Colorado 2024 Regular Session

Colorado House Bill HB1459 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	Second Regular Session
	2	+	Seventy-fourth General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 24-1166.01 Yelana Love x2295
1	8		HOUSE BILL 24-1459
2		-	BY REPRESENTATIVE(S) Herod and Garcia, Amabile, Boesenecker,
3		-	Brown, Duran, Epps, Froelich, Hamrick, Jodeh, Kipp, Lindstedt, Mabrey,
4		-	Marvin, McCormick, Ortiz, Parenti, Rutinel, Sirota, Story, Valdez, Velasco,
5		-	Vigil, Weissman, Young;
6		-	also SENATOR(S) Buckner and Gonzales, Bridges, Cutter, Danielson,
7		-	Exum, Fields, Ginal, Hinrichsen, Jaquez Lewis, Kolker, Marchman,
8		-	Michaelson Jenet, Priola, Rodriguez, Sullivan.
	9	+	House Committees Senate Committees
	10	+	Judiciary Judiciary
	11	+	A BILL FOR AN ACT
9	12		C
10		-	ONCERNING PROTECTIONS FOR BIRTHING PERSONS .
11		-	Be it enacted by the General Assembly of the State of Colorado:
12		-	SECTION 1. In Colorado Revised Statutes, 17-1-113.7, amend (1);
13		-	and repeal (2)(a) as follows:
14		-	17-1-113.7. Prohibition against the use of restraints on pregnant
15		-	inmates in the custody of correctional facilities and private contract
16		-	prisons - report - definition. (1) The staff of a correctional facility or
17		-	private contract prison, when restraining a female inmate, shall use the least
18		-	restrictive restraints necessary to ensure safety if the staff of the correctional
19		-	facility or private contract prison have actual knowledge or
20		-	a reasonable
21		-	belief that the inmate is pregnant. The requirement that staff use the least
22		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
23		-	officers and the Governor. To determine whether the Governor has signed the bill
24		-	or taken other action on it, please consult the legislative status sheet, the legislative
25		-	history, or the Session Laws.
26		-	________
27		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
28		-	through words or numbers indicate deletions from existing law and such material is not part of
29		-	the act. restrictive restraints necessary to ensure safety shall continue during
30		-	postpartum recovery and transport to or from a correctional facility and
31		-	private contract prison FOR THE USE OF RESTRAINTS DURING LABOR ,
32		-	DELIVERY, AND POSTPARTUM RECOVERY , THE STAFF SHALL COMPLY WITH
33		-	THE
34		-	"PROTECTION OF INDIVIDUALS FROM RESTRAINT AND SECLUSION ACT",
35		-	ARTICLE 20 OF TITLE 26.
36		-	(2) (a) (I) Staff of a correctional facility, private contract prison, ormedical facility shall not use restraints of any kind on a pregnant inmate
37		-	during labor and delivery of the child; except that staff may use restraints
38		-	if:
39		-	(A) The medical staff determine that restraints are medically
40		-	necessary for safe childbirth;
41		-	(B) The prison staff or medical staff determine that the inmate
42		-	presents an immediate and serious risk of harm to herself, to other patients,
43		-	or to medical staff; or
44		-	(C) The warden or his or her designee determines that the inmate
45		-	poses a substantial risk of escape that cannot reasonably be reduced by the
46		-	use of other existing means.
47		-	(II) Notwithstanding any provision of subparagraph (I) of this
48		-	paragraph (a) to the contrary, under no circumstances shall staff use leg
49		-	shackles or waist restraints on an inmate during labor and delivery of the
50		-	child, postpartum recovery while in a medical facility, or transport to or
51		-	from a medical facility for childbirth.
52		-	SECTION 2. In Colorado Revised Statutes, 17-26-104.7, amend
53		-	(1); and repeal (2)(a) as follows:
54		-	17-26-104.7. Prohibition against the use of restraints on
55		-	pregnant persons in custody - definition. (1) The staff of a county jail,
56		-	in restraining a woman who is committed, detained, or confined to the
57		-	county jail, shall use the least restrictive restraints necessary to ensure safety
58		-	if the staff of the county jail have actual knowledge or
59		-	a reasonable belief
60		-	that the woman is pregnant. The requirement that staff use the least
61		-	restrictive restraints necessary to ensure safety shall continue during
62		-	postpartum recovery and transport to or from the county jail FOR THE USE
63		-	PAGE 2-HOUSE BILL 24-1459 OF RESTRAINTS DURING LABOR , DELIVERY, AND POSTPARTUM RECOVERY ,
64		-	THE STAFF SHALL COMPLY WITH THE "PROTECTION OF INDIVIDUALS FROM
65		-	RESTRAINT AND SECLUSION ACT", ARTICLE 20 OF TITLE 26.
66		-	(2) (a) (I) The county jail staff or medical facility staff shall not use
67		-	restraints of any kind on the woman during labor and delivery of the child;
68		-	except that staff may use restraints if:
69		-	(A) The medical staff determine that restraints are medically
70		-	necessary for safe childbirth;
71		-	(B) The county jail staff or medical staff determine that the woman
72		-	presents an immediate and serious risk of harm to herself, to other patients,
73		-	or to medical staff; or
74		-	(C) The sheriff or his or her designee determines that the woman
75		-	poses a substantial risk of escape that cannot reasonably be reduced by the
76		-	use of other existing means.
77		-	(II) Notwithstanding any provision of subparagraph (I) of this
78		-	paragraph (a) to the contrary, under no circumstances shall staff use leg
79		-	shackles or waist restraints on a woman during labor and delivery of the
80		-	child, postpartum recovery while in a medical facility, or transport to or
81		-	from a medical facility for childbirth.
82		-	SECTION 3. In Colorado Revised Statutes, 17-1-114.5, add
83		-	(1)(f.5) as follows:
84		-	17-1-114.5. Incarceration of a person in custody with the
85		-	capacity for pregnancy - report. (1) A correctional facility or private
86		-	contract prison incarcerating a person who is capable of pregnancy shall:
	13	+	ONCERNING PROTECTIONS FOR BIRTHING PERSONS .101
	14	+	Bill Summary
	15	+	(Note: This summary applies to this bill as introduced and does
	16	+	not reflect any amendments that may be subsequently adopted. If this bill
	17	+	passes third reading in the house of introduction, a bill summary that
	18	+	applies to the reengrossed version of this bill will be available at
	19	+	http://leg.colorado.gov
	20	+	.)
	21	+	Current law prohibits the use of restraints on a pregnant person in
	22	+	custody with certain exceptions. The bill prohibits the use of restraints on
	23	+	an inmate during labor, delivery of the child, postpartum recovery while
	24	+	in a medical facility, or transport to or from a medical facility for
	25	+	childbirth, without any exceptions.
	26	+	The bill also requires a correctional facility or private contract
	27	+	prison to develop administrative policies, including a system for milk
	28	+	storage, to ensure a newborn can receive the milk that the newborn's
	29	+	SENATE
	30	+	3rd Reading Unamended
	31	+	May 7, 2024
	32	+	SENATE
	33	+	2nd Reading Unamended
	34	+	May 6, 2024
	35	+	HOUSE
	36	+	3rd Reading Unamended
	37	+	April 30, 2024
	38	+	HOUSE
	39	+	Amended 2nd Reading
	40	+	April 29, 2024
	41	+	HOUSE SPONSORSHIP
	42	+	Herod and Garcia, Amabile, Boesenecker, Brown, Duran, Epps, Froelich, Hamrick, Jodeh,
	43	+	Kipp, Lindstedt, Mabrey, Marvin, McCormick, Ortiz, Parenti, Rutinel, Sirota, Story, Valdez,
	44	+	Velasco, Vigil, Weissman, Young
	45	+	SENATE SPONSORSHIP
	46	+	Buckner and Gonzales, Bridges, Cutter, Danielson, Exum, Fields, Ginal, Hinrichsen,
	47	+	Jaquez Lewis, Kolker, Marchman, Michaelson Jenet, Priola, Rodriguez, Sullivan
	48	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	49	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	50	+	Dashes through the words or numbers indicate deletions from existing law. postpartum parent has pumped for the newborn's nourishment.
	51	+	The bill requires each health-care facility that provides labor and
	52	+	delivery services to establish a policy creating a process for the facility to
	53	+	receive individuals who are pregnant, undergoing physiologic birth, or in
	54	+	the physiologic postpartum process from locations other than licensed
	55	+	facilities.
	56	+	Be it enacted by the General Assembly of the State of Colorado:1
	57	+	SECTION 1. In Colorado Revised Statutes, 17-1-113.7, amend2
	58	+	(1); and repeal (2)(a) as follows:3
	59	+	17-1-113.7. Prohibition against the use of restraints on4
	60	+	pregnant inmates in the custody of correctional facilities and private5
	61	+	contract prisons - report - definition. (1) The staff of a correctional6
	62	+	facility or private contract prison, when restraining a female inmate, shall7
	63	+	use the least restrictive restraints necessary to ensure safety if the staff of8
	64	+	the correctional facility or private contract prison have actual knowledge9
	65	+	or a reasonable belief that the inmate is pregnant. The requirement that10
	66	+	staff use the least restrictive restraints necessary to ensure safety shall11
	67	+	continue during postpartum recovery and transport to or from a12
	68	+	correctional facility and private contract prison FOR THE USE OF13
	69	+	RESTRAINTS DURING LABOR, DELIVERY, AND POSTPARTUM RECOVERY, THE14
	70	+	STAFF SHALL COMPLY WITH THE "PROTECTION OF INDIVIDUALS FROM15
	71	+	RESTRAINT AND SECLUSION ACT", ARTICLE 20 OF TITLE 26.16
	72	+	(2) (a) (I) Staff of a correctional facility, private contract prison,17
	73	+	or medical facility shall not use restraints of any kind on a pregnant18
	74	+	inmate during labor and delivery of the child; except that staff may use19
	75	+	restraints if:20
	76	+	(A) The medical staff determine that restraints are medically21
	77	+	necessary for safe childbirth;22
	78	+	1459-2- (B) The prison staff or medical staff determine that the inmate1
	79	+	presents an immediate and serious risk of harm to herself, to other2
	80	+	patients, or to medical staff; or3
	81	+	(C) The warden or his or her designee determines that the inmate4
	82	+	poses a substantial risk of escape that cannot reasonably be reduced by5
	83	+	the use of other existing means.6
	84	+	(II) Notwithstanding any provision of subparagraph (I) of this7
	85	+	paragraph (a) to the contrary, under no circumstances shall staff use leg8
	86	+	shackles or waist restraints on an inmate during labor and delivery of the9
	87	+	child, postpartum recovery while in a medical facility, or transport to or10
	88	+	from a medical facility for childbirth.11
	89	+	12
	90	+	SECTION 2. In Colorado Revised Statutes, 17-26-104.7, amend13
	91	+	(1); and repeal (2)(a) as follows:14
	92	+	17-26-104.7. Prohibition against the use of restraints on15
	93	+	pregnant persons in custody - definition. (1) The staff of a county jail,16
	94	+	in restraining a woman who is committed, detained, or confined to the17
	95	+	county jail, shall use the least restrictive restraints necessary to ensure18
	96	+	safety if the staff of the county jail have actual knowledge or a reasonable19
	97	+	belief that the woman is pregnant. The requirement that staff use the20
	98	+	least restrictive restraints necessary to ensure safety shall continue during21
	99	+	postpartum recovery and transport to or from the county jail FOR THE USE22
	100	+	OF RESTRAINTS DURING LABOR, DELIVERY, AND POSTPARTUM RECOVERY,23
	101	+	THE STAFF SHALL COMPLY WITH THE "PROTECTION OF INDIVIDUALS FROM24
	102	+	RESTRAINT AND SECLUSION ACT", ARTICLE 20 OF TITLE 26.25
	103	+	(2) (a) (I) The county jail staff or medical facility staff shall not26
	104	+	use restraints of any kind on the woman during labor and delivery of the27
	105	+	1459
	106	+	-3- child; except that staff may use restraints if:1
	107	+	(A) The medical staff determine that restraints are medically2
	108	+	necessary for safe childbirth;3
	109	+	(B) The county jail staff or medical staff determine that the4
	110	+	woman presents an immediate and serious risk of harm to herself, to other5
	111	+	patients, or to medical staff; or6
	112	+	(C) The sheriff or his or her designee determines that the woman7
	113	+	poses a substantial risk of escape that cannot reasonably be reduced by8
	114	+	the use of other existing means.9
	115	+	(II) Notwithstanding any provision of subparagraph (I) of this10
	116	+	paragraph (a) to the contrary, under no circumstances shall staff use leg11
	117	+	shackles or waist restraints on a woman during labor and delivery of the12
	118	+	child, postpartum recovery while in a medical facility, or transport to or13
	119	+	from a medical facility for childbirth.14
	120	+	15
	121	+	SECTION 3. In Colorado Revised Statutes, 17-1-114.5, add16
	122	+	(1)(f.5) as follows:17
	123	+	17-1-114.5. Incarceration of a person in custody with the18
	124	+	capacity for pregnancy - report. (1) A correctional facility or private19
	125	+	contract prison incarcerating a person who is capable of pregnancy shall:20
87	126		(f.5) D
88		-	EVELOP ADMINISTRATIVE POLICIES, INCLUDING A SYSTEM FOR
89		-	HUMAN MILK STORAGE
90		-	, TO ENSURE A NEWBORN CAN RECEIVE THE HUMAN
91		-	MILK THAT THE NEWBORN
92		-	'S POSTPARTUM PARENT HAS PUMPED FOR THE
93		-	NEWBORN
94		-	'S NOURISHMENT;
95		-	SECTION 4. In Colorado Revised Statutes, 17-26-104.4, add
96		-	(1)(g.5) as follows:
97		-	PAGE 3-HOUSE BILL 24-1459 17-26-104.4. Incarceration of a person with the capacity for
98		-	pregnancy - report - definition. (1) A facility incarcerating a person who
99		-	is capable of pregnancy, whether operated by a governmental entity or a
100		-	private contractor, shall:
	127	+	EVELOP ADMINISTRATIVE POLICIES, INCLUDING A SYSTEM21
	128	+	FOR
	129	+	HUMAN MILK STORAGE , TO ENSURE A NEWBORN CAN RECEIVE THE22
	130	+	HUMAN MILK THAT THE NEWBORN 'S POSTPARTUM PARENT HAS PUMPED23
	131	+	FOR THE NEWBORN'S NOURISHMENT;24
	132	+	SECTION 4. In Colorado Revised Statutes, 17-26-104.4, add25
	133	+	(1)(g.5) as follows:26
	134	+	17-26-104.4. Incarceration of a person with the capacity for27
	135	+	1459
	136	+	-4- pregnancy - report - definition. (1) A facility incarcerating a person1
	137	+	who is capable of pregnancy, whether operated by a governmental entity2
	138	+	or a private contractor, shall:3
101	139		(g.5) D
102		-	EVELOP ADMINISTRATIVE POLICIES, INCLUDING A SYSTEM FOR
103		-	HUMAN MILK STORAGE
104		-	, TO ENSURE A NEWBORN CAN RECEIVE THE HUMAN
105		-	MILK THAT THE NEWBORN
106		-	'S POSTPARTUM PARENT HAS PUMPED FOR THE
107		-	NEWBORN
108		-	'S NOURISHMENT;
109		-	SECTION 5. In Colorado Revised Statutes, 26-1-136.8, add
110		-	(1)(f.5) as follows:
111		-	26-1-136.8. Custody of a person with the capacity for pregnancy.
112		-	(1) A state department facility that has in its custody a person who is
113		-	capable of pregnancy shall:
	140	+	EVELOP ADMINISTRATIVE POLICIES, INCLUDING A SYSTEM4
	141	+	FOR
	142	+	HUMAN MILK STORAGE , TO ENSURE A NEWBORN CAN RECEIVE THE5
	143	+	HUMAN MILK THAT THE NEWBORN 'S POSTPARTUM PARENT HAS PUMPED6
	144	+	FOR THE NEWBORN'S NOURISHMENT;7
	145	+	SECTION 5. In Colorado Revised Statutes, 26-1-136.8, add8
	146	+	(1)(f.5) as follows:9
	147	+	26-1-136.8. Custody of a person with the capacity for10
	148	+	pregnancy. (1) A state department facility that has in its custody a11
	149	+	person who is capable of pregnancy shall:12
114	150		(f.5) D
115		-	EVELOP ADMINISTRATIVE POLICIES, INCLUDING A SYSTEM FOR
116		-	HUMAN MILK STORAGE
117		-	, TO ENSURE A NEWBORN CAN RECEIVE THE HUMAN
118		-	MILK THAT THE NEWBORN
119		-	'S POSTPARTUM PARENT HAS PUMPED FOR THE
120		-	NEWBORN
121		-	'S NOURISHMENT;
122		-	SECTION 6. In Colorado Revised Statutes, 25-3-126, amend
123		-	(1)(d) and (1)(e); and add (1)(f) as follows:
124		-	25-3-126. Health facilities - requirements related to labor and
125		-	childbirth - rules - definitions. (1) Except as provided in subsection (2)
126		-	of this section, on and after January 1, 2022, a health facility that provides
127		-	services related to labor and childbirth shall demonstrate to the department,
128		-	in the form and manner determined by the department by rule, that the
129		-	health facility has a policy that:
130		-	(d) Details the facility's process related to receiving a pregnant
131		-	person's patient information from any provider regulated under title 12 who
132		-	has provided care for the pregnant person; and
133		-	(e) Establishes a process PROCESSES to transfer and receive pregnant
134		-	persons across the facility's levels of care OF LICENSED FACILITIES within the
135		-	facility's capacity and capability;
136		-	AND
137		-	PAGE 4-HOUSE BILL 24-1459 (f) ESTABLISHES A PROCESS TO RECEIVE INDIVIDUALS WHO ARE
138		-	PREGNANT
139		-	, UNDERGOING PHYSIOLOGIC BIRTH , OR IN THE PHYSIOLOGIC
140		-	POSTPARTUM PROCESS FROM LOCATIONS OTHER THAN LICENSED FACILITIES
141		-	,
142		-	INCLUDING A PROCESS TO RECEIVE VERBAL AND WRITTEN INFORMATION
143		-	FROM INDIVIDUALS WITH RELEVANT INFORMATION
144		-	, INCLUDING BUT NOT
145		-	LIMITED TO FAMILY MEMBERS
146		-	, DOULAS, OR A HEALTH-CARE PROVIDER
147		-	REGULATED UNDER TITLE
148		-	12.
149		-	SECTION 7. In Colorado Revised Statutes, 26-20-102, amend
150		-	(1)(b)(I); and add (1)(a)(VII) as follows:
151		-	26-20-102. Definitions. As used in this article 20, unless the context
152		-	otherwise requires:
153		-	(1) (a) "Agency" means:
154		-	(VII) A
155		-	COUNTY JAIL, AS DESCRIBED IN SECTION 17-26-101, FOR
156		-	RESTRAINTS ON A PREGNANT PERSON IN LABOR
157		-	, DELIVERY, OR POSTPARTUM
158		-	RECOVERY
159		-	.
160		-	(b) "Agency" does not include:
161		-	(I) The department of corrections or any public or private entity that
162		-	has entered into a contract for services with such department,
163		-	EXCEPT FOR
164		-	RESTRAINTS ON A PREGNANT PERSON IN LABOR
165		-	, DELIVERY, OR POSTPARTUM
166		-	RECOVERY
167		-	;
168		-	SECTION 8. Safety clause. The general assembly finds,
169		-	determines, and declares that this act is necessary for the immediate
170		-	preservation of the public peace, health, or safety or for appropriations for
171		-	PAGE 5-HOUSE BILL 24-1459 the support and maintenance of the departments of the state and state
172		-	institutions.
173		-	____________________________ ____________________________
174		-	Julie McCluskie Steve Fenberg
175		-	SPEAKER OF THE HOUSE PRESIDENT OF
176		-	OF REPRESENTATIVES THE SENATE
177		-	____________________________ ____________________________
178		-	Robin Jones Cindi L. Markwell
179		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
180		-	OF REPRESENTATIVES THE SENATE
181		-	APPROVED________________________________________
182		-	(Date and Time)
183		-	_________________________________________
184		-	Jared S. Polis
185		-	GOVERNOR OF THE STATE OF COLORADO
186		-	PAGE 6-HOUSE BILL 24-1459
	151	+	EVELOP ADMINISTRATIVE POLICIES, INCLUDING A SYSTEM13
	152	+	FOR
	153	+	HUMAN MILK STORAGE , TO ENSURE A NEWBORN CAN RECEIVE THE14
	154	+	HUMAN MILK THAT THE NEWBORN 'S POSTPARTUM PARENT HAS PUMPED15
	155	+	FOR THE NEWBORN'S NOURISHMENT;16
	156	+	SECTION 6. In Colorado Revised Statutes, 25-3-126, amend17
	157	+	(1)(d) and (1)(e); and add (1)(f) as follows:18
	158	+	25-3-126. Health facilities - requirements related to labor and19
	159	+	childbirth - rules - definitions. (1) Except as provided in subsection (2)20
	160	+	of this section, on and after January 1, 2022, a health facility that provides21
	161	+	services related to labor and childbirth shall demonstrate to the22
	162	+	department, in the form and manner determined by the department by23
	163	+	rule, that the health facility has a policy that:24
	164	+	(d) Details the facility's process related to receiving a pregnant25
	165	+	person's patient information from any provider regulated under title 1226
	166	+	who has provided care for the pregnant person; and27
	167	+	1459
	168	+	-5- (e) Establishes a process PROCESSES to transfer and receive1
	169	+	pregnant persons across the facility's levels of care OF LICENSED2
	170	+	FACILITIES within the facility's capacity and capability; AND3
	171	+	(f) E
	172	+	STABLISHES A PROCESS TO RECEIVE INDIVIDUALS WHO ARE4
	173	+	PREGNANT, UNDERGOING PHYSIOLOGIC BIRTH , OR IN THE PHYSIOLOGIC5
	174	+	POSTPARTUM PROCESS FROM LOCATIONS OTHER THAN LICENSED6
	175	+	FACILITIES, INCLUDING A PROCESS TO RECEIVE VERBAL AND WRITTEN7
	176	+	INFORMATION FROM INDIVIDUALS WITH RELEVANT INFORMATION ,8
	177	+	INCLUDING BUT NOT LIMITED TO FAMILY MEMBERS , DOULAS, OR A9
	178	+	HEALTH-CARE PROVIDER REGULATED UNDER TITLE 12.10 SECTION 7. In Colorado Revised Statutes, 26-20-102, amend11
	179	+	(1)(b)(I); and add (1)(a)(VII) as follows:12
	180	+	26-20-102. Definitions. As used in this article 20, unless the13
	181	+	context otherwise requires:14
	182	+	(1) (a) "Agency" means:15
	183	+	(VII) A COUNTY JAIL, AS DESCRIBED IN SECTION 17-26-101, FOR16
	184	+	RESTRAINTS ON A PREGNANT PERSON IN LABOR , DELIVERY, OR17
	185	+	POSTPARTUM RECOVERY .18
	186	+	(b) "Agency" does not include:19
	187	+	(I) The department of corrections or any public or private entity20
	188	+	that has entered into a contract for services with such department, EXCEPT21
	189	+	FOR RESTRAINTS ON A PREGNANT PERSON IN LABOR , DELIVERY, OR22
	190	+	POSTPARTUM RECOVERY ;23
	191	+	SECTION 8. Safety clause. The general assembly finds,24
	192	+	determines, and declares that this act is necessary for the immediate25
	193	+	preservation of the public peace, health, or safety or for appropriations for26
	194	+	1459
	195	+	-6- the support and maintenance of the departments of the state and state1
	196	+	institutions.2
	197	+	1459
	198	+	-7-