SENATE FILE 101

BY  JOCHUM

A BILL FOR

An Act prohibiting the use of restraints on a pregnant inmate in labor.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  NEW SECTION.  904.321  Pregnant inmate —— restraints.
   1.  As used in this section unless the context otherwise requires:
   a.  “Department” means the department of corrections, a municipal or county jail, a secure facility for the detention and custody of juveniles, or a judicial district department of correctional services.
   b.  “Director” means the director of the department of corrections or a judicial district department of correctional services, a county sheriff, the officer in charge of a municipal jail, or the superintendent of a secure facility for the detention and custody of juveniles.
   2.
  a.  The department shall not use restraints to control the movement of a pregnant inmate at any time while the inmate is in labor, delivery, or recovering from delivery, unless the director or the director’s designee determines the use of restraints is necessary under either of the following circumstances:
   (1)  The safety of the inmate, infant, department personnel, medical personnel, or a member of the public is at risk.
   (2)  The inmate is a substantial risk to escape.
   b.  If a determination is made to use restraints under paragraph “a”, the type of restraint used shall be the least restrictive restraint used by the department.
EXPLANATION
   This bill relates to the use of restraints on a pregnant inmate.
   The bill prohibits the department of corrections, a municipal or county jail, a secure facility for the detention and custody of juveniles, or a judicial district department of correctional services from using restraints to control the movement of a pregnant inmate at any time while the inmate is in labor, delivery, or recovering from delivery.
   The bill permits the director of the facility or the director’s designee to order the use of restraints on a pregnant inmate in labor if the director or director’s designee determines there is a safety issue or the inmate is a substantial risk to escape. If a determination is made to use restraints on a pregnant inmate, the bill requires the facility to use the least restrictive restraint.
   The bill defines “director” to mean the director of the department of corrections or a judicial district department of correctional services, a county sheriff, the officer in charge of a municipal jail, or the superintendent of a secure facility for the detention and custody of juveniles.