(1) The staff of a county jail, in restraining a woman who is committed, detained, or confined to the county jail, shall use the least restrictive restraints necessary to ensure safety if the staff of the county jail have actual knowledge or a reasonable belief that the woman is pregnant. The requirement that staff use the least restrictive restraints necessary to ensure safety shall continue during postpartum recovery and transport to or from the county jail.
(2) (a) (I) The county jail staff or medical facility staff shall not use restraints of any kind on the woman during labor and delivery of the child; except that staff may use restraints if:
The medical staff determine that restraints are medically necessary for safe childbirth;
The county jail staff or medical staff determine that the woman presents an immediate and serious risk of harm to herself, to other patients, or to medical staff; or
The sheriff or his or her designee determines that the woman poses a substantial riskof escape that cannot reasonably be reduced by the use of other existing means.
(II) Notwithstanding any provision of subparagraph (I) of this paragraph (a) to the contrary, under no circumstances shall staff use leg shackles or waist restraints on a woman during labor and delivery of the child, postpartum recovery while in a medical facility, or transport to or from a medical facility for childbirth.
(b) The county jail or medical facility staff authorizing the use of restraints on a pregnant woman during labor or delivery of the child shall make a written record of the use of the restraints, which record shall include, at a minimum, the type of restraint used, the circumstances that necessitated the use of the restraint, and the length of time the restraint was used. The sheriff shall retain the record for a minimum of five years and shall make the record available for public inspection with individually identifying information redacted from the record unless the woman who is the subject of the record gives prior written consent for the public release of the record. The written record of the use of restraint shall not constitute a medical record under state or federal law.
Upon return to a county jail after childbirth, the woman shall be entitled to have amember of the county jail's or county's medical staff present during any strip search.
When a woman's pregnancy is determined, the staff of a county jail shall inform apregnant woman committed, detained, or confined in a county jail in writing in a language and in a manner understandable to the woman of the provisions of this section concerning the use of restraints and the presence of medical staff during a strip search.
Each sheriff shall ensure that staff of the county jail receive adequate training concerning the provisions of this section.
Source: L. 2010: Entire section added, (SB 10-193), ch. 312, p. 1464, § 2, effective January 1, 2011.