Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 24-1166.01 Yelana Love x2295
HOUSE BILL 24-1459
House Committees Senate Committees
Judiciary
A BILL FOR AN ACT
C
ONCERNING PROTECTIONS FOR BIRTHING PERSONS .101
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
Current law prohibits the use of restraints on a pregnant person in
custody with certain exceptions. The bill prohibits the use of restraints on
an inmate during labor, delivery of the child, postpartum recovery while
in a medical facility, or transport to or from a medical facility for
childbirth, without any exceptions.
The bill also requires a correctional facility or private contract
prison to develop administrative policies, including a system for milk
storage, to ensure a newborn can receive the milk that the newborn's
HOUSE SPONSORSHIP
Herod,
SENATE SPONSORSHIP
Buckner,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. postpartum parent has pumped for the newborn's nourishment.
The bill requires each health-care facility that provides labor and
delivery services to establish a policy creating a process for the facility to
receive individuals who are pregnant, undergoing physiologic birth, or in
the physiologic postpartum process from locations other than licensed
facilities.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 17-1-113.7, amend2
(1) and (2)(a) as follows:3
17-1-113.7. Prohibition against the use of restraints on4
pregnant inmates in the custody of correctional facilities and private5
contract prisons - report - definition. (1) The staff of a correctional6
facility or private contract prison, when restraining a female inmate, shall7
use the least restrictive restraints necessary to ensure safety if the staff of8
the correctional facility or private contract prison have actual knowledge
9
or a reasonable belief that the inmate is pregnant. The requirement that10
staff use the least restrictive restraints necessary to ensure safety shall11
continue during postpartum recovery and transport to or from a12
correctional facility and private contract prison,
EXCEPT AS PROVIDED IN13
SUBSECTION (2)(a) OF THIS SECTION.14
(2) (a) (I) Staff of a correctional facility, private contract prison,15
or medical facility shall not use restraints of any kind on a pregnant
16
inmate during labor and delivery of the child; except that staff may use17
restraints if: AN INMATE DURING LABOR , DELIVERY OF THE CHILD ,18
POSTPARTUM RECOVERY WHILE IN A MEDICAL FACILITY , OR TRANSPORT TO19
OR FROM A MEDICAL FACILITY FOR CHILDBIRTH .20
(A) The medical staff determine that restraints are medically21
necessary for safe childbirth;22
HB24-1459-2- (B) The prison staff or medical staff determine that the inmate1
presents an immediate and serious risk of harm to herself, to other2
patients, or to medical staff; or3
(C) The warden or his or her designee determines that the inmate4
poses a substantial risk of escape that cannot reasonably be reduced by5
the use of other existing means.6
(II) Notwithstanding any provision of subparagraph (I) of this7
paragraph (a) to the contrary, under no circumstances shall staff use leg8
shackles or waist restraints on an inmate during labor and delivery of the9
child, postpartum recovery while in a medical facility, or transport to or10
from a medical facility for childbirth.11
(II) A
S USED IN THIS SUBSECTION (2)(a), "LABOR" INCLUDES12
CONTRACTIONS, OFTEN EXPERIENCED AS LABOR PAINS , WHICH CAN13
PRECEDE BIRTH BY HOURS OR DAYS . "LABOR" DOES NOT REQUIRE A14
MEDICAL DIAGNOSIS.15
SECTION 2. In Colorado Revised Statutes, 17-26-104.7, amend16
(1) and (2)(a) as follows:17
17-26-104.7. Prohibition against the use of restraints on18
pregnant persons in custody - definition. (1) The staff of a county jail,19
in restraining a woman who is committed, detained, or confined to the20
county jail, shall use the least restrictive restraints necessary to ensure21
safety if the staff of the county jail have actual knowledge or
a reasonable22
belief that the woman is pregnant. The requirement that staff use the least23
restrictive restraints necessary to ensure safety shall continue during24
postpartum recovery and transport to or from the county jail,
EXCEPT AS25
PROVIDED IN SUBSECTION (2)(a) OF THIS SECTION.26
(2) (a) (I) The
County jail staff or medical facility staff shall not27
HB24-1459
-3- use restraints of any kind on the woman during labor and delivery of the1
child; except that staff may use restraints if: A WOMAN DURING LABOR ,2
DELIVERY OF THE CHILD, POSTPARTUM RECOVERY WHILE IN A MEDICAL3
FACILITY, OR TRANSPORT TO OR FROM A MEDICAL FACILITY FOR4
CHILDBIRTH.5
(A) The medical staff determine that restraints are medically6
necessary for safe childbirth;7
(B) The county jail staff or medical staff determine that the8
woman presents an immediate and serious risk of harm to herself, to other9
patients, or to medical staff; or10
(C) The sheriff or his or her designee determines that the woman11
poses a substantial risk of escape that cannot reasonably be reduced by12
the use of other existing means.13
(II) Notwithstanding any provision of subparagraph (I) of this14
paragraph (a) to the contrary, under no circumstances shall staff use leg15
shackles or waist restraints on a woman during labor and delivery of the16
child, postpartum recovery while in a medical facility, or transport to or17
from a medical facility for childbirth.18
(II) A
S USED IN THIS SUBSECTION (2)(a), "LABOR" INCLUDES19
CONTRACTIONS, OFTEN EXPERIENCED AS LABOR PAINS , WHICH CAN20
PRECEDE BIRTH BY HOURS OR DAYS . "LABOR" DOES NOT REQUIRE A21
MEDICAL DIAGNOSIS.22
SECTION 3. In Colorado Revised Statutes, 17-1-114.5, add23
(1)(f.5) as follows:24
17-1-114.5. Incarceration of a person in custody with the25
capacity for pregnancy - report. (1) A correctional facility or private26
contract prison incarcerating a person who is capable of pregnancy shall:27
HB24-1459
-4- (f.5) DEVELOP ADMINISTRATIVE POLICIES, INCLUDING A SYSTEM1
FOR MILK STORAGE, TO ENSURE A NEWBORN CAN RECEIVE THE MILK THAT2
THE NEWBORN'S POSTPARTUM PARENT HAS PUMPED FOR THE NEWBORN 'S3
NOURISHMENT;4
SECTION 4. In Colorado Revised Statutes, 17-26-104.4, add5
(1)(g.5) as follows:6
17-26-104.4. Incarceration of a person with the capacity for7
pregnancy - report - definition. (1) A facility incarcerating a person8
who is capable of pregnancy, whether operated by a governmental entity9
or a private contractor, shall:10
(g.5) D
EVELOP ADMINISTRATIVE POLICIES, INCLUDING A SYSTEM11
FOR MILK STORAGE, TO ENSURE A NEWBORN CAN RECEIVE THE MILK THAT12
THE NEWBORN'S POSTPARTUM PARENT HAS PUMPED FOR THE NEWBORN 'S13
NOURISHMENT;14
SECTION 5. In Colorado Revised Statutes, 26-1-136.8, add15
(1)(f.5) as follows:16
26-1-136.8. Custody of a person with the capacity for17
pregnancy. (1) A state department facility that has in its custody a18
person who is capable of pregnancy shall:19
(f.5) D
EVELOP ADMINISTRATIVE POLICIES, INCLUDING A SYSTEM20
FOR MILK STORAGE, TO ENSURE A NEWBORN CAN RECEIVE THE MILK THAT21
THE NEWBORN'S POSTPARTUM PARENT HAS PUMPED FOR THE NEWBORN 'S22
NOURISHMENT;23
SECTION 6. In Colorado Revised Statutes, 25-3-126, amend24
(1)(d) and (1)(e); and add (1)(f) as follows:25
25-3-126. Health facilities - requirements related to labor and26
childbirth - rules - definitions. (1) Except as provided in subsection (2)27
HB24-1459
-5- of this section, on and after January 1, 2022, a health facility that provides1
services related to labor and childbirth shall demonstrate to the2
department, in the form and manner determined by the department by3
rule, that the health facility has a policy that:4
(d) Details the facility's process related to receiving a pregnant5
person's patient information from any provider regulated under title 126
who has provided care for the pregnant person; and7
(e) Establishes a process PROCESSES to transfer and receive8
pregnant persons across the facility's levels of care OF LICENSED9
FACILITIES within the facility's capacity and capability; AND10
(f) E
STABLISHES A PROCESS TO RECEIVE INDIVIDUALS WHO ARE11
PREGNANT, UNDERGOING PHYSIOLOGIC BIRTH , OR IN THE PHYSIOLOGIC12
POSTPARTUM PROCESS FROM LOCATIONS OTHER THAN LICENSED13
FACILITIES, INCLUDING A PROCESS TO RECEIVE VERBAL AND WRITTEN14
INFORMATION FROM INDIVIDUALS WITH RELEVANT INFORMATION ,15
INCLUDING BUT NOT LIMITED TO FAMILY MEMBERS , DOULAS, OR A16
HEALTH-CARE PROVIDER REGULATED UNDER TITLE 12.17
SECTION 7. Safety clause. The general assembly finds,18
determines, and declares that this act is necessary for the immediate19
preservation of the public peace, health, or safety or for appropriations for20
the support and maintenance of the departments of the state and state21
institutions.22
HB24-1459
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