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Regular Session, 2012
SENATE BILL NO. 256
BY SENATOR MARTINY
CRIMINAL JUSTICE. Provides relative to the treatment of pregnant offenders in custody.
(8/1/12)
AN ACT1
To enact Part I-D of Chapter 7 of Title 15 of the Louisiana Revised Statutes of 1950,2
comprised of R.S. 15:744 through 744.8, relative to prisoners and correctional3
institutions; to provide relative to the use of restraints on pregnant prisoners; to4
provide relative to medical treatment and monitoring of pregnant prisoners; to5
provide for reporting and record keeping; to provide for definitions; and to provide6
for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. Part I-D of Chapter 7 of Title 15 of the Louisiana Revised Statutes of9
1950, comprised of R.S. 15:744 through 744.8, is hereby enacted to read as follows:10
PART I-D. SAFE PREGNANCY FOR INCARCERATED WOMEN11
§744. Title12
This Part shall be known as the Safe Pregnancy for Incarcerated Women13
Act.14
§744.1. Legislative findings15
A. The legislature hereby finds that restraining a pregnant woman can16
pose undue health risks to both the woman and the fetus.17 SB NO. 256
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B. The vast majority of female prisoners or detainees in Louisiana are1
non-violent offenders.2
C. Restraining pregnant prisoners and detainees increases the potential3
for physical harm from an accidental trip or fall.4
D. Freedom from physical restraints is especially critical during labor,5
delivery, and postpartum recovery after delivery. Women often need to move6
around during labor and recovery, and restraints can further interfere with7
medical staff's ability to appropriately assist in childbirth or to conduct8
emergency procedures.9
E. Public health organizations have expressed opposition to shackling10
pregnant women because of the dangers posed to a woman's health and well-11
being.12
§744.2. Restraint during second and third trimesters13
Whenever a prison has actual or constructive knowledge that a prisoner14
is in the second or third trimester of pregnancy:15
(1) The type of restraint applied and the application of the restraint shall16
be done in the least restrictive manner necessary.17
(2) An electronic restraint belt shall never be used.18
(3) The prisoner shall never be handcuffed behind the back.19
(4) The prisoner shall never be restrained using leg irons.20
(5) The prisoner shall never be placed in a face down position.21
§744.3. Restraint during childbirth22
A. Restraints shall not be used on a pregnant prisoner while she is in23
labor and during delivery unless a member of the medical staff orders24
therapeutic restraints for a prisoner who is a danger to herself, her child,25
unborn child, or other persons due to a psychiatric or medical disorder.26
"Therapeutic restraints" shall not include metal handcuffs or shackles.27
B. No restraints shall be used on a prisoner known to be pregnant28
during any pregnancy-related medical distress, or while she is being transported29 SB NO. 256
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to a medical facility or the Louisiana Correctional Institute for Women (LCIW)1
for delivery or during any pregnancy-related medical distress, or during2
postpartum recovery, unless there are compelling grounds to believe that the3
prisoner presents:4
(1) An immediate and serious threat of physical harm to herself, staff, or5
others.6
(2) A substantial flight risk and the prisoner cannot be reasonably7
contained by other means.8
C. Notwithstanding the provisions of Subsection B:9
(1) If the doctor, nurse, or other health professional treating the prisoner10
requests, based on his or her professional medical judgment, that restraints not11
be used, the prison staff accompanying the prisoner shall immediately remove12
all restraints.13
(2) If restraints are used on the prisoner, the type of restraint applied14
and the application of the restraint shall be done in the least restrictive manner15
necessary.16
(3) Under no circumstances shall waist restraints be used on any prisoner17
during transportation to a medical facility or postpartum recovery.18
§744.4. Monitoring19
Consistent with established policy and practice, it shall be the duty and20
responsibility of the prison to provide adequate personnel to monitor a pregnant21
prisoner during transport to and from a medical facility and during the22
prisoner's stay at the medical facility. Such personnel shall have the ability to23
release any restraint should a release from restraint become medically24
necessary.25
§744.5. Definitions26
For purposes of this Part:27
(1) "Labor" means the period of time before a birth during which28
contractions are of sufficient frequency, intensity and duration to bring about29 SB NO. 256
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effacement and progressive dilation of the cervix. The determination of when1
labor has commenced shall rest solely with the medical providers of the2
prisoner.3
(2) "Postpartum" means the period following delivery before a prisoner4
or detainee has been discharged from a medical facility.5
(3) "Prison" means any state or local jail, prison, or other correctional6
facility that incarcerates or detains juveniles or adults accused of, convicted of,7
sentenced for, or adjudicated delinquent for violations of criminal law.8
(4) "Prisoner" means any person subject to incarceration, detention, or9
admission to any prison who is accused of, convicted of, sentenced for, or10
adjudicated delinquent for a violation of criminal law or the terms or conditions11
of parole, probation, pretrial release, or a diversionary program, and includes12
any person detained under the immigration laws of the United States at any13
correctional facility. A person's status as a "prisoner" is determined as of the14
time the cause of action arises. Subsequent events, including post trial judicial15
action or release from custody, shall not affect such status.16
(5) "Restraint" or "physical restraint" means any physical hold or17
mechanical device used to control the movement of a prisoner's body and limbs,18
including, but not limited to, shackles, flex cuffs, soft restraints, hard metal19
handcuffs, a black box, Chubb cuffs, leg irons, belly chains, a security tether or20
chain, or a convex shield.21
§744.6. Notice22
All prisoners potentially affected by the provisions of this Part shall be23
advised in writing of the requirements of this Part upon admission to the prison24
and when known to be pregnant.25
§744.7. Recordkeeping and retention26
A. The prison authorizing the use of restraints on a pregnant prisoner27
pursuant to this Part shall, within ten days of the use of restraints, make a28
written record of the use of restraints, which record shall include the type of29 SB NO. 256
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restraint used, the circumstances that necessitated the use of restraints, and the1
length of time that restraints were used.2
B. The prison shall retain this written record for a minimum of five years3
and shall make the record available for public inspection with individually4
identifying information redacted from the record unless the prisoner who is the5
subject of the record gives prior written consent for the public release of the6
record. The written record of the use of restraints shall not constitute a medical7
record for purposes of state or federal law.8
§744.8. Return to prison9
After childbirth or any pregnancy-related medical distress and upon10
return to the prison, the prisoner may, upon her request, have a member of the11
prison's medical staff present during any "strip search", "visual body cavity12
search", or "body cavity search" as defined by department rules and13
regulations.14
The original instrument was prepared by Alden A. Clement, Jr. The
following digest, which does not constitute a part of the legislative
instrument, was prepared by Cathy Wells.
DIGEST
Martiny (SB 256)
Proposed law provides that whenever a prison has actual or constructive knowledge that a
prisoner is in the second or third trimester of pregnancy:
1. The type of restraint applied and the application of the restraint must be done in the
least restrictive manner necessary.
2. An electronic restraint belt can never be used.
3. The prisoner can never be handcuffed behind the back.
4. The prisoner can never be restrained using leg irons.
5. The prisoner can never be placed in a face down position.
Proposed law provides that restraints cannot be used on a pregnant prisoner while she is in
labor and during delivery unless a member of the medical staff orders therapeutic restraints
for a prisoner who is a danger to herself, her child, unborn child, or other persons due to a
psychiatric or medical disorder. Proposed law further provides that "therapeutic restraints"
do not include metal handcuffs or shackles.
Proposed law provides that restraints cannot be used on a prisoner known to be pregnant
during any pregnancy-related medical distress, or while she is being transported to a medical SB NO. 256
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facility or the Louisiana Correctional Institute for Women (LCIW) for delivery or during any
pregnancy-related medical distress, or during postpartum recovery, unless there are
compelling grounds to believe that the prisoner presents:
1. An immediate and serious threat of physical harm to herself, staff, or others.
2. A substantial flight risk and the prisoner cannot be reasonably contained by other
means.
Proposed law provides that:
1. If the doctor, nurse, or other health professional treating the prisoner requests, based
on his or her professional medical judgment, that restraints not be used, the prison
staff accompanying the prisoner must immediately remove all restraints.
2. If restraints are used on the prisoner, the type of restraint applied and the application
of the restraint must be done in the least restrictive manner necessary.
3. Under no circumstances can waist restraints be used on any prisoner during
transportation to a medical facility or postpartum recovery.
Proposed law provides that it is the duty and responsibility of the prison to provide adequate
personnel to monitor a pregnant prisoner during transport to and from a medical facility and
during the prisoner's stay at the medical facility, and such personnel are to have the ability
to release any restraint should a release from restraint become medically necessary.
Proposed law provides the following definitions:
1. "Labor" means the period of time before a birth during which contractions are of
sufficient frequency, intensity and duration to bring about effacement and
progressive dilation of the cervix, and the determination of when labor has
commenced rests solely with the medical providers of the prisoner.
2. "Postpartum" means the period following delivery before a prisoner or detainee has
been discharged from a medical facility.
3. "Prison" means any state or local jail, prison, or other correctional facility that
incarcerates or detains juveniles or adults accused of, convicted of, sentenced for, or
adjudicated delinquent for violations of criminal law.
4. "Prisoner" means any person subject to incarceration, detention, or admission to any
prison who is accused of, convicted of, sentenced for, or adjudicated delinquent for
a violation of criminal law or the terms or conditions of parole, probation, pretrial
release, or a diversionary program, and includes any person detained under the
immigration laws of the United States at any correctional facility. Proposed law
further provides that a person's status as a "prisoner" is determined as of the time the
cause of action arises, and subsequent events, including post trial judicial action or
release from custody, do not affect such status.
5. "Restraint" or "physical restraint" means any physical hold or mechanical device
used to control the movement of a prisoner's body and limbs, including, but not
limited to, shackles, flex cuffs, soft restraints, hard metal handcuffs, a black box,
Chubb cuffs, leg irons, belly chains, a security tether or chain, or a convex shield.
Proposed law provides that all prisoners potentially affected by the provisions of proposed
law are to be advised in writing of the requirements of proposed law upon admission to the
prison and when known to be pregnant. SB NO. 256
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words in boldface type and underscored are additions.
Proposed law provides that the prison authorizing the use of restraints on a pregnant prisoner
pursuant to proposed law must, within 10 days of the use of restraints, make a written record
of the use of restraints, which record is to include the type of restraint used, the
circumstances that necessitated the use of restraints, and the length of time that restraints
were used. Proposed law further provides that the prison must retain this written record for
a minimum of five years and make the record available for public inspection with
individually identifying information redacted from the record, unless the prisoner who is the
subject of the record gives prior written consent for the public release of the record.
Proposed law further provides that the written record of the use of restraints does not
constitute a medical record for purposes of state or federal law.
Proposed law further provides that after childbirth or any pregnancy-related medical distress
and upon return to the prison, the prisoner may, upon her request, have a member of the
prison's medical staff present during any "strip search", "visual body cavity search", or "body
cavity search" as defined by department rules and regulations.
Effective August 1, 2012.
(Adds R.S. 15:744-744.8)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary B to the
original bill.
1. Removes provisions requiring prison personnel to be posted immediately
outside of the medical treatment room.
2. Removes provisions authorizing prison personnel to enter the medical
treatment room to perform periodic safety assessments.