Bill Text: IA SF2019 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A bill for an act relating to the use of restraints against a pregnant inmate or detainee, and including effective date provisions. (See SF 2190.)
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-01-16 - Subcommittee, Petersen, Boettger, and Quirmbach. S.J. 83. [SF2019 Detail]
Download: Iowa-2013-SF2019-Introduced.html
Senate
File
2019
-
Introduced
SENATE
FILE
2019
BY
PETERSEN
A
BILL
FOR
An
Act
relating
to
the
use
of
restraints
against
a
pregnant
1
inmate
or
detainee,
and
including
effective
date
provisions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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5391XS
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Section
1.
LEGISLATIVE
FINDINGS.
The
general
assembly
1
finds
all
of
the
following:
2
1.
There
are
serious
known
medical
risks
associated
with
the
3
use
of
restraints
on
pregnant
women.
4
2.
The
vast
majority
of
female
inmates
or
detainees
in
this
5
state
are
nonviolent
offenders.
6
3.
Restraining
pregnant
prison
inmates
increases
the
7
potential
for
physical
harm
from
an
accidental
trip
or
fall.
8
4.
Freedom
from
physical
restraints
is
especially
critical
9
during
labor,
delivery,
and
postpartum
recovery
after
delivery,
10
because
a
woman
often
needs
to
move
around
during
labor
and
11
recovery.
12
5.
Restraints
on
a
pregnant
woman
can
interfere
with
the
13
ability
of
medical
staff
to
appropriately
assist
in
childbirth
14
or
to
conduct
sudden
emergency
procedures.
15
Sec.
2.
NEW
SECTION
.
904.1001
Definitions.
16
As
used
in
this
division,
unless
the
context
otherwise
17
requires:
18
1.
“Correctional
institution”
means
any
state
correctional
19
institution
under
this
chapter,
county
jail
or
municipal
20
holding
facility
under
chapter
356,
county
detention
facility
21
under
chapter
356A,
or
other
detention
facility
that
is
used
to
22
detain
or
restrain
a
person,
including
a
juvenile,
under
the
23
laws
of
this
state
or
the
United
States.
24
2.
“Corrections
officer”
means
the
official
who
is
25
responsible
for
oversight
of
a
correctional
institution
or
the
26
official’s
designee.
27
3.
“Detainee”
means
any
adult
or
juvenile
person
detained
or
28
restrained
under
the
immigration
laws
of
the
United
States
at
29
any
correctional
institution.
30
4.
“Inmate”
means
any
adult
or
juvenile
person
incarcerated
31
or
detained
in
a
correctional
institution
who
is
accused
32
of,
convicted
or
adjudicated
guilty
of,
or
sentenced
for,
a
33
criminal
or
immigration
law
violation
including
persons
on
34
probation,
parole,
or
pretrial
release,
or
in
any
diversionary
35
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program.
1
5.
“Labor”
means
the
period
of
time
before
a
birth
during
2
which
contractions
are
of
sufficient
frequency,
intensity,
and
3
duration
to
bring
about
effacement
and
progressive
dilation
of
4
the
cervix.
5
6.
“Postpartum
recovery”
means,
as
determined
by
the
6
attending
physician,
the
period
immediately
following
delivery,
7
including
the
entire
period
a
woman
is
in
the
hospital
or
8
infirmary
after
birth.
9
7.
“Restraint”
means
any
physical
restraint
or
mechanical
10
device
used
to
control
the
body
or
limb
movement
of
an
inmate
11
or
detainee,
including
but
not
limited
to
flex
cuffs,
soft
12
restraints,
hard
metal
handcuffs,
a
black
box,
chubb
cuffs,
leg
13
irons,
belly
chains,
a
security
chain,
or
a
convex
shield.
14
Sec.
3.
NEW
SECTION
.
904.1002
Restraint
of
pregnant
inmates
15
or
detainees.
16
1.
A
correctional
institution
shall
not
use
restraints
on
17
an
inmate
or
detainee
known
to
be
pregnant,
including
during
18
labor,
delivery,
or
postpartum
recovery,
unless
any
of
the
19
following
apply:
20
a.
The
inmate
or
detainee
refuses
to
undergo
a
urine-based
21
pregnancy
test,
if
not
visibly
pregnant.
22
b.
The
inmate
has
been
confined
for
less
than
twenty-four
23
hours
at
a
correctional
institution
other
than
a
state
24
correctional
institution.
25
c.
A
corrections
officer
makes
an
individualized
26
determination
that
the
use
of
a
restraint
on
the
inmate
or
27
detainee
is
necessary
due
to
an
extraordinary
medical
or
28
security
circumstance
described
under
subsection
2.
29
2.
A
corrections
officer
may
make
an
individualized
30
determination
that
use
of
a
restraint
is
necessary
for
a
31
pregnant
inmate
or
detainee
because
the
inmate
or
detainee
is
a
32
substantial
flight
risk
or
some
other
extraordinary
medical
or
33
security
circumstance
dictates
the
use
of
restraints
to
ensure
34
the
safety
and
security
of
the
inmate
or
detainee,
the
staff
of
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the
correctional
institution
or
medical
facility,
the
general
1
public,
or
other
inmates
or
detainees.
2
3.
Notwithstanding
subsections
1
and
2,
restraints
shall
3
not
be
used
under
the
following
circumstances:
4
a.
If
a
physician,
nurse,
or
other
health
professional
5
treating
the
inmate
or
detainee
requests
the
restraints
not
be
6
used.
If
such
a
request
is
made
pursuant
to
this
paragraph,
7
the
corrections
officer
accompanying
the
inmate
or
detainee
8
shall
immediately
remove
the
restraints,
unless
the
corrections
9
officer
determines
that
removing
the
restraints
would
pose
an
10
imminent
extraordinary
security
circumstance
described
under
11
subsection
2.
12
b.
If
the
correctional
institution
has
actual
and
13
constructive
knowledge
of
the
pregnancy
and
the
inmate
or
14
detainee
is
in
at
least
the
twenty-first
week
of
pregnancy.
15
However,
in
such
circumstances
leg
or
waist
restraints
may
be
16
used
under
the
direction
of
the
physician,
nurse,
or
other
17
health
professional
treating
the
inmate
or
detainee.
18
c.
During
labor
or
childbirth.
19
4.
If
a
corrections
officer
is
requested
to
be
present
20
in
the
birthing
room
during
the
labor
or
childbirth,
the
21
corrections
officer
shall
be
female
if
practicable.
22
5.
a.
If
a
restraint
is
used
pursuant
to
this
section,
the
23
restraint
used
shall
be
used
in
the
least
restrictive
manner.
24
b.
A
corrections
officer
making
the
determination
to
use
a
25
restraint
pursuant
to
this
section
shall
make
written
findings
26
within
ten
days
of
the
decision
to
use
such
a
restraint.
The
27
findings
shall
be
kept
for
at
least
five
years
and
are
public
28
records,
except
no
individually
identifying
information
of
an
29
inmate
or
detainee
shall
be
made
public
without
the
written
30
consent
of
the
inmate
or
detainee.
31
Sec.
4.
NEW
SECTION
.
904.1003
Transportation
of
a
pregnant
32
inmate
or
detainee.
33
A
correctional
institution
shall
use
a
wheelchair
to
34
transport
a
known
pregnant
inmate
or
detainee
to
or
from
a
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transport
vehicle
or
to
or
from
any
appointment
unless
directed
1
otherwise
by
the
physician,
nurse,
or
other
health
professional
2
treating
the
inmate
or
detainee.
3
Sec.
5.
NEW
SECTION
.
904.1004
Birth
plan.
4
1.
A
correctional
institution
shall
develop
a
birth
5
plan
with
a
known
pregnant
inmate
or
detainee
if
the
inmate
6
or
detainee
is
likely
to
be
confined
at
the
correctional
7
institution
during
the
childbirth.
The
birth
plan
shall
8
include
a
support
person
designated
by
the
inmate
or
detainee
9
who
may
be
present
in
the
birthing
room
with
the
inmate
or
10
detainee
during
labor
and
childbirth.
11
2.
The
correctional
institution
may,
for
good
cause,
reject
12
the
support
person
designated
in
the
birth
plan
from
being
13
present
in
the
birthing
room.
If
the
correctional
institution
14
rejects
the
support
person,
the
correctional
institution
shall
15
specify
the
reasons
for
rejecting
the
support
person
in
writing
16
to
the
inmate
or
detainee
as
soon
as
possible
if
practicable
17
under
the
circumstances,
in
order
to
allow
the
inmate
or
18
detainee
to
designate
a
new
support
person
to
be
present
in
the
19
birthing
room.
20
Sec.
6.
NEW
SECTION
.
904.1005
Damages.
21
In
addition
to
any
other
remedy
authorized
by
law,
a
22
correctional
institution
that
restrains
an
inmate
or
detainee
23
in
violation
of
this
division
may
be
liable
for
civil
damages
24
and
reasonable
attorney
fees
and
costs.
25
Sec.
7.
NEW
SECTION
.
904.1006
Report.
26
The
department
of
corrections,
in
conjunction
with
the
27
other
entities
supervising
inmates
and
detainees
in
the
state,
28
shall
file
a
report
with
the
general
assembly
by
August
1
of
29
each
fiscal
year,
detailing
every
instance
in
which
restraints
30
were
used
on
a
pregnant
inmate
or
detainee
pursuant
to
this
31
division.
The
report
shall
not
contain
personal
identifying
32
information
of
any
inmate
or
detainee.
33
Sec.
8.
RULES.
The
department
of
corrections,
in
34
conjunction
with
other
entities
supervising
inmates
and
35
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detainees
in
the
state,
and
after
reviewing
the
most
current
1
accepted
medical
practices
and
standards
relating
to
pregnant
2
women,
shall
commence
rulemaking
for
the
implementation
and
3
administration
of
this
Act
within
sixty
days
of
the
effective
4
date
of
this
Act.
The
department
shall
not
adopt
emergency
5
rules
under
section
17A.4,
subsection
3,
or
section
17A.5,
6
subsection
2,
paragraph
“b”,
to
implement
the
provisions
of
7
this
Act.
8
Sec.
9.
EFFECTIVE
UPON
ENACTMENT.
This
Act,
being
deemed
of
9
immediate
importance,
takes
effect
upon
enactment.
10
EXPLANATION
11
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
12
the
explanation’s
substance
by
the
members
of
the
general
assembly.
13
This
bill
relates
to
the
use
of
restraints
on
a
pregnant
14
inmate
or
detainee.
15
The
bill
defines
“correctional
institution”
to
mean
any
16
state
correctional
institution,
county
jail,
municipal
holding
17
facility,
county
detention
facility,
or
other
detention
18
facility
that
is
used
to
detain
or
restrain
a
person,
including
19
a
juvenile,
under
the
laws
of
this
state
or
the
United
States.
20
The
bill
defines
“inmate”
to
mean
any
adult
or
juvenile
21
person
incarcerated
or
detained
in
a
correctional
institution
22
who
is
accused
of,
convicted
or
adjudicated
guilty
of,
or
23
sentenced
for,
a
criminal
or
immigration
law
violation
24
including
persons
on
probation,
parole,
or
pretrial
release,
25
or
in
any
diversionary
program.
26
The
bill
defines
“detainee”
to
mean
any
adult
or
juvenile
27
person
detained
or
restrained
under
the
immigration
laws
of
the
28
United
States
at
any
correctional
institution.
29
The
bill
prohibits
a
correctional
institution
from
using
30
a
restraint
on
an
inmate
or
detainee
known
to
be
pregnant,
31
including
during
labor,
delivery,
or
postpartum
recovery,
32
unless
any
of
the
following
apply:
the
inmate
or
detainee
33
refuses
to
undergo
a
urine-based
pregnancy
test,
if
not
visibly
34
pregnant;
the
inmate
has
been
confined
for
less
than
24
hours
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at
a
correctional
institution
other
than
a
state
correctional
1
institution;
or
a
corrections
officer
makes
an
individualized
2
determination
that
the
use
of
a
restraint
on
a
pregnant
inmate
3
or
detainee
is
necessary
due
to
an
extraordinary
circumstance.
4
A
corrections
officer
may
make
an
individualized
5
determination
under
the
bill
if
any
of
the
following
6
extraordinary
circumstances
apply:
the
inmate
or
detainee
is
7
a
substantial
flight
risk
or
some
other
medical
or
security
8
circumstance
dictates
the
use
of
restraints
to
ensure
the
9
safety
and
security
of
the
inmate
or
other
persons.
10
The
bill
prohibits
the
use
of
restraints
on
a
pregnant
11
inmate
or
detainee
under
the
following
circumstances:
when
12
medical
personnel
request
the
restraints
not
be
used,
unless
a
13
corrections
officer
determines
the
inmate
or
detainee
poses
an
14
imminent
security
risk;
when
the
correctional
institution
has
15
actual
knowledge
of
the
pregnancy
and
the
inmate
or
detainee
16
is
in
at
least
the
twenty-first
week
of
pregnancy,
except
leg
17
or
waist
restraints
may
be
used
under
the
direction
of
medical
18
personnel;
or
during
labor
or
childbirth.
If
a
corrections
19
officer
makes
a
determination
that
restraints
be
used
because
20
the
inmate
poses
an
imminent
security
risk,
the
bill
requires
21
the
correctional
officer
to
make
written
findings
within
10
22
days
of
the
decision
to
use
the
restraints.
23
The
bill
requires
a
correctional
institution
to
use
a
24
wheelchair
to
transport
a
known
pregnant
inmate
or
detainee
25
to
or
from
a
transport
vehicle
or
to
or
from
any
appointment,
26
unless
otherwise
directed
by
medical
personnel.
27
The
bill
requires
the
correctional
institution
to
develop
28
a
birth
plan
with
a
known
pregnant
inmate
or
detainee
if
the
29
inmate
or
detainee
is
likely
to
be
confined
at
the
institution
30
during
the
childbirth.
The
plan
shall
include
a
support
person
31
designated
by
the
inmate
or
detainee
who
may
be
present
in
the
32
birthing
room
with
the
inmate
or
detainee
during
labor
and
33
childbirth.
The
bill
permits
the
correctional
institution
to
34
reject,
for
good
cause,
the
support
person
from
being
present
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in
the
birthing
room.
If
the
correctional
institution
rejects
1
the
presence
of
the
support
person
in
the
birthing
room,
the
2
bill
allows
the
inmate
or
detainee
to
designate
another
support
3
person
if
practicable
under
the
circumstances.
4
The
bill
specifies
that
in
addition
to
any
other
remedy
5
authorized
by
law,
a
correctional
institution
that
restrains
an
6
inmate
or
detainee
in
violation
of
the
bill
may
be
liable
for
7
civil
damages
and
reasonable
attorney
fees.
8
The
bill
requires
the
department
of
corrections,
in
9
conjunction
with
the
other
entities
supervising
inmates
and
10
detainees
in
the
state,
to
file
a
report
with
the
general
11
assembly
by
August
1
of
each
fiscal
year,
detailing
every
12
instance
in
which
restraints
were
used
on
a
pregnant
inmate
or
13
detainee
pursuant
to
the
bill.
The
report
shall
not
contain
14
personal
identifying
information
of
any
inmate
or
detainee.
15
The
bill
requires
the
department
of
corrections
and
other
16
entities
supervising
inmates
and
detainees
to
commence
17
rulemaking
after
reviewing
the
latest
accepted
medical
18
practices
and
standards
relating
to
pregnant
women,
within
60
19
days
of
the
effective
date
of
the
bill.
The
bill
specifically
20
prohibits
the
adoption
of
emergency
rules.
21
The
bill
takes
effect
upon
enactment.
22
-7-
LSB
5391XS
(4)
85
jm/nh
7/
7
