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Regular Session, 2012 ENROLLED
SENATE BILL NO. 256
BY SENATOR MARTINY
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
B. The vast majority of female prisoners or detainees in Louisiana are18
non-violent offenders.19
C. Restraining pregnant prisoners and detainees increases the potential20
for physical harm from an accidental trip or fall.21
D. Freedom from physical restraints is especially critical during labor,22
delivery, and postpartum recovery after delivery. Women often need to move23
around during labor and recovery, and restraints can further interfere with24
medical staff's ability to appropriately assist in childbirth or to conduct25
emergency procedures.26
E. Public health organizations have expressed opposition to shackling27
ACT No. 761 SB NO. 256 ENROLLED
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pregnant women because of the dangers posed to a woman's health and well-1
being.2
§744.2. Restraint during second and third trimesters3
Whenever a prison operator or employee has actual or constructive4
knowledge that a prisoner is in the second or third trimester of pregnancy the5
prison operator shall ensure all of the following:6
(1) The type of restraint applied and the application of the restraint shall7
be done in the least restrictive manner necessary.8
(2) An electronic restraint belt shall never be used on the prisoner.9
(3) The prisoner shall never be handcuffed behind the back.10
(4) The prisoner shall never be restrained using leg irons.11
(5) The prisoner shall never be placed in a face down position.12
§744.3. Restraint during childbirth13
A. Restraints shall not be used on a pregnant prisoner while she is in14
labor and during delivery unless a member of the medical staff orders15
therapeutic restraints for a prisoner who, due to a psychiatric or medical16
disorder, is a danger to herself, her child, her unborn child, or other persons.17
For purposes of this Section, "therapeutic restraints" shall not include metal18
handcuffs or shackles.19
B. No restraints shall be used on a prisoner known to be pregnant20
during any pregnancy-related medical distress, or while she is being transported21
to a medical facility or the Louisiana Correctional Institute for Women for22
delivery or any pregnancy-related medical distress, or during postpartum23
recovery, unless there are compelling grounds to believe that the prisoner24
presents either of the following:25
(1) An immediate and serious threat of physical harm to herself, staff, or26
others.27
(2) A substantial flight risk and the prisoner cannot be reasonably28
contained by other means.29
C. Notwithstanding the provisions of Subsection B of this Section:30 SB NO. 256 ENROLLED
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(1) If the doctor, nurse, or other health professional treating the prisoner1
requests, based on his or her professional medical judgment, that restraints not2
be used, the prison staff accompanying the prisoner shall immediately remove3
all restraints.4
(2) If restraints are used on the prisoner, the type of restraint applied5
and the application of the restraint shall be done in the least restrictive manner6
necessary.7
(3) Under no circumstances shall waist restraints be used on any prisoner8
during transportation to a medical facility or postpartum recovery.9
§744.4. Monitoring10
Consistent with established policy and practice, it shall be the duty and11
responsibility of the prison operator to provide adequate personnel to monitor12
a pregnant prisoner during transport to and from a medical facility and during13
the prisoner's stay at the medical facility. Such personnel shall have the ability14
to release any restraint should a release from restraint become medically15
necessary.16
§744.5. Definitions17
For purposes of this Part:18
(1) "Labor" means the period of time before a birth during which19
contractions are of sufficient frequency, intensity and duration to bring about20
effacement and progressive dilation of the cervix. The determination of when21
labor has commenced shall rest solely with the medical providers of the22
prisoner.23
(2) "Postpartum" means the period following delivery before a prisoner24
or detainee has been discharged from a medical facility.25
(3) "Prison" means any state or local jail, prison, or other correctional26
facility that incarcerates or detains juveniles or adults accused of, convicted of,27
sentenced for, or adjudicated delinquent for violations of criminal law.28
(4) "Prison operator" means the warden, the parish sheriff, the29
governing authority of those parishes in which the governing authority operates30 SB NO. 256 ENROLLED
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the parish jail, or the private entity which operates the facility in which the1
prisoner is housed.2
(5) "Prisoner" means any person subject to incarceration, detention, or3
admission to any prison who is accused of, convicted of, sentenced for, or4
adjudicated delinquent for a violation of criminal law or the terms or conditions5
of parole, probation, pretrial release, or a diversionary program, and includes6
any person detained under the immigration laws of the United States at any7
correctional facility. A person's status as a "prisoner" is determined as of the8
time the cause of action arises. Subsequent events, including post trial judicial9
action or release from custody, shall not affect such status.10
(6) "Restraint" or "physical restraint" means any physical hold or11
mechanical device used to control the movement of a prisoner's body and limbs,12
including, but not limited to, shackles, flex cuffs, soft restraints, hard metal13
handcuffs, a black box, Chubb cuffs, leg irons, belly chains, a security tether or14
chain, or a convex shield.15
§744.6. Notice16
All prisoners potentially affected by the provisions of this Part shall be17
advised in writing of the requirements of this Part upon admission to the prison18
and when known to be pregnant.19
§744.7. Recordkeeping and retention20
A. The prison operator authorizing the use of restraints on a pregnant21
prisoner pursuant to this Part shall, within ten days of the use of restraints,22
make a written record of the use of restraints, which record shall include the23
type of restraint used, the circumstances that necessitated the use of restraints,24
and the length of time that restraints were used.25
B. The prison operator shall retain this written record for a minimum26
of five years and shall make the record available for public inspection with27
individually identifying information redacted from the record unless the28
prisoner who is the subject of the record gives prior written consent for the29
public release of the record. The written record of the use of restraints shall not30 SB NO. 256 ENROLLED
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constitute a medical record for purposes of state or federal law.1
§744.8. Return to prison2
After childbirth or any pregnancy-related medical distress and upon3
return to the prison, the prisoner may, upon her request, have a member of the4
prison's medical staff present during any "strip search", "visual body cavity5
search", or "body cavity search" as defined by department rules and6
regulations.7
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: