Bill Text: IA SF134 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A bill for an act relating to the use of restraints against a pregnant inmate or detainee and including effective date provisions. (See SF 399.)
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-12-31 - END OF 2013 ACTIONS [SF134 Detail]
Download: Iowa-2013-SF134-Introduced.html
Senate
File
134
-
Introduced
SENATE
FILE
134
BY
JOCHUM
A
BILL
FOR
An
Act
relating
to
the
use
of
restraints
against
a
pregnant
1
inmate
or
detainee
and
including
effective
date
provisions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
LEGISLATIVE
FINDINGS.
The
general
assembly
1
finds
all
of
the
following:
2
1.
Restraining
a
pregnant
woman
can
pose
undue
health
risks
3
to
the
woman
and
her
pregnancy.
4
2.
The
vast
majority
of
female
inmates
or
detainees
in
this
5
state
are
nonviolent
offenders.
6
3.
Restraining
pregnant
prison
inmates
increases
the
7
potential
for
physical
harm
from
an
accidental
trip
or
fall.
8
4.
Freedom
from
physical
restraints
is
especially
critical
9
during
labor,
delivery,
and
postpartum
recovery
after
delivery,
10
because
a
woman
often
needs
to
move
around
during
labor
and
11
recovery.
12
5.
Restraints
on
a
pregnant
woman
can
interfere
with
the
13
ability
of
medical
staff
to
appropriately
assist
in
childbirth
14
or
to
conduct
sudden
emergency
procedures.
15
Sec.
2.
NEW
SECTION
.
904.1001
Definitions.
16
As
used
in
this
division,
unless
the
context
otherwise
17
requires:
18
1.
“Correctional
institution”
means
any
state
correctional
19
institution
under
this
chapter,
county
jail
or
municipal
20
holding
facility
under
chapter
356,
county
detention
facility
21
under
chapter
356A,
or
other
detention
facility
that
is
used
to
22
detain
or
restrain
a
person,
including
a
juvenile,
under
the
23
laws
of
this
state
or
the
United
States.
24
2.
“Corrections
officer”
means
the
official
who
is
25
responsible
for
oversight
of
a
correctional
institution
or
the
26
official’s
designee.
27
3.
“Detainee”
means
any
adult
or
juvenile
person
detained
or
28
restrained
under
the
immigration
laws
of
the
United
States
at
29
any
correctional
institution.
30
4.
“Inmate”
means
any
adult
or
juvenile
person
incarcerated
31
or
detained
in
a
correctional
institution
who
is
accused
32
of,
convicted
or
adjudicated
guilty
of,
or
sentenced
for,
a
33
criminal
or
immigration
law
violation
including
persons
on
34
probation,
parole,
or
pretrial
release,
or
in
any
diversionary
35
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program.
1
5.
“Labor”
means
the
period
of
time
before
a
birth
during
2
which
contractions
are
of
sufficient
frequency,
intensity,
and
3
duration
to
bring
about
effacement
and
progressive
dilation
of
4
the
cervix.
5
6.
“Postpartum
recovery”
means,
as
determined
by
the
6
attending
physician,
the
period
immediately
following
delivery,
7
including
the
entire
period
a
woman
is
in
the
hospital
or
8
infirmary
after
birth.
9
7.
“Restraint”
means
any
physical
restraint
or
mechanical
10
device
used
to
control
the
body
or
limb
movement
of
an
inmate
11
or
detainee,
including
but
not
limited
to
flex
cuffs,
soft
12
restraints,
hard
metal
handcuffs,
a
black
box,
chubb
cuffs,
leg
13
irons,
belly
chains,
a
security
chain,
or
a
convex
shield.
14
Sec.
3.
NEW
SECTION
.
904.1002
Restraint
of
pregnant
inmates
15
or
detainees.
16
1.
A
correctional
institution
shall
not
use
restraints
on
17
an
inmate
or
detainee
known
to
be
pregnant,
including
during
18
labor,
delivery,
or
postpartum
recovery,
unless
the
corrections
19
officer
makes
an
individualized
determination
that
the
use
of
20
a
restraint
on
the
inmate
or
detainee
is
necessary
due
to
an
21
extraordinary
circumstance
under
subsection
2.
22
2.
A
corrections
officer
may
make
an
individualized
23
determination
that
use
of
a
restraint
is
necessary
for
a
24
pregnant
inmate
or
detainee
through
the
first
twenty
weeks
of
25
a
pregnancy
because
the
inmate
or
detainee
is
a
substantial
26
flight
risk
or
some
other
extraordinary
medical
or
security
27
circumstance
dictates
the
use
of
restraints
to
ensure
the
28
safety
and
security
of
the
inmate
or
detainee,
the
staff
of
29
the
correctional
institution
or
medical
facility,
the
general
30
public,
or
other
inmates
or
detainees.
31
3.
a.
Notwithstanding
subsection
2,
a
restraint
shall
32
not
be
used
on
a
pregnant
inmate
or
detainee
under
any
of
the
33
following
circumstances:
34
(1)
A
physician,
nurse,
or
other
health
professional
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treating
the
inmate
or
detainee
requests
the
restraints
be
1
removed.
2
(2)
After
the
twenty-fourth
week
of
pregnancy.
3
(3)
During
labor
or
childbirth.
4
b.
Notwithstanding
paragraph
“a”
,
a
restraint
may
be
used
5
after
the
twenty-fourth
week
of
the
pregnancy
if
the
physician,
6
nurse,
or
other
health
professional
treating
the
inmate
or
7
detainee
directs
the
use
of
the
restraint.
8
4.
a.
Upon
admission
of
an
inmate
or
detainee
to
a
medical
9
facility
or
birthing
center
for
childbirth,
no
corrections
10
officer
shall
remain
present
in
the
birthing
room
during
the
11
labor
or
childbirth,
unless
specifically
requested
by
the
12
physician,
nurse,
or
other
medical
personnel
treating
the
13
inmate
or
detainee.
14
b.
If
a
corrections
officer
is
requested
to
be
present
15
in
the
birthing
room
during
the
labor
or
childbirth,
the
16
corrections
officer
shall
be
female
if
practicable.
17
5.
a.
If
a
restraint
is
used
pursuant
to
subsection
2,
the
18
restraint
used
shall
be
used
in
the
least
restrictive
manner.
19
b.
The
corrections
officer
making
the
determination
to
use
a
20
restraint
pursuant
to
subsection
2
shall
make
written
findings
21
within
ten
days
of
the
decision
to
use
such
a
restraint.
The
22
findings
shall
be
kept
for
at
least
five
years
and
are
public
23
records,
except
no
individually
identifying
information
of
an
24
inmate
or
detainee
shall
be
made
public
without
the
written
25
consent
of
the
inmate
or
detainee.
26
Sec.
4.
NEW
SECTION
.
904.1003
Transportation
of
a
pregnant
27
inmate
or
detainee.
28
A
correctional
institution
shall
use
a
wheelchair
to
29
transport
a
pregnant
inmate
or
detainee
to
or
from
a
transport
30
vehicle
or
to
or
from
any
appointment
unless
directed
otherwise
31
by
the
physician,
nurse,
or
other
health
professional
treating
32
the
inmate
or
detainee.
33
Sec.
5.
NEW
SECTION
.
904.1004
Damages.
34
In
addition
to
any
other
remedy
authorized
by
law,
a
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correctional
institution
that
restrains
an
inmate
or
detainee
1
in
violation
of
this
division
may
be
liable
for
civil
damages
2
and
reasonable
attorney
fees
and
costs.
3
Sec.
6.
NEW
SECTION
.
904.1005
Report.
4
The
department
of
corrections,
in
conjunction
with
the
5
other
entities
supervising
inmates
and
detainees
in
the
state,
6
shall
file
a
report
with
the
general
assembly
by
August
1
of
7
each
fiscal
year,
detailing
every
instance
in
which
restraints
8
were
used
on
a
pregnant
inmate
or
detainee
pursuant
to
this
9
division.
The
report
shall
not
contain
personal
identifying
10
information
of
any
inmate
or
detainee.
11
Sec.
7.
RULES.
The
department
of
corrections,
in
12
conjunction
with
other
entities
supervising
inmates
and
13
detainees
in
the
state,
shall
commence
rulemaking
for
the
14
implementation
and
administration
of
this
Act
within
sixty
days
15
of
the
effective
date
of
this
Act.
16
Sec.
8.
EFFECTIVE
UPON
ENACTMENT.
This
Act,
being
deemed
of
17
immediate
importance,
takes
effect
upon
enactment.
18
EXPLANATION
19
This
bill
relates
to
the
use
of
restraints
on
a
pregnant
20
inmate
or
detainee.
21
The
bill
defines
“correctional
institution”
to
mean
any
22
state
correctional
institution,
county
jail,
municipal
holding
23
facility,
county
detention
facility,
or
other
detention
24
facility
that
is
used
to
detain
or
restrain
a
person,
including
25
a
juvenile,
under
the
laws
of
this
state
or
the
United
States.
26
The
bill
defines
“inmate”
to
mean
any
adult
or
juvenile
27
person
incarcerated
or
detained
in
a
correctional
institution
28
who
is
accused
of,
convicted
or
adjudicated
guilty
of,
or
29
sentenced
for,
a
criminal
or
immigration
law
violation
30
including
persons
on
probation,
parole,
or
pretrial
release,
31
or
in
any
diversionary
program.
32
The
bill
defines
“detainee”
to
mean
any
adult
or
juvenile
33
person
detained
or
restrained
under
the
immigration
laws
of
the
34
United
States
at
any
correctional
institution.
35
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The
bill
prohibits
a
correctional
institution
from
using
1
a
restraint
on
an
inmate
or
detainee
known
to
be
pregnant,
2
including
during
labor,
delivery,
or
postpartum
recovery,
3
unless
the
corrections
officer
makes
an
individualized
4
determination
that
the
use
of
a
restraint
on
a
pregnant
inmate
5
or
detainee
is
necessary
due
to
an
extraordinary
circumstance.
6
The
bill
permits
a
corrections
officer
to
make
an
7
individualized
determination
that
a
restraint
is
necessary
for
8
a
pregnant
inmate
or
detainee
through
the
first
20
weeks
of
9
a
pregnancy
because
the
inmate
or
detainee
is
a
substantial
10
flight
risk
or
some
other
extraordinary
medical
or
security
11
circumstance
dictates
the
use
of
a
restraint
to
ensure
the
12
safety
and
security
of
the
inmate
or
other
persons.
13
The
bill
prohibits
the
use
of
a
restraint
if
a
health
14
professional
treating
the
inmate
or
detainee
requests
the
15
restraints
be
removed,
the
pregnancy
is
at
more
than
24
weeks,
16
or
during
labor
or
childbirth.
However,
a
restraint
may
be
17
used
after
the
twenty-fourth
week
of
the
pregnancy
if
the
18
health
professional
treating
the
inmate
directs
the
use
of
the
19
restraint.
20
Upon
admission
of
an
inmate
or
detainee
to
a
medical
facility
21
or
birthing
center
for
childbirth,
the
bill
prohibits
a
22
corrections
officer
from
remaining
in
the
birthing
room
during
23
labor
or
childbirth,
unless
specifically
requested
by
the
24
medical
personnel
treating
the
inmate
or
detainee.
25
The
corrections
officer
making
the
determination
to
26
use
a
restraint
pursuant
to
the
bill
is
required
to
make
27
written
findings
within
10
days
of
the
decision
to
use
such
a
28
restraint.
29
The
bill
requires
a
correctional
institution
to
use
a
30
wheelchair
to
transport
a
pregnant
inmate
or
detainee
to
or
31
from
a
transport
vehicle
or
to
or
from
any
appointment,
unless
32
otherwise
directed
by
medical
personnel.
33
The
bill
requires
the
department
of
corrections,
in
34
conjunction
with
the
other
entities
supervising
inmates
and
35
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134
detainees
in
the
state,
to
file
a
report
with
the
general
1
assembly
by
August
1
of
each
fiscal
year,
detailing
every
2
instance
in
which
restraints
were
used
on
a
pregnant
inmate
or
3
detainee
pursuant
to
the
bill.
The
report
shall
not
contain
4
personal
identifying
information
of
any
inmate
or
detainee.
5
The
bill
requires
the
department
of
corrections
and
other
6
entities
supervising
inmates
and
detainees
to
commence
7
rulemaking
within
60
days
of
the
effective
date
of
the
bill.
8
The
bill
takes
effect
upon
enactment.
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