Bill Text: IL SB3418 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Counties Code, the Unified Code of Corrections, and the County Jail Act. Provides that the Cook County Department of Corrections, the Illinois Department of Corrections, and the county sheriffs shall provide training relating to medical and mental health care issues applicable to pregnant prisoners to: (1) each correctional officer employed by the respective Department or sheriff at a facility in which female prisoners are confined; and (2) any other Department or sheriff employee whose duties involve contact with pregnant prisoners. Provides that the Department or sheriff shall develop and provide to each pregnant prisoner educational programming relating to pregnancy and parenting. Provides that the Department or sheriff shall ensure that, for a period of 72 hours after the birth of an infant by a prisoner: (1) the infant is allowed to remain with the prisoner, unless a medical professional determines doing so would pose a health or safety risk to the prisoner or infant; and (2) the prisoner has access to any nutritional or hygiene-related products necessary to care for the infant, including diapers. Provides that the Department or sheriff may not place in administrative segregation a prisoner who is pregnant or who gave birth during the preceding 30 days unless the Director or sheriff or the Director's or sheriff's designee determines that the placement is necessary based on a reasonable belief that the prisoner will harm herself, the prisoner's infant, or any other person or will attempt escape. Provides that the Department or sheriff may not assign a pregnant prisoner to any bed that is elevated more than 3 feet above the floor. Effective January 1, 2021.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB3418 Detail]

Download: Illinois-2019-SB3418-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB3418 Introduced 2/13/2020, by Sen. Patricia Van Pelt SYNOPSIS AS INTRODUCED:
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Amends the Counties Code, the Unified Code of Corrections, and the County Jail Act. Provides that the Cook County Department of Corrections, the Illinois Department of Corrections, and the county sheriffs shall provide training relating to medical and mental health care issues applicable to pregnant prisoners to: (1) each correctional officer employed by the respective Department or sheriff at a facility in which female prisoners are confined; and (2) any other Department or sheriff employee whose duties involve contact with pregnant prisoners. Provides that the Department or sheriff shall develop and provide to each pregnant prisoner educational programming relating to pregnancy and parenting. Provides that the Department or sheriff shall ensure that, for a period of 72 hours after the birth of an infant by a prisoner: (1) the infant is allowed to remain with the prisoner, unless a medical professional determines doing so would pose a health or safety risk to the prisoner or infant; and (2) the prisoner has access to any nutritional or hygiene-related products necessary to care for the infant, including diapers. Provides that the Department or sheriff may not place in administrative segregation a prisoner who is pregnant or who gave birth during the preceding 30 days unless the Director or sheriff or the Director's or sheriff's designee determines that the placement is necessary based on a reasonable belief that the prisoner will harm herself, the prisoner's infant, or any other person or will attempt escape. Provides that the Department or sheriff may not assign a pregnant prisoner to any bed that is elevated more than 3 feet above the floor. Effective January 1, 2021.
LRB101 20228 RLC 69768 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
SB3418 LRB101 20228 RLC 69768 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Counties Code is amended by changing
3-15003.6 and by adding Sections 3-15003.7, 3-15003.8,
3-15003.9, and 3-15003.10 as follows:
(55 ILCS 5/3-15003.6)
Sec. 3-15003.6. Pregnant female prisoners.
(a) Definitions. For the purpose of this Section and
Sections 3-15003.7, 3-15003.8, 3-15003.9, and 3-15003.10:
(1) "Restraints" means any physical restraint or
mechanical device used to control the movement of a
prisoner's body or limbs, or both, including, but not
limited to, flex cuffs, soft restraints, hard metal
handcuffs, a black box, Chubb cuffs, leg irons, belly
chains, a security (tether) chain, or a convex shield, or
shackles of any kind.
(2) "Labor" means the period of time before a birth and
shall include any medical condition in which a woman is
sent or brought to the hospital for the purpose of
delivering her baby. These situations include: induction
of labor, prodromal labor, pre-term labor, prelabor
rupture of membranes, the 3 stages of active labor, uterine

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hemorrhage during the third trimester of pregnancy, and
caesarian delivery including pre-operative preparation.
(3) "Post-partum" means, as determined by her
physician, advanced practice registered nurse, or
physician assistant, the period immediately following
delivery, including the entire period a woman is in the
hospital or infirmary after birth.
(4) "Correctional institution" means any entity under
the authority of a county law enforcement division of a
county of more than 3,000,000 inhabitants that has the
power to detain or restrain, or both, a person under the
laws of the State.
(5) "Corrections official" means the official that is
responsible for oversight of a correctional institution,
or his or her designee.
(6) "Prisoner" means any person incarcerated or
detained in any facility 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 diversionary program, and
any person detained under the immigration laws of the
United States at any correctional facility.
(7) "Extraordinary circumstance" means an
extraordinary medical or security circumstance, including
a substantial flight risk, that dictates restraints be used
to ensure the safety and security of the prisoner, the

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staff of the correctional institution or medical facility,
other prisoners, or the public.
(b) A county department of corrections shall not apply
security restraints to a prisoner that has been determined by a
qualified medical professional to be pregnant and is known by
the county department of corrections to be pregnant or in
postpartum recovery, which is the entire period a woman is in
the medical facility after birth, unless the corrections
official makes an individualized determination that the
prisoner presents a substantial flight risk or some other
extraordinary circumstance that dictates security restraints
be used to ensure the safety and security of the prisoner, her
child or unborn child, the staff of the county department of
corrections or medical facility, other prisoners, or the
public. The protections set out in clauses (b)(3) and (b)(4) of
this Section shall apply to security restraints used pursuant
to this subsection. The corrections official shall immediately
remove all restraints upon the written or oral request of
medical personnel. Oral requests made by medical personnel
shall be verified in writing as promptly as reasonably
possible.
(1) Qualified authorized health staff shall have the
authority to order therapeutic restraints for a pregnant or
postpartum prisoner who is a danger to herself, her child,
unborn child, or other persons due to a psychiatric or
medical disorder. Therapeutic restraints may only be

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initiated, monitored and discontinued by qualified and
authorized health staff and used to safely limit a
prisoner's mobility for psychiatric or medical reasons. No
order for therapeutic restraints shall be written unless
medical or mental health personnel, after personally
observing and examining the prisoner, are clinically
satisfied that the use of therapeutic restraints is
justified and permitted in accordance with hospital
policies and applicable State law. Metal handcuffs or
shackles are not considered therapeutic restraints.
(2) Whenever therapeutic restraints are used by
medical personnel, Section 2-108 of the Mental Health and
Developmental Disabilities Code shall apply.
(3) Leg irons, shackles or waist shackles shall not be
used on any pregnant or postpartum prisoner regardless of
security classification. Except for therapeutic restraints
under clause (b)(2), no restraints of any kind may be
applied to prisoners during labor.
(4) When a pregnant or postpartum prisoner must be
restrained, restraints used shall be the least restrictive
restraints possible to ensure the safety and security of
the prisoner, her child, unborn child, the staff of the
county department of corrections or medical facility,
other prisoners, or the public, and in no case shall
include leg irons, shackles or waist shackles.
(5) Upon the pregnant prisoner's entry into a hospital

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room, and completion of initial room inspection, a
corrections official shall be posted immediately outside
the hospital room, unless requested to be in the room by
medical personnel attending to the prisoner's medical
needs.
(6) The county department of corrections shall provide
adequate corrections personnel to monitor the pregnant
prisoner during her transport to and from the hospital and
during her stay at the hospital.
(7) Where the county department of corrections
requires prisoner safety assessments, a corrections
official may enter the hospital room to conduct periodic
prisoner safety assessments, except during a medical
examination or the delivery process.
(8) Upon discharge from a medical facility, postpartum
prisoners shall be restrained only with handcuffs in front
of the body during transport to the county department of
corrections. A corrections official shall immediately
remove all security restraints upon written or oral request
by medical personnel. Oral requests made by medical
personnel shall be verified in writing as promptly as
reasonably possible.
(c) Enforcement. No later than 30 days before the end of
each fiscal year, the county sheriff or corrections official of
the correctional institution where a pregnant prisoner has been
restrained during that previous fiscal year, shall submit a

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written report to the Illinois General Assembly and the Office
of the Governor that includes an account of every instance of
prisoner restraint pursuant to this Section. The written report
shall state the date, time, location and rationale for each
instance in which restraints are used. The written report shall
not contain any individually identifying information of any
prisoner. Such reports shall be made available for public
inspection.
(Source: P.A. 99-581, eff. 1-1-17; 100-513, eff. 1-1-18.)
(55 ILCS 5/3-15003.7 new)
Sec. 3-15003.7. Corrections official training related to
pregnant prisoners.
(a) A county department of corrections shall provide
training relating to medical and mental health care issues
applicable to pregnant prisoners to:
(1) each corrections official employed by a county
department at a correctional institution in which female
prisoners are confined; and
(2) any other county department of corrections
employee whose duties involve contact with pregnant
prisoners.
(b) The training must include information regarding:
(1) appropriate care for pregnant prisoners; and
(2) the impact on a pregnant prisoner and the
prisoner's unborn child of:

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(A) the use of restraints;
(B) placement in administrative segregation; and
(C) invasive searches.
(55 ILCS 5/3-15003.8 new)
Sec. 3-15003.8. Educational programing for pregnant
prisoners. A county department of corrections shall develop and
provide to each pregnant prisoner educational programming
relating to pregnancy and parenting. The programming must
include instruction regarding:
(1) appropriate prenatal care and hygiene;
(2) the effects of prenatal exposure to alcohol and drugs
on a developing fetus;
(3) parenting skills; and
(4) medical and mental health issues applicable to
children.
(55 ILCS 5/3-15003.9 new)
Sec. 3-15003.9. Prisoner post-partum recovery
requirements. A county department of corrections shall ensure
that, for a period of 72 hours after the birth of an infant by a
prisoner:
(1) the infant is allowed to remain with the prisoner,
unless a medical professional determines doing so would
pose a health or safety risk to the prisoner or infant; and
(2) the prisoner has access to any nutritional or

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hygiene-related products necessary to care for the infant,
including diapers.
(55 ILCS 5/3-15003.10 new)
Sec. 3-15003.10. Housing requirements applicable to
pregnant prisoners.
(a) A county department of corrections may not place in
administrative segregation a prisoner who is pregnant or who
gave birth during the preceding 30 days unless the director of
the county department of corrections or the director's designee
determines that the placement is necessary based on a
reasonable belief that the prisoner will harm herself, the
prisoner's infant, or any other person or will attempt escape.
(b) A county department of corrections may not assign a
pregnant prisoner to any bed that is elevated more than 3 feet
above the floor.
Section 10. The Unified Code of Corrections is amended by
adding Sections 3-6-7.1, 3-6-7.2, 3-6-7.3, and 3-6-7.4 as
follows:
(730 ILCS 5/3-6-7.1 new)
Sec. 3-6-7.1. Correctional officer training related to
pregnant committed persons.
(a) The Department shall provide training relating to
medical and mental health care issues applicable to pregnant

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committed persons to:
(1) each correctional officer employed by the
Department at a correctional institution or facility in
which female committed persons are confined; and
(2) any other Department employee whose duties involve
contact with pregnant committed persons.
(b) The training must include information regarding:
(1) appropriate care for pregnant committed persons;
and
(2) the impact on a pregnant committed person and the
committed person's unborn child of:
(A) the use of restraints;
(B) placement in administrative segregation; and
(C) invasive searches.
(730 ILCS 5/3-6-7.2 new)
Sec. 3-6-7.2. Educational programing for pregnant
committed persons. The Department shall develop and provide to
each pregnant committed person educational programming
relating to pregnancy and parenting. The programming must
include instruction regarding:
(1) appropriate prenatal care and hygiene;
(2) the effects of prenatal exposure to alcohol and drugs
on a developing fetus;
(3) parenting skills; and
(4) medical and mental health issues applicable to

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children.
(730 ILCS 5/3-6-7.3 new)
Sec. 3-6-7.3. Committed person post-partum recovery
requirements. The Department shall ensure that, for a period of
72 hours after the birth of an infant by an committed person:
(1) the infant is allowed to remain with the committed
person, unless a medical professional determines doing so
would pose a health or safety risk to the committed person
or infant; and
(2) the committed person has access to any nutritional
or hygiene-related products necessary to care for the
infant, including diapers.
(730 ILCS 5/3-6-7.4 new)
Sec. 3-6-7.4. Housing requirements applicable to pregnant
committed persons.
(a) The Department may not place in administrative
segregation a committed person who is pregnant or who gave
birth during the preceding 30 days unless the Director or the
Director's designee determines that the placement is necessary
based on a reasonable belief that the committed person will
harm herself, the committed person's infant, or any other
person or will attempt escape.
(b) The Department may not assign a pregnant committed
person to any bed that is elevated more than 3 feet above the

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floor.
Section 15. The County Jail Act is amended by adding
Sections 17.6, 17.7, 17.8, and 17.9 as follows:
(730 ILCS 125/17.6 new)
Sec. 17.6. Sheriff training related to pregnant prisoners.
(a) The sheriff shall provide training relating to medical
and mental health care issues applicable to pregnant prisoners
confined in the county jail to:
(1) each correctional officer employed by the sheriff
at the county jail in which female committed persons are
confined; and
(2) any other sheriff employee whose duties involve
contact with pregnant prisoners.
(b) The training must include information regarding:
(1) appropriate care for pregnant prisoners; and
(2) the impact on a pregnant prisoner and the
prisoner's unborn child of:
(A) the use of restraints;
(B) placement in administrative segregation; and
(C) invasive searches.
(730 ILCS 125/17.7 new)
Sec. 17.7. Educational programing for pregnant prisoners.
The sheriff shall develop and provide to each pregnant prisoner

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educational programming relating to pregnancy and parenting.
The programming must include instruction regarding:
(1) appropriate prenatal care and hygiene;
(2) the effects of prenatal exposure to alcohol and drugs
on a developing fetus;
(3) parenting skills; and
(4) medical and mental health issues applicable to
children.
(730 ILCS 125/17.8 new)
Sec. 17.8. Prisoner post-partum recovery requirements. The
sheriff shall ensure that, for a period of 72 hours after the
birth of an infant by a prisoner:
(1) the infant is allowed to remain with the prisoner,
unless a medical professional determines doing so would
pose a health or safety risk to the prisoner or infant; and
(2) the prisoner has access to any nutritional or
hygiene-related products necessary to care for the infant,
including diapers.
(730 ILCS 125/17.9 new)
Sec. 17.9. Housing requirements applicable to pregnant
prisoners.
(a) The sheriff may not place in administrative segregation
a prisoner who is pregnant or who gave birth during the
preceding 30 days unless the sheriff or the sheriff's designee

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determines that the placement is necessary based on a
reasonable belief that the prisoner will harm herself, the
prisoner's infant, or any other person or will attempt escape.
(b) The sheriff may not assign a pregnant committed person
to any bed that is elevated more than 3 feet above the floor.
Section 99. Effective date. This Act takes effect January
1, 2021.
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INDEX
Statutes amended in order of appearance