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S.F. No. 2423 - Addressing the Needs of Incarcerated Women Related to Pregnancy and Childbirth
 
Author: Senator Barbara Goodwin
 
Prepared By: Kenneth P. Backhus, Senate Counsel (651/296-4396)
 
Date: March 20, 2014



 

Section 1 defines the following terms: “certified doula,” “correctional facility,” “doula services,” “postpartum,” and “restrain.” Of note: “restrain” means the use of a mechanical or other device to restrain the movement of a person’s body or limbs, “correctional facility” includes jails, and “postpartum” means the period of time following the birth of an infant to six months after the birth.

Section 2 prohibits representatives of correctional facilities from restraining: (1) a pregnant woman who is in labor; or (2) a pregnant woman or a woman who has given birth within the preceding three days through the use of waist chains or handcuffs affixed behind the woman’s back. A representative of a correctional facility may restrain a woman who has given birth within the preceding three days only upon making an individualized determination that the restraint is necessary to protect safety, or prevent flight or damage to property. In any event, a representative of a correctional facility is required to remove any restraints placed upon a pregnant woman during a medical emergency or upon a woman who has given birth within the preceding three days when directed to do so by the medical professional responsible for the woman’s medical care. Requires training on this section for staff members of correctional facilities.

Section 3 requires the head of each correctional facility to ensure that every woman incarcerated at the facility:

  • is tested for pregnancy
  • is tested for sexually transmitted diseases, if pregnant
  • is provided appropriate educational materials and resources related to pregnancy, childbirth, breastfeeding, and parenting, if pregnant or has recently given birth
  • has access to doula services, if pregnant or has recently given birth, and if these services are provided without charge or the incarcerated woman pays for the services
  • has access to a mental health assessment and, if necessary, treatment, if pregnant or has recently given birth
  • has access to evidence-based mental health treatment including psychotropic medication, if pregnant or has recently given birth and determined to be suffering from a mental illness
  • has access to evidence-based therapeutic care for postpartum depression, if pregnant or has recently given birth and determined to be suffering from postpartum depression
  • is advised orally or in writing of applicable laws and policies governing incarcerated pregnant women, if pregnant.

These provisions apply only for those incarcerated following conviction, or beyond their initial court appearances.

 

KPB/tg

 
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