Section 217.151

Title XIII CORRECTIONAL AND PENAL INSTITUTIONS

Chapter 217

Effective - 28 Aug 2018   

  217.151.  Restraints, use of on pregnant offenders — definitions — extraordinary circumstances — requirements. — 1.  As used in this section, the following terms shall mean:

  (1)  "Extraordinary circumstance", a substantial flight risk or some other extraordinary medical or security circumstance that dictates restraints be used to ensure the safety and security of a pregnant offender in her third trimester, a postpartum offender forty-eight hours postdelivery, the staff of the correctional center or medical facility, other offenders, or the public;

  (2)  "Labor", the period of time before a birth during which contractions are present;

  (3)  "Postpartum", the period of recovery immediately following childbirth, which is six weeks for a vaginal birth or eight weeks for a cesarean birth, or longer if so determined by a physician or nurse;

  (4)  "Restraints", any physical restraint or other device used to control the movement of a person's body or limbs.

  2.  Unless extraordinary circumstances exist as determined by a corrections officer, a correctional center shall not use restraints on a pregnant offender in her third trimester during transportation to and from visits to health care providers or court proceedings, or during medical appointments and examinations, labor, delivery, or forty-eight hours postdelivery.

  3.  In the event a corrections officer determines that extraordinary circumstances exist and restraints are necessary, the corrections officer shall fully document in writing within forty-eight hours of the incident the reasons he or she determined such extraordinary circumstances existed, the type of restraints used, and the reasons those restraints were considered the least restrictive available and the most reasonable under the circumstances.  Such documents shall be kept on file by the correctional center for at least ten years from the date the restraints were used.

  4.  Any time restraints are used on a pregnant offender in her third trimester or on a postpartum offender forty-eight hours postdelivery, the restraints shall be the least restrictive available and the most reasonable under the circumstances.  In no case shall leg, ankle, or waist restraints or any mechanical restraints be used on any such offender, and if wrist restraints are used, such restraints shall be placed in the front of such offender's body to protect the offender and unborn child in the case of a forward fall.

  5.  If a doctor, nurse, or other health care provider treating the pregnant offender in her third trimester or the postpartum offender forty-eight hours postdelivery requests that restraints not be used, the corrections officer accompanying such offender shall immediately remove all restraints.

  6.  Pregnant offenders shall be transported in vehicles equipped with seatbelts.

  7.  The sentencing and corrections oversight commission established under section 217.147 and the advisory committee established under section 217.015 shall conduct biannual reviews of every report written on the use of restraints on a pregnant offender in her third trimester or on a postpartum offender forty-eight hours postdelivery in accordance with subsection 3 of this section to determine compliance with this section.  The written reports shall be kept on file by the department for ten years.

  8.  The chief administrative officer, or equivalent position, of each correctional center shall:

  (1)  Ensure that employees of the correctional center are provided with training, which may include online training, on the provisions of this section and section 217.147; and

  (2)  Inform female offenders, in writing and orally, of any policies and practices developed in accordance with this section upon admission to the correctional center, including policies and practices in any offender handbook, and post the policies and practices in locations in the correctional center where such notices are commonly posted and will be seen by female offenders, including common housing areas and health care facilities.

  9.  The provisions of this section shall apply only to the department of corrections.

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(L. 2018 S.B. 870)