Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
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
Amended 2nd Reading
April 29, 2024
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 repeal (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 knowledge9
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 FOR THE USE OF13
RESTRAINTS DURING LABOR, DELIVERY, AND POSTPARTUM RECOVERY, THE14
STAFF SHALL COMPLY WITH THE "PROTECTION OF INDIVIDUALS FROM15
RESTRAINT AND SECLUSION ACT", ARTICLE 20 OF TITLE 26.16
(2) (a) (I) Staff of a correctional facility, private contract prison,17
or medical facility shall not use restraints of any kind on a pregnant18
inmate during labor and delivery of the child; except that staff may use19
restraints if:20
(A) The medical staff determine that restraints are medically21
necessary for safe childbirth;22
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
12
SECTION 2. In Colorado Revised Statutes, 17-26-104.7, amend13
(1); and repeal (2)(a) as follows:14
17-26-104.7. Prohibition against the use of restraints on15
pregnant persons in custody - definition. (1) The staff of a county jail,16
in restraining a woman who is committed, detained, or confined to the17
county jail, shall use the least restrictive restraints necessary to ensure18
safety if the staff of the county jail have actual knowledge or a reasonable19
belief that the woman is pregnant. The requirement that staff use the20
least restrictive restraints necessary to ensure safety shall continue during21
postpartum recovery and transport to or from the county jail FOR THE USE22
OF RESTRAINTS DURING LABOR, DELIVERY, AND POSTPARTUM RECOVERY,23
THE STAFF SHALL COMPLY WITH THE "PROTECTION OF INDIVIDUALS FROM24
RESTRAINT AND SECLUSION ACT", ARTICLE 20 OF TITLE 26.25
(2) (a) (I) The county jail staff or medical facility staff shall not26
use restraints of any kind on the woman during labor and delivery of the27
1459
-3- child; except that staff may use restraints if:1
(A) The medical staff determine that restraints are medically2
necessary for safe childbirth;3
(B) The county jail staff or medical staff determine that the4
woman presents an immediate and serious risk of harm to herself, to other5
patients, or to medical staff; or6
(C) The sheriff or his or her designee determines that the woman7
poses a substantial risk of escape that cannot reasonably be reduced by8
the use of other existing means.9
(II) Notwithstanding any provision of subparagraph (I) of this10
paragraph (a) to the contrary, under no circumstances shall staff use leg11
shackles or waist restraints on a woman during labor and delivery of the12
child, postpartum recovery while in a medical facility, or transport to or13
from a medical facility for childbirth.14
15
SECTION 3. In Colorado Revised Statutes, 17-1-114.5, add16
(1)(f.5) as follows:17
17-1-114.5. Incarceration of a person in custody with the18
capacity for pregnancy - report. (1) A correctional facility or private19
contract prison incarcerating a person who is capable of pregnancy shall:20
(f.5) D
EVELOP ADMINISTRATIVE POLICIES, INCLUDING A SYSTEM21
FOR
HUMAN MILK STORAGE , TO ENSURE A NEWBORN CAN RECEIVE THE22
HUMAN MILK THAT THE NEWBORN 'S POSTPARTUM PARENT HAS PUMPED23
FOR THE NEWBORN'S NOURISHMENT;24
SECTION 4. In Colorado Revised Statutes, 17-26-104.4, add25
(1)(g.5) as follows:26
17-26-104.4. Incarceration of a person with the capacity for27
1459
-4- pregnancy - report - definition. (1) A facility incarcerating a person1
who is capable of pregnancy, whether operated by a governmental entity2
or a private contractor, shall:3
(g.5) D
EVELOP ADMINISTRATIVE POLICIES, INCLUDING A SYSTEM4
FOR
HUMAN MILK STORAGE , TO ENSURE A NEWBORN CAN RECEIVE THE5
HUMAN MILK THAT THE NEWBORN 'S POSTPARTUM PARENT HAS PUMPED6
FOR THE NEWBORN'S NOURISHMENT;7
SECTION 5. In Colorado Revised Statutes, 26-1-136.8, add8
(1)(f.5) as follows:9
26-1-136.8. Custody of a person with the capacity for10
pregnancy. (1) A state department facility that has in its custody a11
person who is capable of pregnancy shall:12
(f.5) D
EVELOP ADMINISTRATIVE POLICIES, INCLUDING A SYSTEM13
FOR
HUMAN MILK STORAGE , TO ENSURE A NEWBORN CAN RECEIVE THE14
HUMAN MILK THAT THE NEWBORN 'S POSTPARTUM PARENT HAS PUMPED15
FOR THE NEWBORN'S NOURISHMENT;16
SECTION 6. In Colorado Revised Statutes, 25-3-126, amend17
(1)(d) and (1)(e); and add (1)(f) as follows:18
25-3-126. Health facilities - requirements related to labor and19
childbirth - rules - definitions. (1) Except as provided in subsection (2)20
of this section, on and after January 1, 2022, a health facility that provides21
services related to labor and childbirth shall demonstrate to the22
department, in the form and manner determined by the department by23
rule, that the health facility has a policy that:24
(d) Details the facility's process related to receiving a pregnant25
person's patient information from any provider regulated under title 1226
who has provided care for the pregnant person; and27
1459
-5- (e) Establishes a process PROCESSES to transfer and receive1
pregnant persons across the facility's levels of care OF LICENSED2
FACILITIES within the facility's capacity and capability; AND3
(f) E
STABLISHES A PROCESS TO RECEIVE INDIVIDUALS WHO ARE4
PREGNANT, UNDERGOING PHYSIOLOGIC BIRTH , OR IN THE PHYSIOLOGIC5
POSTPARTUM PROCESS FROM LOCATIONS OTHER THAN LICENSED6
FACILITIES, INCLUDING A PROCESS TO RECEIVE VERBAL AND WRITTEN7
INFORMATION FROM INDIVIDUALS WITH RELEVANT INFORMATION ,8
INCLUDING BUT NOT LIMITED TO FAMILY MEMBERS , DOULAS, OR A9
HEALTH-CARE PROVIDER REGULATED UNDER TITLE 12.10 SECTION 7. In Colorado Revised Statutes, 26-20-102, amend11
(1)(b)(I); and add (1)(a)(VII) as follows:12
26-20-102. Definitions. As used in this article 20, unless the13
context otherwise requires:14
(1) (a) "Agency" means:15
(VII) A COUNTY JAIL, AS DESCRIBED IN SECTION 17-26-101, FOR16
RESTRAINTS ON A PREGNANT PERSON IN LABOR , DELIVERY, OR17
POSTPARTUM RECOVERY .18
(b) "Agency" does not include:19
(I) The department of corrections or any public or private entity20
that has entered into a contract for services with such department, EXCEPT21
FOR RESTRAINTS ON A PREGNANT PERSON IN LABOR , DELIVERY, OR22
POSTPARTUM RECOVERY ;23
SECTION 8. Safety clause. The general assembly finds,24
determines, and declares that this act is necessary for the immediate25
preservation of the public peace, health, or safety or for appropriations for26
1459
-6- the support and maintenance of the departments of the state and state1
institutions.2
1459
-7-