[§353-122]  Limitation on use of restraints.  (a)  While transporting, no restraints of any kind may be used on any committed female:

     (1)  During the third trimester of her pregnancy;

     (2)  During postpartum recovery; or

     (3)  During any portion of her pregnancy, if her physician so orders;

except in extraordinary circumstances.

     (b)  While the pregnant female is in labor or in childbirth no restraints of any kind shall be used.  Nothing in this section affects the use of hospital restraints requested for the medical safety of the patient by a treating physician.

     (c)  Any restraints used on a pregnant female shall be the least restrictive available and the most reasonable under the circumstances, but in no case shall leg irons or waist chains be used on any pregnant female.

     (d)  No correctional personnel shall be present in the room during the pregnant female's labor or childbirth, unless specifically requested by medical personnel.  If the correctional personnel's presence is requested by medical personnel, the correctional personnel shall be female, if practicable.

     (e)  If the doctor, nurse, or other health professional treating the pregnant female requests that restraints not be used, the corrections officer accompanying the pregnant female shall immediately remove all restraints.

     (f)  For the purpose of this section, "extraordinary circumstances" exist where a corrections officer makes an individualized determination that restraints are necessary to prevent an incarcerated pregnant female from escaping or injuring herself, medical or correctional personnel, or others.

     If a corrections officer determines that extraordinary circumstances exist and restraints are used, the corrections officer shall fully document in writing the facts upon which a finding of extraordinary circumstances was based.  The corrections officer shall also include the kind of restraints used and the reasons those restraints were considered the most reasonable and least restrictive available under the circumstances. [L 2011, c 174, pt of §1]



Previous Vol07_Ch0346-0398 Next