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PRIOR PRINTER'S NOS. 2142, 3146
PRINTER'S NO. 3470
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1419
Session of
2021
INTRODUCED BY MIZGORSKI, JONES, CEPHAS, T. DAVIS, SHUSTERMAN,
DALEY, KINSEY, KRAJEWSKI, McNEILL, RYAN, HILL-EVANS,
HOHENSTEIN, FREEMAN, INNAMORATO, ISAACSON, MALAGARI, SANCHEZ,
SIMS, GUZMAN, WEBSTER, LEE, HOWARD, BROOKS, WARREN, SOLOMON,
D. MILLER, KINKEAD, HANBIDGE, YOUNG, KIM, N. NELSON, HELM,
SCHWEYER, FITZGERALD, KEEFER, BOBACK, PENNYCUICK, OTTEN,
BULLOCK, GUENST, A. BROWN, FIEDLER, McCLINTON, GILLEN, FLOOD,
KENYATTA, SCHMITT, BURGOS, PARKER, MERSKI, MERCURI, KAIL,
LEWIS, TOOHIL, KNOWLES, ECKER, RIGBY, FRANKEL, BONNER,
SCHEMEL, GLEIM, B. MILLER, ZIMMERMAN, COOK, TWARDZIK, MOUL,
BRIGGS AND DELLOSO, SEPTEMBER 21, 2021
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
SEPTEMBER 14, 2022
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; 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 family consideration in placement
and visitation, for feminine hygiene and incontinence
products and for postpartum recovery.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1104 of Title 61 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 1104. State recording system [for application of restraints]
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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. As it relates to restraints, the report need not
include when handcuffs are used on an incarcerated individual or
detainee that are associated with placement while in restrictive
housing . 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
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Services Code shall make the report to the Secretary of
[Public Welfare] Human Services.
(b) Contents of [written findings.--Written findings]
report.--Reports of each restraint or placement of an
incarcerated individual or detainee 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
represented a substantial risk of imminent flight; or
(ii) other extraordinary medical or security
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.
(3) 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.
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(4) The badge number or identification number of the
following:
(i) The custodian or staff member that 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 resulting from placement in the restraints that is
documented by the correctional institution.
(c) Staff presence during labor.-- Other than licensed
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
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
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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.
(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.
"Staff." An individual who is employed or contracted by a
correctional institution, the department or the Department of
Human Services.
Section 2. Sections 1758 heading, (a) and (b) and 5905 of
Title 61 are amended to read:
§ 1758. County recording system for [application of restraints
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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
restricted housing for a pregnant or postpartum incarcerated
individual or detainee.
(2) An invasive 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.--
[(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
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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 restricted 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
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,
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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 that 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 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 j ustification for performing a cavity search
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
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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.
* * *
§ 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]
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
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individuals and detainees.--
(1) Unless provided in paragraph (2), a correctional
institution shall not apply restraints, EXCLUDING 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 during
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
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
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institution staff] 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 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 any law enforcement
agency unless it 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.
(c) Restraints.--The following shall apply to [a prisoner]
an incarcerated individual or detainee who has been restrained
under this subsection:
(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
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[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.]
(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
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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.
"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.
["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] an incarcerated
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 3. Title 61 is amended by adding sections to read:
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§ 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.
(c) Exceptions.--A pregnant or postpartum incarcerated
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
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
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required by section 1104, of the chief administrator. There
shall be a minimum of seven days 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 cavity search on a pregnant or postpartum
incarcerated individual or detainee, or male staff, 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
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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.
(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:
"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
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,
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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, 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.
(c) Education programming for pregnant incarcerated
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
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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.--The following shall apply:
(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,
related to trauma-informed care, which shall include, but not
be limited to, 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, but
not limited to, 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
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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. Family consideration in placement and visitation.
(a) Visitation.--The department and the Department of Human
Services shall make efforts to authorize visitation by a minor
dependent child, with the minimum following requirements:
(1) One visit per inmate per week will be permitted.
Additional visits may be permitted.
(2) A minor dependent child under 18 years of age may be
able to visit the minor dependent child's parent at least one
day per week subject to department policy and facility space,
staffing and administrative capacity. The department shall
make efforts to provide the visitation in person, but the
visitation may be permitted through virtual means, subject to
department policy and facility space, staffing and
administrative capacity.
(1) A MINOR DEPENDENT CHILD UNDER 18 YEARS OF AGE SHALL
BE ABLE TO VISIT IN PERSON THE MINOR DEPENDENT CHILD'S PARENT
AT LEAST ONCE PER WEEK SUBJECT TO DEPARTMENT POLICY AND
FACILITY SPACE, STAFFING AND ADMINISTRATIVE CAPACITY.
(2) THE VISITS SHALL NOT IMPACT VISITATION PRIVILEGES
UNDER 37 PA. CODE § 93.3 (RELATING TO INMATE VISITING
PRIVILEGES).
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(3) ADDITIONAL VISITS MAY BE PERMITTED THROUGH VIRTUAL
MEANS, SUBJECT TO DEPARTMENT POLICY AND FACILITY SPACE,
STAFFING AND ADMINISTRATIVE CAPACITY.
(b) Exceptions.--Visitation privileges shall not be
authorized under subsection (a):
(1) For parents who have been deemed unsafe or
ineligible for visitation through the department or the
Department of Human Services until deemed safe or eligible
for visitation by the department or the Department of Human
Services.
(2) In instances where the minor dependent child was the
victim of a criminal offense under 18 Pa.C.S. (relating to
crimes and offenses) resulting in the incarceration or
detention of the parent.
(3) If the parent voluntarily enrolled in a detention
program which prohibits visitation.
§ 5911. Feminine hygiene and incontinence products.
(a) Issuance of feminine hygiene products related 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
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from medical staff.
(c) Feminine hygiene products to be requested.--A choice of
at least two sizes of tampons shall be distributed to
incarcerated individuals and detainees who request a tampon from
medical staff.
(d) Issuance of feminine hygiene products related 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.
§ 5912. 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
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ordering the use of restraints on an incarcerated individual or
detainee while in postpartum recovery shall submit a written
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, but not
limited to, 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.
(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:
"Licensed medical professional." An individual licensed to
practice medicine in this Commonwealth, as well as a nurse
practitioner, physician assistant or nurse.
"Postpartum recovery." 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,
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but history alone cannot meet the requirement.
Section 4. This act shall take effect in 180 days.
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