Alabama 2022 Regular Session

Alabama House Bill HB28 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 HB28
2	2	2 209491-1
3	3	3 By Representatives Hollis and Hall
4	4	4 RFD: Judiciary
5	5	5 First Read: 11-JAN-22
6	6
7	7	Page 0 1 209491-1:n:02/02/2021:HB/ma LSA2021-138
8	8	2
9	9	3
10	10	4
11	11	5
12	12	6
13	13	7
14	14	8 SYNOPSIS: This bill would provide for prohibited
15	15	9 practices relating to a pregnant female inmate or a
16	16	10 female inmate who is in the immediate postpartum
17	17	11 period.
18	18	12 This bill would also specifically prohibit
19	19	13 certain actions relating to strip searches,
20	20	14 restraints, examinations, labor and delivery,
21	21	15 solitary confinement, and transfer.
22	22	16
23	23	17 A BILL
24	24	18 TO BE ENTITLED
25	25	19 AN ACT
26	26	20
27	27	21 Relating to inmates; to provide for prohibited
28	28	22 practices relating to the treatment of a pregnant female
29	29	23 inmate or a female inmate who is in the immediate postpartum
30	30	24 period.
31	31	25 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
32	32	26 Section 1. For purposes of this act, the following
33	33	27 terms have the following meanings:
34	34	Page 1 1 (1) CUSTODIAN. A warden, sheriff, jailer, deputy
35	35	2 sheriff, police officer, or any other law enforcement officer.
36	36	3 (2) IMMEDIATE POSTPARTUM PERIOD. The six-week period
37	37	4 following childbirth unless extended by a physician due to
38	38	5 complications.
39	39	6 (3) OFFICER IN CHARGE. The individual who is
40	40	7 responsible for the supervision of a penal institution.
41	41	8 (4) PENAL INSTITUTION. Any place of confinement for
42	42	9 juvenile or adult individuals accused of, convicted of, or
43	43	10 adjudicated for violating a law of this state or an ordinance
44	44	11 of a political subdivision of this state.
45	45	12 (5) PREGNANT WOMAN. A juvenile or adult female whose
46	46	13 pregnancy has been verified by a pregnancy test or through a
47	47	14 medical examination conducted by a physician who is in the
48	48	15 second or third trimester of pregnancy.
49	49	16 Section 2. (a) A pregnant woman may not be required
50	50	17 to squat or cough during a strip search conducted by a
51	51	18 custodian.
52	52	19 (b) A pregnant woman may not be required to undergo
53	53	20 any vaginal examination unless prescribed and performed by a
54	54	21 licensed health care professional.
55	55	22 (c) Except as otherwise provided in this subsection,
56	56	23 a custodian may not use handcuffs, waist shackles, leg irons,
57	57	24 or restraints of any kind on a pregnant woman in labor, in
58	58	25 delivery, or on a woman in the immediate postpartum period
59	59	26 while in custody.
60	60	Page 2 1 (d) A woman who is in the immediate postpartum
61	61	2 period may only be restrained using wrist handcuffs with her
62	62	3 wrists held in front of her body and only if there are
63	63	4 compelling grounds to believe that the woman presents either
64	64	5 of the following:
65	65	6 (1) An immediate and serious threat of harm to
66	66	7 herself, staff, or others.
67	67	8 (2) A substantial flight risk and cannot be
68	68	9 reasonably contained by other means.
69	69	10 (e) If a custodian uses wrist handcuffs on a woman
70	70	11 who is in the immediate postpartum period under an exception
71	71	12 provided in paragraph (d) of this subsection, the
72	72	13 circumstances for and details of the exception shall be
73	73	14 documented within two days of the incident. The information
74	74	15 shall include the nature of the circumstances and the length
75	75	16 of time of the use of restraints. The documentation shall be
76	76	17 reviewed by the officer in charge and retained by the penal
77	77	18 institution for reporting purposes.
78	78	19 (f) Nothing in this subsection shall prohibit the
79	79	20 use of medical restraints by a licensed health care
80	80	21 professional to ensure the medical safety of a pregnant woman.
81	81	22 (g) A pregnant woman or woman who is in the
82	82	23 immediate postpartum period may not be placed in solitary
83	83	24 confinement, in administrative segregation, or for medical
84	84	25 observation in a solitary confinement setting.
85	85	26 (h) Nothing in this subsection shall prohibit the
86	86	27 placement of the woman in a cell or hospital room by herself.
87	87	Page 3 1 (i) A pregnant woman who is temporarily held in a
88	88	2 county jail pending transfer to a state penal institution
89	89	3 shall be transferred as expeditiously as possible.
90	90	4 (j) The Department of Corrections and a sheriff
91	91	5 overseeing a county jail in which a pregnant woman is
92	92	6 incarcerated shall make all reasonable efforts to facilitate
93	93	7 the transfer. This subsection does not apply to a pregnant
94	94	8 woman who has been sentenced to a county jail by a judge.
95	95	9 Section 3. This act shall become effective on the
96	96	10 first day of the third month following its passage and
97	97	11 approval by the Governor, or its otherwise becoming law.
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