

pregnant or postpartum incarcerated individual by an

individual or entity that is not employed by the correctional

institution but is transporting the pregnant or postpartum

incarcerated individual on behalf of the correctional

institution, the individual or entity shall report the

restraint to the correctional institution in a reasonable

amount of time after the incident occurs. The reporting

requirement shall not apply to a law enforcement agency

unless the law enforcement agency is transporting pregnant or

postpartum incarcerated individuals on behalf of the

correctional institution.

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

time shall the [prisoner] incarcerated individual 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] an incarcerated

individual or detainee is in the second or third trimester of

pregnancy.

an incarcerated individual or detainee who has been restrained

under this subsection:

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(1) The correctional institution staff accompanying the

[prisoner] incarcerated individual or detainee shall

[immediately] promptly 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] incarcerated individual 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.]

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(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.]

"Incarcerated individual." An individual incarcerated or

detained in a 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] an incarcerated

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individual's or detainee's body [and] or 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] or both.

Section 4. Title 61 is amended by adding sections to read:

§ 5905.1. Restrictive housing prohibited for pregnant or

postpartum incarcerated individuals and detainees.

(a) Restrictive housing prohibited.--Except as provided

under subsection (c), a pregnant or postpartum incarcerated

individual or detainee may not be involuntarily placed in

restrictive housing in any correctional institution in this

Commonwealth.

(b) Alternative discipline.--Forms of discipline for

pregnant and postpartum incarcerated individuals or detainees

shall be limited to sanctions, including restrictions on

telephone usage or visitation or other common forms of

alternative discipline used in the United States.

individual or detainee may be placed in restrictive housing only

as a temporary response to behavior that poses a serious and

immediate risk of physical harm to the pregnant or postpartum

incarcerated individual or detainee, another incarcerated

individual or detainee, the unborn child of the pregnant

incarcerated individual or detainee or staff. The following

shall apply:

(1) The decision to place a pregnant or postpartum

incarcerated individual or detainee in restrictive housing

under this subsection must be approved by the chief

administrator.

(2) The rationale for the decision under this subsection

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must be documented as required by section 1104 (relating to

State recording system relating to pregnant and postpartum

incarcerated individuals or detainees).

(3) No period of restrictive housing shall exceed seven

days without additional approval and documented rationale, as

required by section 1104, of the chief administrator. There

shall be a minimum of seven days 24 HOURS between each

restrictive placement absent extraordinary circumstances.

(d) Bed assignments.--The correctional institution may not

assign a pregnant incarcerated individual or detainee to any bed

that is elevated more than three feet from the floor of the

facility.

(e) Definition.--As used in this section, the term

"postpartum" means the eight-week period, or longer as

determined by the health care professional responsible for the

health and safety of the incarcerated individual or detainee,

following childbirth.

§ 5908. Cavity search and inspection restrictions.

(a) Cavity search and inspection restrictions.--To the

greatest extent possible:

(1) No staff other than a licensed health care

professional shall conduct an invasive body cavity search of

a pregnant or postpartum incarcerated individual or detainee.

(2) A correctional institution shall limit searches by

male staff, other than medically licensed professional male

staff, if a female incarcerated individual or detainee is in

a state of undress.

(b) Documentation requirement.--If staff is required to

perform an invasive body cavity search on a pregnant or

postpartum incarcerated individual or detainee, or male staff,

20230HB0900PN2406 - 25 -

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other than medically licensed professional male staff, is

required to conduct a search on a female incarcerated individual

or detainee in a state of undress, a written report shall be

submitted to the correctional institution within 72 hours

following the cavity search or inspection. The report under this

subsection shall:

(1) include the justification for performing the cavity

search or male staff inspection as required in this

subsection;

(2) document and identify any contraband that was found

on the incarcerated individual or detainee; and

(3) be sent to the department or the Department of Human

Services, as applicable.

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

subsection unless the context clearly indicates otherwise:

"Body cavity search." An invasive search of incarcerated

individuals or detainees, conducted by staff in search of

contraband, excluding the nose, ears and mouth.

"Staff." An individual, including contracted staff, who is

employed by a correctional institution, the department or the

Department of Human Services, excluding any licensed medical

professional.

"State of undress." A state where an incarcerated or

detained female is partially or fully naked, either in the

shower, toilet areas, a medical examination room or while a body

cavity search is being conducted.

§ 5909. Training and education requirement.

(a) Correctional institution staff training.--The department

and the Department of Human Services shall jointly develop and

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provide correctional institutions with a training program for

staff who have contact with a pregnant, laboring or postpartum

incarcerated individual or detainee. The training program shall

be related to the physical and mental health of the pregnant or

postpartum incarcerated individual or detainee and unborn child,

including:

(1) The general care of a pregnant individual.

(2) The impact of restraints on a pregnant individual

and unborn child.

(3) The impact of being placed in restrictive housing on

a pregnant individual.

(4) The impact of invasive searches on a pregnant

individual.

(5) Any other pertinent information the department or

the Department of Human Services finds appropriate or

necessary.

(b) Correctional institution staff training exceptions.--If

the correctional institution or county correctional institution

prohibits the placement of pregnant individuals as a matter of

law POLICY , that institution may submit a written exemption

reporting that there is no risk of staff interacting with

pregnant individuals housed in the institution. The exemption

under this subsection shall apply only to the correctional

institution, not the individual staff of the institution. All

correctional institution staff that come in contact with

pregnant incarcerated individuals shall complete the training

under this section. If correctional institution staff work at

more than one institution, the staff must receive the required

training at the nonexempt institution.

20230HB0900PN2406 - 27 -

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individuals.--The department and the Department of Human

Services shall jointly develop and provide correctional

institutions and county correctional institutions with

educational programming for pregnant or postpartum incarcerated

individuals or detainees. The educational programming shall be

related to:

(1) Medical screenings related to female reproductive

and overall health, including preventive screenings.

(2) Prenatal care.

(3) Pregnancy-specific hygiene.

(4) The impact of alcohol and drugs on the unborn child.

(5) General health of the child.

(6) Any other pertinent information the department or

the Department of Human Services finds appropriate or

necessary.

(d) Trauma-informed care.--

(1) The chief administrator shall, as the chief

administrator deems necessary, ensure that the correctional

institution provides to incarcerated individuals and

detainees quality trauma-informed care.

(2) Trauma-informed care for an individual shall begin

immediately upon the individual's intake and assessment at a

correctional institution.

(3) Correctional staff shall receive professional

training, approved by the Department of Human Services,

relating to trauma-informed care, which shall include the

following:

(i) Training to identify individuals with trauma.

(ii) Training on how and when to refer individuals

to the proper health care professionals, including

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preventive health care and mental health care.

(iii) Training on how to interact with and empower

incarcerated individuals who have experienced trauma.

(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:

"Postpartum." The eight-week period, or longer as determined

by the health care professional responsible for the health and

safety of the incarcerated individual or detainee, following

childbirth.

"Trauma-informed care." An organizational structure and

treatment framework that involves recognizing, understanding and

responding to the effects of trauma.

§ 5910 . Feminine hygiene and incontinence products.

(a) Issuance of feminine hygiene products relating to

menstruation.--A supply of feminine hygiene products shall be

provided to all incarcerated individuals and detainees who are

menstruating in a correctional institution each month at no cost

to the incarcerated individuals and detainees, regardless of

financial means. Incarcerated individuals and detainees shall

not be required to show proof of need or to undergo a medical

examination or obtain a medical permit, authorization or

diagnosis to receive the products under subsection (b).

(b) Feminine hygiene products provided.--A choice of at

least two sizes or absorbencies of sanitary pads shall be

distributed to all incarcerated individuals and detainees who

are menstruating in a correctional institution or if requested

from medical staff.

at least two sizes of tampons shall be distributed to

20230HB0900PN2406 - 29 -

incarcerated individuals and detainees who request a tampon from

medical staff.

(d) Issuance of feminine hygiene products relating to

bladder control and incontinence.--A supply of products for

bladder control and incontinence shall be provided to

incarcerated individuals and detainees, including geriatric

incarcerated individuals and postpartum incarcerated

individuals, who require such products each month at no cost to

incarcerated individuals and detainees, regardless of financial

means.

(e) Bladder control and incontinence products

distribution.--Adult diapers or protective undergarments shall

be distributed to incarcerated individuals who require them.

(f) Rules and regulations.--The correctional institution

shall promulgate rules necessary to implement and enforce the

provisions of this section.

(g) Definition.--As used in this section, the term "feminine

hygiene products" means products that women use during

menstruation. The term includes tampons and sanitary napkins.

§ 5911 . Postpartum recovery.

(a) Restraints during postpartum recovery.--No restraints

shall be used on any incarcerated individual or detainee who has

given birth within the last 30 days and is in postpartum

recovery, unless the department or the Department of Human

Services, as applicable, has a reasonable belief that the

incarcerated individual or detainee will harm themselves, their

newborn or another individual or pose a substantial risk of

imminent flight. If restraints are used, the facility employee

ordering the use of restraints on an incarcerated individual or

detainee while in postpartum recovery shall submit a written

20230HB0900PN2406 - 30 -

report to the chief administrator of the facility within 72

hours following the use of the restraints, containing the

justification for restraining the incarcerated individual or

detainee during postpartum recovery. The report shall also be

sent to the department or the Department of Human Services, as

applicable.

(b) Postdelivery bonding period.-- Following the delivery of

a newborn and subject to hospital policies, including length of

stay, the department or the Department of Human Services shall

permit the child to remain with the mother at the hospital for

up to 72 hours unless there is a reasonable belief that the

child remaining with the mother presents a health or safety risk

to the child.

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

subsection unless the context clearly indicates otherwise:

"Postpartum." The eight-week period, or longer as determined

by the health care professional responsible for the health and

safety of the incarcerated individual or detainee, following

childbirth.

"Substantial risk of imminent flight." A showing of real and

considerable risk of escaping by the incarcerated individual

with the intent to avoid continued incarceration. An

individual's history of escape attempts and flight to avoid

continued incarceration may be relevant to the determination,

but history alone cannot meet the requirement .

Section 5. This act shall take effect in 180 days.

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