HOUSE BILL 24-1459
BY REPRESENTATIVE(S) Herod and Garcia, Amabile, Boesenecker,
Brown, Duran, Epps, Froelich, Hamrick, Jodeh, Kipp, Lindstedt, Mabrey,
Marvin, McCormick, Ortiz, Parenti, Rutinel, Sirota, Story, Valdez, Velasco,
Vigil, Weissman, Young;
also SENATOR(S) Buckner and Gonzales, Bridges, Cutter, Danielson,
Exum, Fields, Ginal, Hinrichsen, Jaquez Lewis, Kolker, Marchman,
Michaelson Jenet, Priola, Rodriguez, Sullivan.
C
ONCERNING PROTECTIONS FOR BIRTHING PERSONS .
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 17-1-113.7, amend (1);
and repeal (2)(a) as follows:
17-1-113.7. Prohibition against the use of restraints on pregnant
inmates in the custody of correctional facilities and private contract
prisons - report - definition. (1) The staff of a correctional facility or
private contract prison, when restraining a female inmate, shall use the least
restrictive restraints necessary to ensure safety if the staff of the correctional
facility or private contract prison have actual knowledge or
a reasonable
belief that the inmate is pregnant. The requirement that staff use the least
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. restrictive restraints necessary to ensure safety shall continue during
postpartum recovery and transport to or from a correctional facility and
private contract prison FOR THE USE OF RESTRAINTS DURING LABOR ,
DELIVERY, AND POSTPARTUM RECOVERY , THE STAFF SHALL COMPLY WITH
THE
"PROTECTION OF INDIVIDUALS FROM RESTRAINT AND SECLUSION ACT",
ARTICLE 20 OF TITLE 26.
(2) (a) (I) Staff of a correctional facility, private contract prison, ormedical facility shall not use restraints of any kind on a pregnant inmate
during labor and delivery of the child; except that staff may use restraints
if:
(A) The medical staff determine that restraints are medically
necessary for safe childbirth;
(B) The prison staff or medical staff determine that the inmate
presents an immediate and serious risk of harm to herself, to other patients,
or to medical staff; or
(C) The warden or his or her designee determines that the inmate
poses a substantial risk of escape that cannot reasonably be reduced by the
use of other existing means.
(II) Notwithstanding any provision of subparagraph (I) of this
paragraph (a) to the contrary, under no circumstances shall staff use leg
shackles or waist restraints on an inmate during labor and delivery of the
child, postpartum recovery while in a medical facility, or transport to or
from a medical facility for childbirth.
SECTION 2. In Colorado Revised Statutes, 17-26-104.7, amend
(1); and repeal (2)(a) as follows:
17-26-104.7. Prohibition against the use of restraints on
pregnant persons in custody - definition. (1) The staff of a county jail,
in restraining a woman who is committed, detained, or confined to the
county jail, shall use the least restrictive restraints necessary to ensure safety
if the staff of the county jail have actual knowledge or
a reasonable belief
that the woman is pregnant. The requirement that staff use the least
restrictive restraints necessary to ensure safety shall continue during
postpartum recovery and transport to or from the county jail FOR THE USE
PAGE 2-HOUSE BILL 24-1459 OF RESTRAINTS DURING LABOR , DELIVERY, AND POSTPARTUM RECOVERY ,
THE STAFF SHALL COMPLY WITH THE "PROTECTION OF INDIVIDUALS FROM
RESTRAINT AND SECLUSION ACT", ARTICLE 20 OF TITLE 26.
(2) (a) (I) The county jail staff or medical facility staff shall not use
restraints of any kind on the woman during labor and delivery of the child;
except that staff may use restraints if:
(A) The medical staff determine that restraints are medically
necessary for safe childbirth;
(B) The county jail staff or medical staff determine that the woman
presents an immediate and serious risk of harm to herself, to other patients,
or to medical staff; or
(C) The sheriff or his or her designee determines that the woman
poses a substantial risk of escape that cannot reasonably be reduced by the
use of other existing means.
(II) Notwithstanding any provision of subparagraph (I) of this
paragraph (a) to the contrary, under no circumstances shall staff use leg
shackles or waist restraints on a woman during labor and delivery of the
child, postpartum recovery while in a medical facility, or transport to or
from a medical facility for childbirth.
SECTION 3. In Colorado Revised Statutes, 17-1-114.5, add
(1)(f.5) as follows:
17-1-114.5. Incarceration of a person in custody with the
capacity for pregnancy - report. (1) A correctional facility or private
contract prison incarcerating a person who is capable of pregnancy shall:
(f.5) D
EVELOP ADMINISTRATIVE POLICIES, INCLUDING A SYSTEM FOR
HUMAN MILK STORAGE
, TO ENSURE A NEWBORN CAN RECEIVE THE HUMAN
MILK THAT THE NEWBORN
'S POSTPARTUM PARENT HAS PUMPED FOR THE
NEWBORN
'S NOURISHMENT;
SECTION 4. In Colorado Revised Statutes, 17-26-104.4, add
(1)(g.5) as follows:
PAGE 3-HOUSE BILL 24-1459 17-26-104.4. Incarceration of a person with the capacity for
pregnancy - report - definition. (1) A facility incarcerating a person who
is capable of pregnancy, whether operated by a governmental entity or a
private contractor, shall:
(g.5) D
EVELOP ADMINISTRATIVE POLICIES, INCLUDING A SYSTEM FOR
HUMAN MILK STORAGE
, TO ENSURE A NEWBORN CAN RECEIVE THE HUMAN
MILK THAT THE NEWBORN
'S POSTPARTUM PARENT HAS PUMPED FOR THE
NEWBORN
'S NOURISHMENT;
SECTION 5. In Colorado Revised Statutes, 26-1-136.8, add
(1)(f.5) as follows:
26-1-136.8. Custody of a person with the capacity for pregnancy.
(1) A state department facility that has in its custody a person who is
capable of pregnancy shall:
(f.5) D
EVELOP ADMINISTRATIVE POLICIES, INCLUDING A SYSTEM FOR
HUMAN MILK STORAGE
, TO ENSURE A NEWBORN CAN RECEIVE THE HUMAN
MILK THAT THE NEWBORN
'S POSTPARTUM PARENT HAS PUMPED FOR THE
NEWBORN
'S NOURISHMENT;
SECTION 6. In Colorado Revised Statutes, 25-3-126, amend
(1)(d) and (1)(e); and add (1)(f) as follows:
25-3-126. Health facilities - requirements related to labor and
childbirth - rules - definitions. (1) Except as provided in subsection (2)
of this section, on and after January 1, 2022, a health facility that provides
services related to labor and childbirth shall demonstrate to the department,
in the form and manner determined by the department by rule, that the
health facility has a policy that:
(d) Details the facility's process related to receiving a pregnant
person's patient information from any provider regulated under title 12 who
has provided care for the pregnant person; and
(e) Establishes a process PROCESSES to transfer and receive pregnant
persons across the facility's levels of care OF LICENSED FACILITIES within the
facility's capacity and capability;
AND
PAGE 4-HOUSE BILL 24-1459 (f) ESTABLISHES A PROCESS TO RECEIVE INDIVIDUALS WHO ARE
PREGNANT
, UNDERGOING PHYSIOLOGIC BIRTH , OR IN THE PHYSIOLOGIC
POSTPARTUM PROCESS FROM LOCATIONS OTHER THAN LICENSED FACILITIES
,
INCLUDING A PROCESS TO RECEIVE VERBAL AND WRITTEN INFORMATION
FROM INDIVIDUALS WITH RELEVANT INFORMATION
, INCLUDING BUT NOT
LIMITED TO FAMILY MEMBERS
, DOULAS, OR A HEALTH-CARE PROVIDER
REGULATED UNDER TITLE
12.
SECTION 7. In Colorado Revised Statutes, 26-20-102, amend
(1)(b)(I); and add (1)(a)(VII) as follows:
26-20-102. Definitions. As used in this article 20, unless the context
otherwise requires:
(1) (a) "Agency" means:
(VII) A
COUNTY JAIL, AS DESCRIBED IN SECTION 17-26-101, FOR
RESTRAINTS ON A PREGNANT PERSON IN LABOR
, DELIVERY, OR POSTPARTUM
RECOVERY
.
(b) "Agency" does not include:
(I) The department of corrections or any public or private entity that
has entered into a contract for services with such department,
EXCEPT FOR
RESTRAINTS ON A PREGNANT PERSON IN LABOR
, DELIVERY, OR POSTPARTUM
RECOVERY
;
SECTION 8. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety or for appropriations for
PAGE 5-HOUSE BILL 24-1459 the support and maintenance of the departments of the state and state
institutions.
____________________________ ____________________________
Julie McCluskie Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 6-HOUSE BILL 24-1459