Bill Text: IL SB3600 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the County Department of Corrections Law. In provisions about pregnant prisoners, modifies the definitions of "post-partum" and "correctional institution", including that "correctional institution" includes institutions in all counties (rather than only in counties more than 3,000,000 inhabitants). Modifies and removes provisions relating to security restraints on a prisoner who is pregnant or in postpartum recovery. Adds provisions relating to annual reports by sheriffs documenting the number of pregnant prisoners in custody each year and the number of people who deliver or miscarry while in custody, relating to county department of corrections providing informational materials concerning the laws pertaining to pregnant prisoners to any pregnant or postpartum prisoner, and relating to supplemental nutrition for prisoners who are pregnant or lactating. Amends the Unified Code of Corrections and the County Jail Act making similar changes. In the Unified Code of Corrections, also adds language relating to restraints of committed persons who are pregnant. Amends the Health Care Violence Prevention Act. In provisions relating to pregnant prisoners, removes a limitation on the provisions to pregnant prisoners in the custody of the Cook County. Provides that restraint of a pregnant prisoner shall comply with specified provisions of the Counties Code, the Unified Code of Corrections, and the County Jail Act (rather than only the Counties Code provisions).

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2024-02-09 - Referred to Assignments [SB3600 Detail]

Download: Illinois-2023-SB3600-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3600 Introduced 2/9/2024, by Sen. Mary Edly-Allen SYNOPSIS AS INTRODUCED:
55 ILCS 5/3-15003.6
55 ILCS 5/3-15003.8
55 ILCS 5/3-15003.9
55 ILCS 5/3-15003.11 new
210 ILCS 160/30
730 ILCS 5/3-6-0.5 new
730 ILCS 5/3-6-7
730 ILCS 5/3-6-7.2
730 ILCS 5/3-6-7.3
730 ILCS 5/3-6-7.5 new
730 ILCS 125/17.5
730 ILCS 125/17.7
730 ILCS 125/17.8
730 ILCS 125/17.11 new
Amends the County Department of Corrections Law. In provisions about pregnant prisoners, modifies the definitions of "post-partum" and "correctional institution", including that "correctional institution" includes institutions in all counties (rather than only in counties more than 3,000,000 inhabitants). Modifies and removes provisions relating to security restraints on a prisoner who is pregnant or in postpartum recovery. Adds provisions relating to annual reports by sheriffs documenting the number of pregnant prisoners in custody each year and the number of people who deliver or miscarry while in custody, relating to county department of corrections providing informational materials concerning the laws pertaining to pregnant prisoners to any pregnant or postpartum prisoner, and relating to supplemental nutrition for prisoners who are pregnant or lactating. Amends the Unified Code of Corrections and the County Jail Act making similar changes. In the Unified Code of Corrections, also adds language relating to restraints of committed persons who are pregnant. Amends the Health Care Violence Prevention Act. In provisions relating to pregnant prisoners, removes a limitation on the provisions to pregnant prisoners in the custody of the Cook County. Provides that restraint of a pregnant prisoner shall comply with specified provisions of the Counties Code, the Unified Code of Corrections, and the County Jail Act (rather than only the Counties Code provisions).
LRB103 38410 AWJ 68545 b
A BILL FOR
SB3600 LRB103 38410 AWJ 68545 b
AN ACT concerning government.
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
Sections 3-15003.6, 3-15003.8, and 3-15003.9 and by adding
Section 3-15003.11 as follows:
(55 ILCS 5/3-15003.6)
Sec. 3-15003.6. Pregnant female prisoners.
(a) Definitions. For the purpose of this Section and the
Sections preceding Section 3-15004 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 an
individual a woman is sent or brought to the hospital for
the purpose of delivering a her baby. These situations
include: induction of labor, prodromal labor, pre-term

SB3600 - 2 - LRB103 38410 AWJ 68545 b
labor, prelabor rupture of membranes, the 3 stages of
active labor, uterine hemorrhage during the third
trimester of pregnancy, and caesarian delivery including
pre-operative preparation.
(3) "Postpartum" means the 6-week period following
birth unless determined to be a longer period by a
physician, advanced practice registered nurse, or
physician assistant. "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

SB3600 - 3 - LRB103 38410 AWJ 68545 b
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 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 or otherwise
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, the prisoner's 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.

SB3600 - 4 - LRB103 38410 AWJ 68545 b
(1) Qualified authorized health staff shall have the
authority to order therapeutic restraints for a pregnant
or postpartum prisoner who is a danger to the prisoner,
the prisoner's herself, her child, unborn child, or other
persons due to a psychiatric or medical disorder.
Therapeutic restraints may only be 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

SB3600 - 5 - LRB103 38410 AWJ 68545 b
restraints possible to ensure the safety and security of
the prisoner, the prisoner's 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
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 the prisoner's her transport to and from
the hospital and during the prisoner's 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) (Blank). 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

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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 or postpartum
prisoner has been restrained during that previous fiscal year,
shall submit a 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.
(d) Data reporting. No later than 30 days before the end of
each fiscal year, each county sheriff shall submit a written
report to the Illinois General Assembly and the Office of the
Governor that includes the number of pregnant prisoners in
custody each year and the number of people who deliver or
miscarry while in custody. The written report shall not
contain any individually identifying information of a
prisoner. The written report shall be made available for
public inspection.
(Source: P.A. 100-513, eff. 1-1-18; 101-652, eff. 7-1-21.)

SB3600 - 7 - LRB103 38410 AWJ 68545 b
(55 ILCS 5/3-15003.8)
Sec. 3-15003.8. Educational programming for pregnant
prisoners.
(a) The Illinois Department of Public Health shall provide
the county department of corrections with educational
programming relating to pregnancy and parenting and the county
department of corrections shall provide the programming to
pregnant prisoners. 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.
(b) Each county department of corrections shall provide
written informational materials concerning the laws pertaining
to pregnant prisoners to any pregnant or postpartum
individual. The Department of Public Health shall provide
these informational materials to the warden of the county
department of corrections at no cost to the county and the
county may accept informational materials from community-based
organizations specializing in the rights of pregnant
prisoners. The informational materials must include
information regarding:
(1) the prohibition against the use of restraints;

SB3600 - 8 - LRB103 38410 AWJ 68545 b
(2) rules concerning the treatment of pregnant
prisoners, including those relating to bed height and
supplemental nutrition;
(3) the right to spend time with a child following
delivery;
(4) the requirement to provide educational
programming;
(5) all rights under the Reproductive Health Act;
(6) the procedure for obtaining an abortion, if so
desired;
(7) any new or additional laws concerning the rights
of pregnant prisoners; and
(8) address or contact information for community
organizations specializing in the rights of pregnant
prisoners for questions or concerns.
(c) Each county department of corrections must also post
informational flyers wherever pregnant prisoners may be
housed.
(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21.)
(55 ILCS 5/3-15003.9)
Sec. 3-15003.9. Prisoner postpartum 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,

SB3600 - 9 - LRB103 38410 AWJ 68545 b
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.
(Source: P.A. 101-652, eff. 7-1-21.)
(55 ILCS 5/3-15003.11 new)
Sec. 3-15003.11. Supplemental nutrition during pregnancy
or lactation. A prisoner who is pregnant or lactating,
including a prisoner who is nursing a baby or pumping
breastmilk, shall be provided supplemental nutrition of at
least 300 calories per day. This supplemental nutrition shall
be in addition to any regularly provided food and shall be
available outside of regular mealtimes.
Section 10. The Health Care Violence Prevention Act is
amended by changing Section 30 as follows:
(210 ILCS 160/30)
Sec. 30. Medical care for committed persons.
(a) If a committed person receives medical care and
treatment at a place other than an institution or facility of
the Department of Corrections, a county, or a municipality,
then the institution or facility shall:
(1) to the greatest extent practicable, notify the

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hospital or medical facility that is treating the
committed person prior to the committed person's visit and
notify the hospital or medical facility of any significant
medical, mental health, recent violent actions, or other
safety concerns regarding the patient;
(2) to the greatest extent practicable, ensure the
transferred committed person is accompanied by the most
comprehensive medical records possible;
(3) provide at least one guard trained in custodial
escort and custody of high-risk committed persons to
accompany any committed person. The custodial agency shall
attest to such training for custodial escort and custody
of high-risk committed persons through: (A) the training
of the Department of Corrections, Department of Juvenile
Justice, or Illinois State Police; (B) law enforcement
training that is substantially equivalent to the training
of the Department of Corrections, Department of Juvenile
Justice, or Illinois State Police; or (C) the training
described in Section 35. Under no circumstances may leg
irons or shackles or waist shackles be used on any
pregnant female prisoner who is in labor. In addition,
restraint of a pregnant female prisoner in the custody of
the Cook County shall comply with Section 3-15003.6 of the
Counties Code. Additionally, restraints shall not be used
on a committed person if medical personnel determine that
the restraints would impede medical treatment; and

SB3600 - 11 - LRB103 38410 AWJ 68545 b
(4) ensure that only medical personnel, Department of
Corrections, county, or municipality personnel, and
visitors on the committed person's approved institutional
visitors list may visit the committed person. Visitation
by a person on the committed person's approved
institutional visitors list shall be subject to the rules
and procedures of the hospital or medical facility and the
Department of Corrections, county, or municipality. In any
situation in which a committed person is being visited:
(A) the name of the visitor must be listed per the
facility's or institution's documentation;
(B) the visitor shall submit to the search of his
or her person or any personal property under his or her
control at any time; and
(C) the custodial agency may deny the committed
person access to a telephone or limit the number of
visitors the committed person may receive for purposes
of safety.
If a committed person receives medical care and treatment
at a place other than an institution or facility of the
Department of Corrections, county, or municipality, then the
custodial agency shall ensure that the committed person is
wearing security restraints in accordance with the custodial
agency's rules and procedures if the custodial agency
determines that restraints are necessary for the following
reasons: (i) to prevent physical harm to the committed person

SB3600 - 12 - LRB103 38410 AWJ 68545 b
or another person; (ii) because the committed person has a
history of disruptive behavior that has placed others in
potentially harmful situations or presents a substantial risk
of inflicting physical harm on himself or herself or others as
evidenced by recent behavior; or (iii) there is a well-founded
belief that the committed person presents a substantial risk
of flight. Under no circumstances may leg irons or shackles or
waist shackles be used on any pregnant female prisoner who is
in labor. In addition, restraint of a pregnant female prisoner
in the custody of the Cook County shall comply with Section
3-15003.6 of the Counties Code.
The hospital or medical facility may establish protocols
for the receipt of committed persons in collaboration with the
Department of Corrections, county, or municipality,
specifically with regard to potentially violent persons.
(b) If a committed person receives medical care and
treatment at a place other than an institution or facility of
the Department of Juvenile Justice, then the institution or
facility shall:
(1) to the greatest extent practicable, notify the
hospital or medical facility that is treating the
committed person prior to the committed person's visit,
and notify the hospital or medical facility of any
significant medical, mental health, recent violent
actions, or other safety concerns regarding the patient;
(2) to the greatest extent practicable, ensure the

SB3600 - 13 - LRB103 38410 AWJ 68545 b
transferred committed person is accompanied by the most
comprehensive medical records possible;
(3) provide: (A) at least one guard trained in
custodial escort and custody of high-risk committed
persons to accompany any committed person. The custodial
agency shall attest to such training for custodial escort
and custody of high-risk committed persons through: (i)
the training of the Department of Corrections, Department
of Juvenile Justice, or Illinois State Police, (ii) law
enforcement training that is substantially equivalent to
the training of the Department of Corrections, Department
of Juvenile Justice, or Illinois State Police, or (iii)
the training described in Section 35; or (B) 2 guards to
accompany the committed person at all times during the
visit to the hospital or medical facility; and
(4) ensure that only medical personnel, Department of
Juvenile Justice personnel, and visitors on the committed
person's approved institutional visitors list may visit
the committed person. Visitation by a person on the
committed person's approved institutional visitors list
shall be subject to the rules and procedures of the
hospital or medical facility and the Department of
Juvenile Justice. In any situation in which a committed
person is being visited:
(A) the name of the visitor must be listed per the
facility's or institution's documentation;

SB3600 - 14 - LRB103 38410 AWJ 68545 b
(B) the visitor shall submit to the search of his
or her person or any personal property under his or her
control at any time; and
(C) the custodial agency may deny the committed
person access to a telephone or limit the number of
visitors the committed person may receive for purposes
of safety.
If a committed person receives medical care and treatment
at a place other than an institution or facility of the
Department of Juvenile Justice, then the Department of
Juvenile Justice shall ensure that the committed person is
wearing security restraints on either his or her wrists or
ankles in accordance with the rules and procedures of the
Department of Juvenile Justice if the Department of Juvenile
Justice determines that restraints are necessary for the
following reasons: (i) to prevent physical harm to the
committed person or another person; (ii) because the committed
person has a history of disruptive behavior that has placed
others in potentially harmful situations or presents a
substantial risk of inflicting physical harm on himself or
herself or others as evidenced by recent behavior; or (iii)
there is a well-founded belief that the committed person
presents a substantial risk of flight. Any restraints used on
a committed person under this paragraph shall be the least
restrictive restraints necessary to prevent flight or physical
harm to the committed person or another person. Restraints

SB3600 - 15 - LRB103 38410 AWJ 68545 b
shall not be used on the committed person as provided in this
paragraph if medical personnel determine that the restraints
would impede medical treatment. Under no circumstances may leg
irons or shackles or waist shackles be used on any pregnant
female prisoner who is in labor. In addition, restraint of a
pregnant female prisoner in the custody of the Cook County
shall comply with Section 3-15003.6 of the Counties Code.
The hospital or medical facility may establish protocols
for the receipt of committed persons in collaboration with the
Department of Juvenile Justice, specifically with regard to
persons recently exhibiting violence.
(Source: P.A. 102-538, eff. 8-20-21.)
Section 15. The Unified Code of Corrections is amended by
changing Sections 3-6-7, 3-6-7.2, and 3-6-7.3 and by adding
Sections 3-6-0.5 and 3-6-7.5 as follows:
(730 ILCS 5/3-6-0.5 new)
Sec. 3-6-0.5. Definitions. As used in this Section and
Sections 3-6-7, 3-6-7.2, 3-6-7.3, and 3-6-7.4:
"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 committed person, the staff of the
correctional institution or medical facility, other committed
persons, or the public.

SB3600 - 16 - LRB103 38410 AWJ 68545 b
"Labor" means the period of time before a birth and shall
include any medical condition in which an individual is sent
or brought to the hospital for the purpose of delivering a
baby. These situations include: induction of labor, prodromal
labor, pre-term labor, prelabor rupture of membranes, the 3
stages of active labor, uterine hemorrhage during the third
trimester of pregnancy, and caesarian delivery, including
pre-operative preparation.
"Postpartum" means the 6-week period following birth
unless determined to be a longer period by a physician,
advanced practice registered nurse, or physician assistant.
"Restraints" means any physical restraint or mechanical
device used to control the movement of a committed person'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.
(730 ILCS 5/3-6-7)
Sec. 3-6-7. Pregnant female committed persons.
(a) The Department shall not apply security restraints to
a committed person that has been determined by a qualified
medical professional to be pregnant or otherwise is known by
the Department to be pregnant or in postpartum recovery,
unless the correctional official makes an individualized
determination that the committed person presents a substantial

SB3600 - 17 - LRB103 38410 AWJ 68545 b
flight risk or some other extraordinary circumstance that
dictates security restraints be used to ensure the safety and
security of the committed person, the committed person's child
or unborn child, the staff of the Department or medical
facility, other committed persons, or the public. The
protections set out in paragraphs (3) and (4) of this Section
shall apply to security restraints used as provided in this
subsection. The correctional officer employed by the
Department 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 committed person who is a danger to the
committed person, the committed person's child, unborn
child, or other persons due to a psychiatric or medical
disorder. Therapeutic restraints may only be initiated,
monitored, and discontinued by qualified and authorized
health staff and used to safely limit a committed person'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 committed person, are clinically satisfied
that the use of therapeutic restraints is justified and
permitted in accordance with hospital policies and

SB3600 - 18 - LRB103 38410 AWJ 68545 b
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 committed person
regardless of security classification. Except for
therapeutic restraints under paragraph (2) of subsection
(b), no restraints of any kind may be applied to committed
persons during labor.
(4) When a pregnant or postpartum committed person
must be restrained, restraints used shall be the least
restrictive restraints possible to ensure the safety and
security of the committed person, the committed person's
child, unborn child, the staff of the Department or
medical facility, other committed persons, or the public,
and in no case shall include leg irons, shackles, or waist
shackles.
(5) Upon the pregnant committed person's entry into a
hospital room, and completion of initial room inspection,
a correctional officer shall be posted immediately outside
the hospital room unless requested to be in the room by
medical personnel attending to the committed person's
medical needs.
(6) The Department shall provide adequate corrections

SB3600 - 19 - LRB103 38410 AWJ 68545 b
personnel to monitor the pregnant committed person during
the committed person's transport to and from the hospital
and during the committed person's stay at the hospital.
(7) Where the correctional institution or facility
requires committed person safety assessments, a
correctional official may enter the hospital room to
conduct periodic committed person safety assessments,
except during a medical examination or the delivery
process.
(b) No later than 30 days before the end of each fiscal
year, the Department shall submit a written report to the
Illinois General Assembly and the Office of the Governor that
includes an account of every instance of committed person
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
committed person. Such reports shall be made available for
public inspection.
(c) No later than 30 days before the end of each fiscal
year, the Department shall submit a written report to the
Illinois General Assembly and the Office of the Governor that
includes the number of pregnant committed persons in custody
each year and the number of people who deliver or miscarry
while in custody. The written report shall not contain any
individually identifying information of a prisoner. The

SB3600 - 20 - LRB103 38410 AWJ 68545 b
written report shall be made available for public inspection
Notwithstanding any other statute, directive, or
administrative regulation, when a pregnant female committed
person is brought to a hospital from an Illinois correctional
center for the purpose of delivering her baby, no handcuffs,
shackles, or restraints of any kind may be used during her
transport to a medical facility for the purpose of delivering
her baby. Under no circumstances may leg irons or shackles or
waist shackles be used on any pregnant female committed person
who is in labor. Upon the pregnant female committed person's
entry to the hospital delivery room, a correctional officer
must be posted immediately outside the delivery room. The
Department must provide for adequate personnel to monitor the
pregnant female committed person during her transport to and
from the hospital and during her stay at the hospital.
(Source: P.A. 91-253, eff. 1-1-00.)
(730 ILCS 5/3-6-7.2)
Sec. 3-6-7.2. Educational programming and information for
pregnant committed persons.
(a) 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

SB3600 - 21 - LRB103 38410 AWJ 68545 b
drugs on a developing fetus;
(3) parenting skills; and
(4) medical and mental health issues applicable to
children.
(b) The Department shall provide informational materials
concerning the laws pertaining to pregnant committed persons
to any pregnant or postpartum individual. The Department of
Public Health and community-based organizations specializing
in the rights of pregnant committed persons shall provide
these information materials to the warden at no cost to the
county. The informational materials must include information
regarding:
(1) the prohibition against the use of restraints;
(2) rules concerning the treatment of pregnant
committed persons, including those relating to bed height
and supplemental nutrition;
(3) the right to spend time with a child following
delivery;
(4) the requirement to provide educational
programming;
(5) all rights under the Reproductive Health Act;
(6) the procedure for obtaining an abortion, if so
desired;
(7) any new or additional laws concerning the rights
of pregnant committed persons; and
(8) address or contact information for community

SB3600 - 22 - LRB103 38410 AWJ 68545 b
organizations specializing in the rights of pregnant
committed persons for questions or concerns;
(c) The Department must also post informational flyers
wherever pregnant committed persons may be housed.
(Source: P.A. 101-652, eff. 7-1-21; 102-813, eff. 5-13-22.)
(730 ILCS 5/3-6-7.3)
Sec. 3-6-7.3. Committed person postpartum post-partum
recovery requirements. The Department shall ensure that, for a
period of 72 hours after the birth of an infant by a 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 based on information only available to the
Department. The mental health professional shall make any
such determination on an individualized basis and in
consultation with the birthing team of the pregnant person
and the Chief of the Women's Division. The birthing team
shall include the committed person's perinatal care
providers and doula, if available; and
(2) the committed person has access to any nutritional
or hygiene-related products necessary to care for the
infant, including diapers.
(Source: P.A. 102-28, eff. 6-25-21; 103-154, eff. 6-30-23.)

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(730 ILCS 5/3-6-7.5 new)
Sec. 3-6-7.5. Supplemental nutrition during pregnancy or
lactation. A committed person who is pregnant or lactating,
including a committed person who is nursing a baby or pumping
breastmilk, shall be provided supplemental nutrition of at
least 300 calories per day. This supplemental nutrition shall
be in addition to any regularly provided food and shall be
available outside of regular mealtimes.
Section 20. The County Jail Act is amended by changing
Sections 17.5, 17.7, and 17.8 and by adding Section 17.11 as
follows:
(730 ILCS 125/17.5)
Sec. 17.5. Pregnant female prisoners. Restraint of a
pregnant or postpartum prisoner shall comply with Section
3-15003.6 of the County Department of Corrections Law
Notwithstanding any other statute, directive, or
administrative regulation, when a pregnant female prisoner is
brought to a hospital from a county jail for the purpose of
delivering her baby, no handcuffs, shackles, or restraints of
any kind may be used during her transport to a medical facility
for the purpose of delivering her baby. Under no circumstances
may leg irons or shackles or waist shackles be used on any
pregnant female prisoner who is in labor. In addition,
restraint of a pregnant female prisoner in the custody of the

SB3600 - 24 - LRB103 38410 AWJ 68545 b
Cook County shall comply with Section 3-15003.6 of the
Counties Code. Upon the pregnant female prisoner's entry to
the hospital delivery room, 2 county correctional officers
must be posted immediately outside the delivery room. The
Sheriff must provide for adequate personnel to monitor the
pregnant female prisoner during her transport to and from the
hospital and during her stay at the hospital.
(Source: P.A. 100-1051, eff. 1-1-19.)
(730 ILCS 125/17.7)
Sec. 17.7. Educational programming and information for
pregnant prisoners.
(a) The Illinois Department of Public Health shall provide
the sheriff with educational programming relating to pregnancy
and parenting and the sheriff shall provide the programming to
pregnant prisoners. 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.
(b) Each sheriff shall provide informational materials
concerning the laws pertaining to pregnant prisoners to any
pregnant or postpartum individual. The Department of Public

SB3600 - 25 - LRB103 38410 AWJ 68545 b
Health shall provide these informational materials to the
warden of the sheriff at no cost to the county and the county
may accept informational materials from community-based
organizations specializing in the rights of pregnant
prisoners. The informational materials must include
information regarding:
(1) the prohibition against the use of restraints;
(2) rules concerning the treatment of pregnant
prisoners, including those relating to bed height and
supplemental nutrition;
(3) the right to spend time with a child following
delivery;
(4) the requirement to provide educational
programming;
(5) all rights under the Reproductive Health Act;
(6) the procedure for obtaining an abortion, if so
desired;
(7) any new or additional laws concerning the rights
of pregnant prisoners; and
(8) address or contact information for community
organizations specializing in the rights of pregnant
prisoners
for questions or concerns.
(c) Each sheriff must also post informational flyers
wherever pregnant prisoners may be housed.
(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21.)

SB3600 - 26 - LRB103 38410 AWJ 68545 b
(730 ILCS 125/17.8)
Sec. 17.8. Prisoner postpartum 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.
(Source: P.A. 101-652, eff. 7-1-21.)