Senate File 2190 - Introduced SENATE FILE 2190 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SF 2019) A BILL FOR An Act requiring rulemaking for the use of restraints against 1 a pregnant inmate or detainee, and including effective date 2 provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5391SV (4) 85 jm/nh

S.F. 2190 Section 1. LEGISLATIVE FINDINGS. The general assembly 1 finds all of the following: 2 1. There are serious known medical risks associated with 3 the use of restraints on pregnant women, and such use is not an 4 accepted practice on a nationwide basis. 5 2. The vast majority of female inmates or detainees in this 6 state are nonviolent offenders. 7 3. Restraining pregnant prison inmates increases the 8 potential for physical harm from an accidental trip or fall. 9 4. Freedom from physical restraints is especially critical 10 during labor, delivery, and postpartum recovery after delivery, 11 because a woman often needs to move around during labor and 12 recovery. 13 5. Restraints on a pregnant woman can interfere with the 14 ability of medical staff to appropriately assist in childbirth 15 or to conduct sudden emergency procedures. 16 Sec. 2. NEW SECTION . 904.1001 Report of use of restraints 17 —— pregnant inmates and detainees. 18 The department of corrections, in conjunction with the 19 other entities supervising inmates and detainees in the state, 20 shall file a report with the general assembly by August 1 of 21 each fiscal year, detailing every instance in which restraints 22 were used on a pregnant inmate or detainee pursuant to this 23 division. The report shall not contain personal identifying 24 information of any inmate or detainee. 25 Sec. 3. NEW SECTION . 904.1002 Pregnant inmates and 26 detainees —— rulemaking regarding use of restraints. 27 1. The department of corrections, in conjunction with other 28 entities supervising inmates and detainees in the state, and 29 after reviewing the most current accepted medical practices 30 and standards relating to pregnant women, shall commence 31 rulemaking for the implementation and administration of the use 32 of restraints on pregnant inmates and detainees within sixty 33 days of the effective date of this Act. The department shall 34 not adopt emergency rules under section 17A.4, subsection 3, 35 -1- LSB 5391SV (4) 85 jm/nh 1/ 3

S.F. 2190 or section 17A.5, subsection 2, paragraph “b” , to implement the 1 provisions of this section. 2 2. The rules relating to the use of restraints on pregnant 3 inmates and detainees shall apply to correctional facilities, 4 county jails, and municipal holding facilities. The rules 5 shall require that restraints shall be used in the least 6 restrictive manner. The rules shall specify when restraints 7 are permissible to be used and provide guidance for allowing a 8 support person in the birthing room with the inmate or detainee 9 during labor and childbirth. The rules shall further require 10 that the circumstances surrounding the use of restraints be 11 identified with each use and that the use of restraints on an 12 inmate or detainee who is pregnant, including during labor, and 13 childbirth and postpartum, shall be limited to the following 14 circumstances: 15 a. Pursuant to an individualized determination that the 16 inmate or detainee poses a serious threat to oneself, staff, or 17 others at the time the restraints are used. 18 b. The inmate or detainee poses an immediate and credible 19 risk of escape that is not able to be contained through the use 20 of other methods. 21 Sec. 4. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 22 immediate importance, takes effect upon enactment. 23 EXPLANATION 24 The inclusion of this explanation does not constitute agreement with 25 the explanation’s substance by the members of the general assembly. 26 This bill relates to requiring rulemaking for the use of 27 restraints against a pregnant inmate or detainee. 28 The bill requires that the department of corrections, 29 in conjunction with other entities supervising inmates or 30 detainees, file a report with the general assembly by August 31 1 of each fiscal year, detailing every instance in which 32 restraints were used on a pregnant inmate or detainee. 33 The bill further requires the department of corrections, 34 in conjunction with other entities supervising inmates or 35 -2- LSB 5391SV (4) 85 jm/nh 2/ 3

S.F. 2190 detainees, to commence rulemaking for the implementation and 1 administration of the use of restraints on pregnant inmates or 2 detainees. The bill prohibits the department of corrections 3 from adopting emergency rules. 4 The bill specifies that the rules shall apply to pregnant 5 inmates or detainees at correctional facilities, county jails, 6 and municipal holding facilities. The rules must provide that 7 restraints be used in the least restrictive manner. 8 The rules under the bill require that the circumstances 9 surrounding the use of the restraints are to be identified with 10 each use and that the use of restraints on a pregnant inmate 11 or detainee during labor, childbirth, and postpartum, shall be 12 limited to: when an individualized determination has been made 13 that an inmate or detainee poses a serious threat to oneself, 14 staff, or others at the time restraints are used, or when the 15 inmate or detainee poses an immediate and credible risk of 16 escape. 17 The bill takes effect upon enactment. 18 -3- LSB 5391SV (4) 85 jm/nh 3/ 3