New Hampshire Senate Bill SB393

New Hampshire 2022 Regular Session

• Introduced: 12/23/21
• Refer: 12/23/21
• Report Pass: 1/27/22
• Engrossed: 3/23/22
• Refer: 3/23/22
• Report Pass: 4/19/22
• Enrolled: 6/7/22
• Chaptered: 6/22/22
• Passed: 6/22/22

Caption

Relative to the use of restraints on pregnant women in the custody of a state or county correctional facility.

Impact

The proposed legislation would significantly alter current practices regarding the handling of pregnant women in correctional settings. It prohibits the use of belly chains, leg restraints, or ankle restraints under any circumstances during pregnancy. During transport, restraints will only be used if a medical professional identifies an imminent threat to the health of the mother or unborn child, making it a measure that prioritizes health and safety over strict security protocols. This change reflects a growing awareness of the unique needs and rights of pregnant inmates, aiming to reduce the trauma associated with their treatment in custody.

Summary

SB393 aims to regulate the use of restraints on pregnant women in the custody of county and state correctional facilities. The bill establishes strict guidelines that allow restraints to be utilized only in 'absolute necessity' scenarios, where there is imminent risk of escape or harm to the pregnant individual or others. Furthermore, it mandates certain protocols and documentation processes surrounding the use of restraints to ensure the safety and comfort of the pregnant inmates during labor, delivery, and postpartum recovery periods.

Contention

While proponents of SB393 argue that it improves the treatment of pregnant individuals in correctional facilities by prioritizing their health and rights, opposition may arise concerning safety concerns. Critics may contend that the constraints on the use of restraints might compromise facility security or indicate a lack of awareness regarding potential risks posed by certain inmates. The bill also necessitates organizational adjustments within correctional facilities, which could be met with resistance from those concerned about additional training and resource allocation required for compliance.