1758 - County recording system for application of restraints to pregnant prisoners or detainees.
§ 1758. County recording system for application of restraints to pregnant prisoners or detainees. (a) General rule.--The application of restraints to a pregnant prisoner or detainee occurring pursuant to section 5905 (relating to healthy birth for incarcerated women) shall constitute an incident that qualifies as an extraordinary occurrence that must be reported to the department in the County Extraordinary Occurrence Monthly Report. (b) Information to be included in County Extraordinary Occurrence Monthly Report.-- (1) Any and all incidents where the application of restraints to a pregnant prisoner or detainee pursuant to section 5905 occurred must be included in the County Extraordinary Occurrence Monthly Report that is submitted to the department. An indication of the incidents must be noted on the designated report form or other available approved method, if applicable, and individual, separate written findings must accompany the form for each incident that occurred. (2) Written findings of each incident as required under paragraph (1) must include the following: (i) the circumstances that led to the determination that the prisoner or detainee represented a substantial risk of imminent flight; or (ii) the circumstances that led to the determination that other extraordinary medical or security circumstances dictated the prisoner or detainee be restrained to ensure the safety and security of the prisoner or detainee, the staff of the correctional institution or medical facility, other prisoners or detainees or the public. (c) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise: "County Extraordinary Occurrence Monthly Report." A collection of statistics and other information by the department on designated report forms or by other available approved methods for the collection of such incident information under this section and in accordance with written local policy providing for the collection of population information prescribed by 37 Pa. Code 95.242 (relating to Statistical/ informational reporting). "Department." The Department of Corrections of the Commonwealth. (July 2, 2010, P.L.275, No.45, eff. 60 days) 2010 Amendment. Act 45 added section 1758.