5905 - Healthy birth for incarcerated women.

     § 5905.  Healthy birth for incarcerated women.        (a)  Duties of correctional institution.--Consistent with     established policy and practice, it shall be the duty and     responsibility of the correctional institution to provide     adequate personnel to monitor the pregnant prisoner or detainee     during transport to and from the medical facility and during her     stay at the medical facility.        (b)  Restraint of pregnant prisoners and detainees.--            (1)  Unless provided in paragraph (2), a correctional        institution shall not apply restraints to a prisoner or        detainee known to be pregnant during any stage of labor, any        pregnancy-related medical distress, any period of delivery,        any period of postpartum as defined in subsection (e) or        transport to a medical facility as a result of any of the        preceding conditions or transport to a medical facility after        the beginning of the second trimester of pregnancy.            (2)  Paragraph (1) shall not bar reasonable restraint        provided the correctional institution staff assigned to the        prisoner or detainee makes an individualized determination        that the prisoner or detainee presents a substantial risk of        imminent flight or some other extraordinary medical or        security circumstance dictates that 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. The assigned correctional institution staff        shall report the incident to the correctional institution in        a reasonable amount of time after the restraint occurs. If        the assigned correctional institution staff is not employed        by the correctional institution, then the assigned        correctional institution staff shall report the restraint to        the correctional institution in a reasonable amount of time        after the incident occurs.            (3)  If restraint is applied under paragraph (2), at no        time shall the prisoner or detainee be left unattended by a        correctional institution staff with the ability to release        the restraint should a release become medically necessary.            (4)  When a restraint is permitted under this section, a        correctional institution shall use the least restrictive        restraint necessary when the facility has actual or        constructive knowledge that a prisoner or detainee is in the        second or third trimester of pregnancy.        (c)  Restraints.--The following shall apply to a prisoner or     detainee who has been restrained under this subsection:            (1)  The correctional institution staff accompanying the        prisoner or detainee shall immediately remove all restraints        upon request of a doctor, nurse or other health care        professional.            (2)  Leg or waist restraints shall not be used on any        prisoner or detainee who is in labor.            (3)  The type of restraint applied and the application of        the restraint shall be done in the least restrictive manner        possible.        (d)  Annual report.--No later than August 1 of each year, the     secretary and the Secretary of Public Welfare shall each submit     to the Governor's Office a written report containing information     regarding the use of restraints on any pregnant prisoner or     detainee during the preceding fiscal year specifically     identifying and enumerating the circumstances that led to the     determination that the prisoner or detainee fell under the     exception in subsection (b)(2). The secretary shall report on     pregnant prisoners or detainees in the custody of correctional     institutions operated, supervised or licensed by the department.     The Secretary of Public Welfare shall report on pregnant     prisoners or detainees in the custody of correctional     institutions operated, supervised or licensed by the Department     of Public Welfare pursuant to the act of June 13, 1967 (P.L.31,     No.21), known as the Public Welfare Code. The reports shall not     contain any identifying information of any prisoner or detainee.     The reports shall be posted on the Governor's Internet website     and shall be made available for public inspection at the offices     of the department and the Department of Public Welfare,     respectively.        (e)  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:        "Correctional institution."  Any entity under the authority     of the state or any county or municipality that has the power to     detain and restrain a person under the laws of this     Commonwealth.        "Detainee."  Includes any person detained under the     immigration laws of the United States at any correctional     facility.        "Labor."  The period of time before a birth during which     contractions are of sufficient frequency, intensity and duration     to bring about effacement and progressive dilation of the     cervix. The determination of when labor has commenced shall rest     solely with the medical providers of the prisoner or detainee.        "Postpartum."  The period following delivery before a     prisoner or detainee has been discharged from a medical     facility.        "Prisoner."  Any person incarcerated or detained in any     correctional institution who is accused of, convicted of,     sentenced for or adjudicated delinquent for violations of     criminal law or the terms and conditions of parole, probation,     pretrial release or a diversionary program.        "Restraint."  Any physical hold or mechanical device used to     control the movement of a prisoner's or detainee's body and     limbs, including, but not limited to, shackles, flex cuffs, soft     restraints, hard metal handcuffs, a black box, Chubb cuffs, leg     irons, belly chains, a security (tether) chain or a convex     shield.     (July 2, 2010, P.L.275, No.45, eff. 60 days)        2010 Amendment.  Act 45 added section 5905.        Cross References.  Section 5905 is referred to in sections     1104, 1758 of this title.