House
File
173
-
Introduced
HOUSE
FILE
173
BY
SCHULTE
A
BILL
FOR
An
Act
restricting
the
use
of
restraints
on
a
pregnant
prisoner
1
in
labor.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
2197YH
(2)
84
jm/nh
H.F.
173
Section
1.
NEW
SECTION
.
904.321
Pregnant
inmate
——
1
restraints.
2
1.
As
used
in
this
section
unless
the
context
otherwise
3
requires:
4
a.
“Department”
means
the
department
of
corrections,
a
5
municipal
or
county
jail,
a
secure
facility
for
the
detention
6
and
custody
of
juveniles,
or
a
judicial
district
department
of
7
correctional
services.
8
b.
“Director”
means
the
director
of
the
department
of
9
corrections
or
a
judicial
district
department
of
correctional
10
services,
a
county
sheriff,
the
officer
in
charge
of
a
11
municipal
jail,
or
the
superintendent
of
a
secure
facility
for
12
the
detention
and
custody
of
juveniles.
13
2.
a.
The
department
shall
not
use
restraints
to
control
14
the
movement
of
a
pregnant
inmate
at
any
time
while
the
inmate
15
is
in
labor,
delivery,
or
recovering
from
delivery,
unless
16
the
director
or
the
director’s
designee
determines
the
use
17
of
restraints
is
necessary
under
either
of
the
following
18
circumstances:
19
(1)
The
safety
of
the
inmate,
infant,
department
personnel,
20
medical
personnel,
or
a
member
of
the
public
is
at
risk.
21
(2)
The
inmate
is
a
substantial
risk
to
escape.
22
b.
If
a
determination
is
made
to
use
restraints
under
23
paragraph
“a”
,
the
type
of
restraint
used
shall
be
the
least
24
restrictive
restraint
used
by
the
department.
25
EXPLANATION
26
This
bill
relates
to
the
use
of
restraints
on
a
pregnant
27
inmate.
28
The
bill
prohibits
the
department
of
corrections,
a
29
municipal
or
county
jail,
a
secure
facility
for
the
detention
30
and
custody
of
juveniles,
or
a
judicial
district
department
31
of
correctional
services
from
using
restraints
to
control
the
32
movement
of
a
pregnant
inmate
at
any
time
while
the
inmate
is
33
in
labor,
delivery,
or
recovering
from
delivery.
34
The
bill
permits
the
director
of
the
facility
or
the
35
-1-
LSB
2197YH
(2)
84
jm/nh
1/
2
H.F.
173
director’s
designee
to
order
the
use
of
restraints
on
a
1
pregnant
inmate
in
labor
if
the
director
or
director’s
2
designee
determines
there
is
a
safety
issue
or
the
inmate
is
a
3
substantial
risk
to
escape.
If
a
determination
is
made
to
use
4
restraints
on
a
pregnant
inmate,
the
bill
requires
the
facility
5
to
use
the
least
restrictive
restraint.
6
The
bill
defines
“director”
to
mean
the
director
of
the
7
department
of
corrections
or
a
judicial
district
department
of
8
correctional
services,
a
county
sheriff,
the
officer
in
charge
9
of
a
municipal
jail,
or
the
superintendent
of
a
secure
facility
10
for
the
detention
and
custody
of
juveniles.
11
-2-
LSB
2197YH
(2)
84
jm/nh
2/
2