House Study Bill 95 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON HUMAN RESOURCES BILL BY CHAIRPERSON MILLER) A BILL FOR An Act relating to the use of restraints against a pregnant 1 inmate or detainee and including effective date provisions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1643YC (3) 85 jm/nh

H.F. _____ Section 1. LEGISLATIVE FINDINGS. The general assembly 1 finds all of the following: 2 1. Restraining a pregnant woman can pose undue health risks 3 to the woman and her pregnancy. 4 2. The vast majority of female inmates or detainees in this 5 state are nonviolent offenders. 6 3. Restraining pregnant prison inmates increases the 7 potential for physical harm from an accidental trip or fall. 8 4. Freedom from physical restraints is especially critical 9 during labor, delivery, and postpartum recovery after delivery, 10 because a woman often needs to move around during labor and 11 recovery. 12 5. Restraints on a pregnant woman can interfere with the 13 ability of medical staff to appropriately assist in childbirth 14 or to conduct sudden emergency procedures. 15 Sec. 2. NEW SECTION . 904.1001 Definitions. 16 As used in this division, unless the context otherwise 17 requires: 18 1. “Correctional institution” means any state correctional 19 institution under this chapter, county jail or municipal 20 holding facility under chapter 356, county detention facility 21 under chapter 356A, or other detention facility that is used to 22 detain or restrain a person, including a juvenile, under the 23 laws of this state or the United States. 24 2. “Corrections officer” means the official who is 25 responsible for oversight of a correctional institution or the 26 official’s designee. 27 3. “Detainee” means any adult or juvenile person detained or 28 restrained under the immigration laws of the United States at 29 any correctional institution. 30 4. “Inmate” means any adult or juvenile person incarcerated 31 or detained in a correctional institution who is accused 32 of, convicted or adjudicated guilty of, or sentenced for, a 33 criminal or immigration law violation including persons on 34 probation, parole, or pretrial release, or in any diversionary 35 -1- LSB 1643YC (3) 85 jm/nh 1/ 6

H.F. _____ program. 1 5. “Labor” means the period of time before a birth during 2 which contractions are of sufficient frequency, intensity, and 3 duration to bring about effacement and progressive dilation of 4 the cervix. 5 6. “Postpartum recovery” means, as determined by the 6 attending physician, the period immediately following delivery, 7 including the entire period a woman is in the hospital or 8 infirmary after birth. 9 7. “Restraint” means any physical restraint or mechanical 10 device used to control the body or limb movement of an inmate 11 or detainee, including but not limited to flex cuffs, soft 12 restraints, hard metal handcuffs, a black box, chubb cuffs, leg 13 irons, belly chains, a security chain, or a convex shield. 14 Sec. 3. NEW SECTION . 904.1002 Restraint of pregnant inmates 15 or detainees. 16 1. A correctional institution shall not use restraints on 17 an inmate or detainee known to be pregnant, including during 18 labor, delivery, or postpartum recovery, unless the corrections 19 officer makes an individualized determination that the use of 20 a restraint on the inmate or detainee is necessary due to an 21 extraordinary circumstance under subsection 2. 22 2. A corrections officer may make an individualized 23 determination that use of a restraint is necessary for a 24 pregnant inmate or detainee through the first twenty weeks of 25 a pregnancy because the inmate or detainee is a substantial 26 flight risk or some other extraordinary medical or security 27 circumstance dictates the use of restraints to ensure the 28 safety and security of the inmate or detainee, the staff of 29 the correctional institution or medical facility, the general 30 public, or other inmates or detainees. 31 3. a. Notwithstanding subsection 2, a restraint shall 32 not be used on a pregnant inmate or detainee under any of the 33 following circumstances: 34 (1) A physician, nurse, or other health professional 35 -2- LSB 1643YC (3) 85 jm/nh 2/ 6

H.F. _____ treating the inmate or detainee requests the restraints be 1 removed. 2 (2) After the twenty-fourth week of pregnancy. 3 (3) During labor or childbirth. 4 b. Notwithstanding paragraph “a” , a leg or waist restraint 5 may be used after the twenty-fourth week of the pregnancy if 6 the physician, nurse, or other health professional treating the 7 inmate or detainee approves the use of the restraint. 8 4. a. Upon admission of an inmate or detainee to a medical 9 facility or birthing center for childbirth, no corrections 10 officer shall remain present in the birthing room during the 11 labor or childbirth, unless specifically requested by the 12 physician, nurse, or other medical personnel treating the 13 inmate or detainee. 14 b. If a corrections officer is requested to be present 15 in the birthing room during the labor or childbirth, the 16 corrections officer shall be female if practicable. 17 5. a. If a restraint is used pursuant to subsection 2, the 18 restraint used shall be used in the least restrictive manner. 19 b. The corrections officer making the determination to use a 20 restraint pursuant to subsection 2 shall make written findings 21 within ten days of the decision to use such a restraint. The 22 findings shall be kept for at least five years and are public 23 records, except no individually identifying information of an 24 inmate or detainee shall be made public without the written 25 consent of the inmate or detainee. 26 Sec. 4. NEW SECTION . 904.1003 Transportation of a pregnant 27 inmate or detainee. 28 A correctional institution shall use a wheelchair to 29 transport a pregnant inmate or detainee to or from a transport 30 vehicle or to or from any appointment. 31 Sec. 5. NEW SECTION . 904.1004 Damages. 32 In addition to any other remedy authorized by law, a 33 correctional institution that restrains an inmate or detainee 34 in violation of this division may be liable for civil damages 35 -3- LSB 1643YC (3) 85 jm/nh 3/ 6

H.F. _____ and reasonable attorney fees and costs. 1 Sec. 6. NEW SECTION . 904.1005 Report. 2 The department of corrections, in conjunction with the 3 other entities supervising inmates and detainees in the state, 4 shall file a report with the general assembly by August 1 of 5 each fiscal year, detailing every instance in which restraints 6 were used on a pregnant inmate or detainee pursuant to this 7 division. The report shall not contain personal identifying 8 information of any inmate or detainee. 9 Sec. 7. RULES. The department of corrections, in 10 conjunction with other entities supervising inmates and 11 detainees in the state, shall commence rulemaking for the 12 implementation and administration of this Act within sixty days 13 of the effective date of this Act. 14 Sec. 8. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 15 immediate importance, takes effect upon enactment. 16 EXPLANATION 17 This bill relates to the use of restraints on a pregnant 18 inmate or detainee. 19 The bill defines “correctional institution” to mean any 20 state correctional institution, county jail, municipal holding 21 facility, county detention facility, or other detention 22 facility that is used to detain or restrain a person, including 23 a juvenile, under the laws of this state or the United States. 24 The bill defines “inmate” to mean any adult or juvenile 25 person incarcerated or detained in a correctional institution 26 who is accused of, convicted or adjudicated guilty of, or 27 sentenced for, a criminal or immigration law violation 28 including persons on probation, parole, or pretrial release, 29 or in any diversionary program. 30 The bill defines “detainee” to mean any adult or juvenile 31 person detained or restrained under the immigration laws of the 32 United States at any correctional institution. 33 The bill prohibits a correctional institution from using 34 a restraint on an inmate or detainee known to be pregnant, 35 -4- LSB 1643YC (3) 85 jm/nh 4/ 6

H.F. _____ including during labor, delivery, or postpartum recovery, 1 unless the corrections officer makes an individualized 2 determination that the use of a restraint on a pregnant inmate 3 or detainee is necessary due to an extraordinary circumstance. 4 The bill permits a corrections officer to make an 5 individualized determination that a restraint is necessary for 6 a pregnant inmate or detainee through the first 20 weeks of 7 a pregnancy because the inmate or detainee is a substantial 8 flight risk or some other extraordinary medical or security 9 circumstance dictates the use of a restraint to ensure the 10 safety and security of the inmate or other persons. 11 The bill prohibits the use of a restraint if a health 12 professional treating the inmate or detainee requests the 13 restraints be removed, the pregnancy is at more than 24 14 weeks, or during labor or childbirth. However, a leg or 15 waist restraint may be used after the twenty-fourth week of 16 the pregnancy if the health professional treating the inmate 17 approves the use of the restraint. 18 Upon admission of an inmate or detainee to a medical facility 19 or birthing center for childbirth, the bill prohibits a 20 corrections officer from remaining in the birthing room during 21 labor or childbirth, unless specifically requested by the 22 medical personnel treating the inmate or detainee. 23 The corrections officer making the determination to 24 use a restraint pursuant to the bill is required to make 25 written findings within 10 days of the decision to use such a 26 restraint. 27 The bill requires the department of corrections, in 28 conjunction with the other entities supervising inmates and 29 detainees in the state, to file a report with the general 30 assembly by August 1 of each fiscal year, detailing every 31 instance in which restraints were used on a pregnant inmate or 32 detainee pursuant to the bill. The report shall not contain 33 personal identifying information of any inmate or detainee. 34 The bill requires the department of corrections and other 35 -5- LSB 1643YC (3) 85 jm/nh 5/ 6

H.F. _____ entities supervising inmates and detainees to commence 1 rulemaking within 60 days of the effective date of the bill. 2 The bill takes effect upon enactment. 3 -6- LSB 1643YC (3) 85 jm/nh 6/ 6