California 2019 2019-2020 Regular Session

California Assembly Bill AB691 Introduced / Bill

Filed 02/15/2019

                    CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 691Introduced by Assembly Member McCartyFebruary 15, 2019 An act to amend Section 3407 of the Penal Code, relating to inmates. LEGISLATIVE COUNSEL'S DIGESTAB 691, as introduced, McCarty. Pregnant inmates.Existing law prohibits a pregnant inmate, as defined, in labor, in recovery, or after delivery, from being restrained by the use of leg irons, waist chains, or handcuffs behind the body, and also prohibits, in these circumstances, restraint by the wrists, ankles, or both, unless deemed necessary for the safety and security of the inmate, the staff, or the public. Existing law requires restraints to be removed when a medical professional determines it to be necessary, as specified.This bill would make technical, nonsubstantive changes to these provisions.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NO  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 3407 of the Penal Code is amended to read:3407. (a) An inmate known to be pregnant or in recovery after delivery shall not be restrained by the use of leg irons, waist chains, or handcuffs behind the body.(b) A pregnant inmate in labor, during delivery, or in recovery after delivery, shall not be restrained by the wrists, ankles, or both, unless deemed necessary for the safety and security of the inmate, the staff, or the public.(c) Restraints shall be removed when a professional who is currently responsible for the medical care of a pregnant inmate during a medical emergency, labor, delivery, or recovery after delivery determines that the removal of restraints is medically necessary.(d) This section shall not be interpreted to does not require restraints in a case where when restraints are not otherwise required pursuant to a statute, regulation, or correctional facility policy.(e) Upon confirmation of an inmates pregnancy, she the inmate shall be advised, orally or in writing, of the standards and policies governing pregnant inmates, including, but not limited to, the provisions of this chapter, the relevant regulations, and the correctional facility policies.

 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 691Introduced by Assembly Member McCartyFebruary 15, 2019 An act to amend Section 3407 of the Penal Code, relating to inmates. LEGISLATIVE COUNSEL'S DIGESTAB 691, as introduced, McCarty. Pregnant inmates.Existing law prohibits a pregnant inmate, as defined, in labor, in recovery, or after delivery, from being restrained by the use of leg irons, waist chains, or handcuffs behind the body, and also prohibits, in these circumstances, restraint by the wrists, ankles, or both, unless deemed necessary for the safety and security of the inmate, the staff, or the public. Existing law requires restraints to be removed when a medical professional determines it to be necessary, as specified.This bill would make technical, nonsubstantive changes to these provisions.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NO  Local Program: NO 





 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION

Assembly Bill No. 691

Introduced by Assembly Member McCartyFebruary 15, 2019

Introduced by Assembly Member McCarty
February 15, 2019

 An act to amend Section 3407 of the Penal Code, relating to inmates. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 691, as introduced, McCarty. Pregnant inmates.

Existing law prohibits a pregnant inmate, as defined, in labor, in recovery, or after delivery, from being restrained by the use of leg irons, waist chains, or handcuffs behind the body, and also prohibits, in these circumstances, restraint by the wrists, ankles, or both, unless deemed necessary for the safety and security of the inmate, the staff, or the public. Existing law requires restraints to be removed when a medical professional determines it to be necessary, as specified.This bill would make technical, nonsubstantive changes to these provisions.

Existing law prohibits a pregnant inmate, as defined, in labor, in recovery, or after delivery, from being restrained by the use of leg irons, waist chains, or handcuffs behind the body, and also prohibits, in these circumstances, restraint by the wrists, ankles, or both, unless deemed necessary for the safety and security of the inmate, the staff, or the public. Existing law requires restraints to be removed when a medical professional determines it to be necessary, as specified.

This bill would make technical, nonsubstantive changes to these provisions.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 3407 of the Penal Code is amended to read:3407. (a) An inmate known to be pregnant or in recovery after delivery shall not be restrained by the use of leg irons, waist chains, or handcuffs behind the body.(b) A pregnant inmate in labor, during delivery, or in recovery after delivery, shall not be restrained by the wrists, ankles, or both, unless deemed necessary for the safety and security of the inmate, the staff, or the public.(c) Restraints shall be removed when a professional who is currently responsible for the medical care of a pregnant inmate during a medical emergency, labor, delivery, or recovery after delivery determines that the removal of restraints is medically necessary.(d) This section shall not be interpreted to does not require restraints in a case where when restraints are not otherwise required pursuant to a statute, regulation, or correctional facility policy.(e) Upon confirmation of an inmates pregnancy, she the inmate shall be advised, orally or in writing, of the standards and policies governing pregnant inmates, including, but not limited to, the provisions of this chapter, the relevant regulations, and the correctional facility policies.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. Section 3407 of the Penal Code is amended to read:3407. (a) An inmate known to be pregnant or in recovery after delivery shall not be restrained by the use of leg irons, waist chains, or handcuffs behind the body.(b) A pregnant inmate in labor, during delivery, or in recovery after delivery, shall not be restrained by the wrists, ankles, or both, unless deemed necessary for the safety and security of the inmate, the staff, or the public.(c) Restraints shall be removed when a professional who is currently responsible for the medical care of a pregnant inmate during a medical emergency, labor, delivery, or recovery after delivery determines that the removal of restraints is medically necessary.(d) This section shall not be interpreted to does not require restraints in a case where when restraints are not otherwise required pursuant to a statute, regulation, or correctional facility policy.(e) Upon confirmation of an inmates pregnancy, she the inmate shall be advised, orally or in writing, of the standards and policies governing pregnant inmates, including, but not limited to, the provisions of this chapter, the relevant regulations, and the correctional facility policies.

SECTION 1. Section 3407 of the Penal Code is amended to read:

### SECTION 1.

3407. (a) An inmate known to be pregnant or in recovery after delivery shall not be restrained by the use of leg irons, waist chains, or handcuffs behind the body.(b) A pregnant inmate in labor, during delivery, or in recovery after delivery, shall not be restrained by the wrists, ankles, or both, unless deemed necessary for the safety and security of the inmate, the staff, or the public.(c) Restraints shall be removed when a professional who is currently responsible for the medical care of a pregnant inmate during a medical emergency, labor, delivery, or recovery after delivery determines that the removal of restraints is medically necessary.(d) This section shall not be interpreted to does not require restraints in a case where when restraints are not otherwise required pursuant to a statute, regulation, or correctional facility policy.(e) Upon confirmation of an inmates pregnancy, she the inmate shall be advised, orally or in writing, of the standards and policies governing pregnant inmates, including, but not limited to, the provisions of this chapter, the relevant regulations, and the correctional facility policies.

3407. (a) An inmate known to be pregnant or in recovery after delivery shall not be restrained by the use of leg irons, waist chains, or handcuffs behind the body.(b) A pregnant inmate in labor, during delivery, or in recovery after delivery, shall not be restrained by the wrists, ankles, or both, unless deemed necessary for the safety and security of the inmate, the staff, or the public.(c) Restraints shall be removed when a professional who is currently responsible for the medical care of a pregnant inmate during a medical emergency, labor, delivery, or recovery after delivery determines that the removal of restraints is medically necessary.(d) This section shall not be interpreted to does not require restraints in a case where when restraints are not otherwise required pursuant to a statute, regulation, or correctional facility policy.(e) Upon confirmation of an inmates pregnancy, she the inmate shall be advised, orally or in writing, of the standards and policies governing pregnant inmates, including, but not limited to, the provisions of this chapter, the relevant regulations, and the correctional facility policies.

3407. (a) An inmate known to be pregnant or in recovery after delivery shall not be restrained by the use of leg irons, waist chains, or handcuffs behind the body.(b) A pregnant inmate in labor, during delivery, or in recovery after delivery, shall not be restrained by the wrists, ankles, or both, unless deemed necessary for the safety and security of the inmate, the staff, or the public.(c) Restraints shall be removed when a professional who is currently responsible for the medical care of a pregnant inmate during a medical emergency, labor, delivery, or recovery after delivery determines that the removal of restraints is medically necessary.(d) This section shall not be interpreted to does not require restraints in a case where when restraints are not otherwise required pursuant to a statute, regulation, or correctional facility policy.(e) Upon confirmation of an inmates pregnancy, she the inmate shall be advised, orally or in writing, of the standards and policies governing pregnant inmates, including, but not limited to, the provisions of this chapter, the relevant regulations, and the correctional facility policies.



3407. (a) An inmate known to be pregnant or in recovery after delivery shall not be restrained by the use of leg irons, waist chains, or handcuffs behind the body.

(b) A pregnant inmate in labor, during delivery, or in recovery after delivery, shall not be restrained by the wrists, ankles, or both, unless deemed necessary for the safety and security of the inmate, the staff, or the public.

(c) Restraints shall be removed when a professional who is currently responsible for the medical care of a pregnant inmate during a medical emergency, labor, delivery, or recovery after delivery determines that the removal of restraints is medically necessary.

(d) This section shall not be interpreted to does not require restraints in a case where when restraints are not otherwise required pursuant to a statute, regulation, or correctional facility policy.

(e) Upon confirmation of an inmates pregnancy, she the inmate shall be advised, orally or in writing, of the standards and policies governing pregnant inmates, including, but not limited to, the provisions of this chapter, the relevant regulations, and the correctional facility policies.