Use of restraints by places of confinement

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(a) In any instance that restraints are used on a confined youth who is known to be pregnant, the restraints used must be the least restrictive available and the most reasonable under the circumstances.

(b) In any instance that the restraints used on a confined youth who is known to be pregnant require restraints more restrictive than the least restrictive available, the use of such restraints shall be subject to the reporting requirements of § 2-1515.53.

(c) Except as provided in subsection (d) of this section, no confined youth who is is known to be pregnant or is in postpartum recovery shall be put in restraints at any time, including during transport to a medical facility or while receiving treatment at a medical facility.

(d)(1) The Administrator may authorize the use of restraints on a confined youth who is known to be pregnant or is in postpartum recovery after making an individualized determination, at the time that the use of restraints is considered, that extraordinary circumstances apply and restraints are necessary to prevent the confined youth from injuring herself or others, including medical or correctional personnel.

(2) Notwithstanding the authorization by the Administrator under paragraph (1) of this subsection, if the doctor, nurse, or other health professional treating the confined youth determines that the removal of the restraints is medically necessary to protect the health or safety of the youth, or her baby, the restraints shall be removed immediately.

(e) The Administrator shall not authorize the use of restraints on a confined youth who is in labor.

(Apr. 12, 2005, D.C. Law 15-335, § 152; as added July 25, 2015, D.C. Law 20-280, § 101(b), 62 DCR 1495; Apr. 4, 2017, D.C. Law 21-238, § 402(d), 63 DCR 15312.)


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