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S.F. No. 1269 - Use of Restraints on Incarcerated Pregnant Women
 
Author: Senator Katie Sieben
 
Prepared By: Chris Turner, Senate Fiscal Analyst (651/296-4350)
 
Date: March 9, 2015



 

Section 1 requires correctional facility personnel, when using wrist restraints to transport a pregnant prisoner, to use restraints applied in such a way that the pregnant woman may be able to protect herself and her fetus in the event of a forward fall.

Section 2 requires an annual report from the Commissioner of Corrections to the Legislature on the use of restraints by state or local correctional facilities on:

  • pregnant women;
  • women in labor; and
  • women who have given birth in the preceding three days.

The report is due by February 15 of each year.

Section 3 is a technical amendment clarifying that the bill applies to all pre- and post-conviction female inmates. 

Section 4 clarifies pregnancy testing requirements by providing that female inmates be tested for pregnancy on or before day 14 of their incarceration.  It also strikes the (redundant) requirement regarding testing for sexually transmitted diseases and replaces it with the requirement that pregnant women be “provided the prevailing standard of care or current practice by the medical care provider’s peer group.”  Finally, section 4 requires correctional facilities to advise female inmates who have given birth in the past six months of the applicable laws and policies governing incarcerated pregnant women.

Section 5 provides a July 1, 2015, effective date.

 
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