| 13 | | - | (c) The York Correctional Institution shall provide each inmate who is pregnant with: (1) Counseling and written material, in a form that may be reasonably understood, concerning (A) the inmate's options with regard to her pregnancy, (B) prenatal nutrition, (C) maintaining a healthy pregnancy, (D) labor and delivery, (E) the postpartum period, (F) the institution's policies and practices regarding the care of an inmate during pregnancy, labor and delivery and the postpartum period, and (G) restrictions on the use of restraints on pregnant inmates, (2) medical care at the correctional institution, which shall include, but not be limited to: (A) Periodic health monitoring and evaluation during pregnancy, and (B) prenatal vitamins or supplements, as deemed necessary by a licensed health care provider, (3) a diet containing the nutrients necessary to maintain a healthy pregnancy, as determined by a licensed health care provider trained in prenatal care, (4) the clothing, undergarments and sanitary materials deemed appropriate by a licensed health care provider who has been trained in prenatal and postpartum medical care, (5) the opportunity for a minimum of one hour of ambulatory movement every day, and (6) access to treatment for postpartum depression by a qualified mental health professional, provided such treatment is deemed necessary by a licensed health care provider who has been trained in postpartum medical care. If a departmental or contracted licensed health care provider in prenatal medical care, or any other health care professional who evaluates or treats an inmate who is pregnant, determines that the inmate's pregnancy is high risk or involves any other medical complication for either the inmate or the baby, such inmate shall be immediately transferred to the medical infirmary setting or any hospital deemed appropriate, as determined by such health care provider or professional. The written material provided to an inmate pursuant to subdivision (1) of this subsection shall be known as the "Pregnant Woman's Guide". |
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| 20 | + | (c) The York Correctional Institution shall provide each inmate who is pregnant with: (1) Counseling and written material, in a form that may be reasonably understood, concerning (A) the inmate's options with regard to her pregnancy, (B) prenatal nutrition, (C) maintaining a healthy pregnancy, (D) labor and delivery, (E) the postpartum period, and (F) the institution's policies and practices regarding the care of an inmate who is pregnant throughout her pregnancy, during labor and delivery and during the postpartum period, (2) medical care at the correctional facility, which shall include, but not be limited to: (A) Periodic health monitoring and evaluation during pregnancy, and (B) prenatal vitamins or supplements, as deemed necessary by a licensed health care provider, (3) a diet containing the nutrients necessary to maintain a healthy pregnancy, as determined by a licensed health care provider trained in prenatal care, (4) the clothing, undergarments and sanitary materials deemed appropriate by a licensed health care provider who has been trained in prenatal and postpartum medical care, (5) the opportunity for a minimum of one hour of ambulatory movement every day, and (6) access to treatment for postpartum depression by a qualified mental health professional, provided such treatment is deemed necessary by a licensed health care provider who has been trained in postpartum medical care. If a departmental or contracted licensed health care provider in prenatal medical care, or any other health care professional who evaluates or treats an inmate who is pregnant, determines that the inmate's pregnancy is high risk or involves any other medical complication for either the inmate or the baby, such inmate shall be immediately transferred to the medical infirmary setting or any hospital deemed appropriate, as determined by such health care provider or professional. |
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| 15 | | - | (d) Except as provided in this subsection, correctional staff of the York Correctional Institution shall not use any leg or waist restraint on any inmate of the institution who is known to be pregnant or in the postpartum period. An inmate known to be pregnant may only be restrained using handcuffs that are placed on the wrists held in front of the inmate's body, except an inmate may be placed in wrist, leg or waist restraints if (1) there are compelling grounds to believe that an inmate presents (A) an immediate and serious threat of harm to herself, staff and others, or (B) a substantial flight risk and cannot be reasonably contained by other means, and (2) use of such restraints is approved by the unit administrator of the institution, or his or her designee, except under exigent circumstances. Such restraints shall be the least restrictive kind of restraints considering the circumstances. Correctional staff shall document, in writing, the reasons for such determination, the kind of restraints used and the reasons staff considered such restraints to be the least restrictive kind available and the most reasonable means of preventing harm or escape. The correctional staff of the York Correctional Institution shall ensure that any inmate, who is determined to be in the second or third trimester of a pregnancy by a licensed health care provider, is transported to and from visits to health care providers and court proceedings in a vehicle with seatbelts. If an attending physician or advanced practice registered nurse requests that the inmate's restraints be removed for medical reasons, correctional staff shall immediately remove the restraints. Nothing in this subsection shall prohibit the use of medical restraints by a licensed health care provider to ensure the medical safety of the inmate. As used in this subsection and subsection (e) of this section, "restraints" means metal handcuffs, metal leg restraints and waist and tether chains. |
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| 22 | + | (d) Except as provided in this subsection, correctional staff of the York Correctional Institution shall not use any leg or waist restraint on any inmate of the institution who has been determined to be pregnant or in the postpartum period by a licensed health care provider. The correctional staff of the York Correctional Institution shall ensure that any inmate, who is determined to be in the second or third trimester of a pregnancy by a licensed health care provider, is transported to and from visits to health care providers and court proceedings in a vehicle with seatbelts. A pregnant inmate may only be restrained using handcuffs that are placed on the wrists held in front of the inmate's body unless there are compelling grounds to believe that an inmate presents (1) an immediate and serious threat of harm to herself, staff and others; or (2) a substantial flight risk and cannot be reasonably contained by other means, in which case an inmate may be placed in wrist, leg or waist restraints. Such restraints shall be the least restrictive kind of restraints considering the circumstances. Correctional staff shall document, in writing, the reasons for such determination, the kind of restraints used and the reasons staff considered such restraints to be the least restrictive kind available and the most reasonable means of preventing harm or escape. If an attending physician or advanced practice registered nurse requests that the inmate's restraints be removed for medical reasons, correctional staff shall immediately remove the restraints. Nothing in this subsection shall prohibit the use of medical restraints by a licensed health care provider to ensure the medical safety of the inmate. As used in subsections (d) and (e) of this section, "restraints" means metal handcuffs, metal leg restraints and waist and tether chains. |
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| 23 | | - | Sec. 2. (NEW) (Effective October 1, 2018) (a) The Department of Correction shall establish prenatal, labor, and postpartum services and supports for women incarcerated at the York Correctional Institution. Such services and supports shall include, but need not be limited to, a lactation policy that provides inmate mothers the opportunity to pump and store breast milk for their babies. |
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| 30 | + | Sec. 2. (NEW) (Effective October 1, 2018) (a) The Department of Correction shall establish prenatal, labor, and postpartum services and supports for women incarcerated at the York Correctional Institution. Such services and supports shall include, but need not be limited to, a lactation policy that provides inmate mothers the opportunity to pump and store breast milk for their babies and a neonatal intensive care unit visiting policy that makes reasonably regular visits available to inmate mothers whose babies require specialized care after birth. |
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| 24 | 31 | | |
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| 25 | 32 | | (b) The Department of Correction shall establish and make available to women incarcerated at the York Correctional Institution parenting support literature, including information on child custody processes, child support and family reunification resources. |
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| 26 | 33 | | |
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| 27 | 34 | | Sec. 3. (NEW) (Effective October 1, 2018) Correctional staff at York Correctional Institution shall, upon request, provide an inmate at the institution with feminine hygiene products as soon as practicable. Correctional staff shall provide such feminine hygiene products for free and in a quantity that is appropriate to the health care needs of the inmate. For purposes of this section, "feminine hygiene products" means tampons and sanitary napkins. |
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| 28 | 35 | | |
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| 29 | 36 | | Sec. 4. (NEW) (Effective October 1, 2018) The Commissioner of Correction shall establish visitation policies for any inmate who is a parent to a child under the age of eighteen. Such policies shall include, but need not be limited to, rules regarding: (1) Physical contact, (2) convenience and frequency of visits, and (3) access to child-friendly visiting areas. |
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| 30 | 37 | | |
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| 31 | 38 | | Sec. 5. (NEW) (Effective October 1, 2018) All inmates shall be permitted to shower, perform bodily functions and change clothes without nonmedical staff of the opposite gender viewing their breasts, buttocks or genitalia, except in exigent circumstances or when such viewing is incidental to a routine cell check. Staff of the opposite gender shall announce their presence when entering an inmate housing unit when no other staff of the opposite gender is present. |
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| 32 | 39 | | |
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| 33 | 40 | | Sec. 6. Section 18-81z of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018): |
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| 34 | 41 | | |
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| 35 | 42 | | The Department of Correction, the Board of Pardons and Paroles and the Court Support Services Division of the Judicial Branch shall develop a risk assessment strategy for offenders committed to the custody of the Commissioner of Correction that will (1) utilize a risk assessment tool that accurately rates an offender's likelihood to recidivate upon release from custody, and (2) identify the support programs that will best position the offender for successful reentry into the community. Such strategy shall incorporate use of both static and dynamic factors and utilize a gender-responsive approach that recognizes the unique risks and needs of female offenders. In the development of such risk assessment strategy, the department, board and division may partner with an educational institution [in this state] that has expertise in criminal justice and psychiatry to evaluate risk assessment tools and customize a risk assessment tool to best meet the state's needs. On or before January 1, 2009, and annually thereafter, the department, board and division shall report to the Governor and the joint standing committee of the General Assembly on judiciary, in accordance with section 11-4a, on the development, implementation and effectiveness of such strategy. |
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| 36 | 43 | | |
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| 37 | 44 | | Sec. 7. Subsection (b) of section 18-96a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018): |
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| 38 | 45 | | |
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| 39 | | - | (b) (1) The Department of Correction, [shall, within available appropriations,] in consultation with the Department of Mental Health and Addiction Services, may develop a program for custodial staff members to receive not less than four hours and not more than eight hours of training on mental health issues each year. [Such training shall consist of classroom instruction and written materials provided by a qualified mental health professional in conjunction with a training academy accredited by the American Correctional Association, and] Within available appropriations, such training shall include, at a minimum: (A) Prevention of suicide and self-injury; (B) recognition of signs of mental illness; (C) communication skills for interacting with inmates with mental illness; and (D) alternatives to disciplinary action and the use of force when dealing with inmates with mental illness. Such program shall be offered: (i) Commencing on July 1, 2009, to all custodial staff members at one or more correctional facilities designated by the Commissioner of Correction; (ii) on and after July 1, 2010, to all custodial staff members at one or more additional correctional facilities designated by the commissioner; and (iii) on and after July 1, 2011, to all custodial staff members at one or more additional correctional facilities designated by the commissioner. [Such program shall terminate on July 1, 2012.] |
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| 46 | + | (b) (1) The Department of Correction [shall, within available appropriations,] may develop a program for custodial staff members to receive not less than four hours and not more than eight hours of training on mental health issues each year. [Such training shall consist of classroom instruction and written materials provided by a qualified mental health professional in conjunction with a training academy accredited by the American Correctional Association, and] Within available appropriations, such training shall include, at a minimum: (A) Prevention of suicide and self-injury; (B) recognition of signs of mental illness; (C) communication skills for interacting with inmates with mental illness; and (D) alternatives to disciplinary action and the use of force when dealing with inmates with mental illness. Such program shall be offered: (i) Commencing on July 1, 2009, to all custodial staff members at one or more correctional facilities designated by the Commissioner of Correction; (ii) on and after July 1, 2010, to all custodial staff members at one or more additional correctional facilities designated by the commissioner; and (iii) on and after July 1, 2011, to all custodial staff members at one or more additional correctional facilities designated by the commissioner. [Such program shall terminate on July 1, 2012.] |
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| 43 | | - | Sec. 8. (NEW) (Effective July 1, 2018) Any inmate of a correctional institution, as described in section 18-78 of the general statutes, who has a gender identity that differs from the inmate's assigned sex at birth and has a diagnosis of gender dysphoria, as set forth in the most recent edition of the American Psychiatric Association's "Diagnostic and Statistical Manual of Mental Disorders", shall: (1) Be addressed by correctional staff in a manner that is consistent with the inmate's gender identity, (2) have access to commissary items, clothing, personal property, programming and educational materials that are consistent with the inmate's gender identity, and (3) have the right to be searched by a correctional staff member of the same gender identity, unless the inmate requests otherwise or under exigent circumstances. An inmate who has a birth certificate, passport or driver's license that reflects his or her gender identity or who can meet established standards for obtaining such a document to confirm the inmate's gender identity shall presumptively be placed in a correctional institution with inmates of the gender consistent with the inmate's gender identity. Such presumptive placement may be overcome by a demonstration by the Commissioner of Correction, or the commissioner's designee, that the placement would present significant safety, management or security problems. In making determinations pursuant to this section, the inmate's views with respect to his or her safety shall be given serious consideration by the Commissioner of Correction, or the commissioner's designee. |
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| 50 | + | Sec. 8. (NEW) (Effective July 1, 2018) On or before October 1, 2018, the Department of Correction shall develop and implement a policy regarding the safety and protection of transgender inmates. Such policy shall comply with the federal Prison Rape Elimination Act of 2003, 34 USC 30301, et seq., as amended from time to time. |
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| 45 | | - | Sec. 9. (Effective from passage) On or before October 1, 2019, the Commissioner of Correction, or the commissioner's designee, shall report in accordance with the provisions of section 11-4a of the general statutes to the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary on instances during the period of time from July 1, 2018, to June 30, 2019, in which (1) more than one type of restraint, as described in subsection (d) of section 1 of this act, was simultaneously used on a pregnant inmate, (2) an inmate incarcerated in a correctional institution has given birth outside of a traditional hospital setting, and (3) a pregnant inmate was held in administrative segregation. |
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| 52 | + | |
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| 53 | + | |
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| 54 | + | |
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| 55 | + | This act shall take effect as follows and shall amend the following sections: |
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| 56 | + | Section 1 October 1, 2018 New section |
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| 57 | + | Sec. 2 October 1, 2018 New section |
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| 58 | + | Sec. 3 October 1, 2018 New section |
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| 59 | + | Sec. 4 October 1, 2018 New section |
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| 60 | + | Sec. 5 October 1, 2018 New section |
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| 61 | + | Sec. 6 October 1, 2018 18-81z |
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| 62 | + | Sec. 7 October 1, 2018 18-96a(b) |
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| 63 | + | Sec. 8 July 1, 2018 New section |
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| 64 | + | |
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| 65 | + | This act shall take effect as follows and shall amend the following sections: |
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| 66 | + | |
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| 67 | + | Section 1 |
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| 68 | + | |
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| 69 | + | October 1, 2018 |
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| 70 | + | |
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| 71 | + | New section |
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| 72 | + | |
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| 73 | + | Sec. 2 |
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| 74 | + | |
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| 75 | + | October 1, 2018 |
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| 76 | + | |
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| 77 | + | New section |
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| 78 | + | |
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| 79 | + | Sec. 3 |
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| 80 | + | |
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| 81 | + | October 1, 2018 |
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| 82 | + | |
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| 83 | + | New section |
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| 84 | + | |
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| 85 | + | Sec. 4 |
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| 86 | + | |
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| 87 | + | October 1, 2018 |
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| 88 | + | |
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| 89 | + | New section |
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| 90 | + | |
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| 91 | + | Sec. 5 |
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| 92 | + | |
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| 93 | + | October 1, 2018 |
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| 94 | + | |
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| 95 | + | New section |
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| 96 | + | |
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| 97 | + | Sec. 6 |
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| 98 | + | |
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| 99 | + | October 1, 2018 |
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| 100 | + | |
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| 101 | + | 18-81z |
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| 102 | + | |
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| 103 | + | Sec. 7 |
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| 104 | + | |
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| 105 | + | October 1, 2018 |
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| 106 | + | |
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| 107 | + | 18-96a(b) |
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| 108 | + | |
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| 109 | + | Sec. 8 |
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| 110 | + | |
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| 111 | + | July 1, 2018 |
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| 112 | + | |
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| 113 | + | New section |
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| 114 | + | |
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| 115 | + | Statement of Legislative Commissioners: |
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| 116 | + | |
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| 117 | + | In Section 1(a), "licensed departmental or contracted health care provider" was changed to " departmental or contracted, licensed health care provider" for consistency with other provisions of the bill. In Section 8, the effective date has been changed from "October 1, 2018" to "July 1, 2018" to permit development and implementation of the policy described in said section, and "2108" was changed to "2018" for accuracy. |
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| 118 | + | |
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| 119 | + | |
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| 120 | + | |
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| 121 | + | JUD Joint Favorable Subst. |
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| 122 | + | |
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| 123 | + | JUD |
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| 124 | + | |
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| 125 | + | Joint Favorable Subst. |
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