This provision is identical to provisions in SB 905 (2024), the perfected SS/SB 82 (2023), and the perfected HCS/HB 719 (2023).
Under this act, all county and city jails shall be prohibited, except in extraordinary circumstances, from using restrains on a pregnant offender in her third trimester, including during transportation or labor, delivery, and 48 hours post-delivery. Pregnant offenders shall be transported in vehicles equipped with seatbelts. In cases of extraordinary circumstances requiring restraints to be used, the sheriff or jailer shall document in writing within 48 hours of the incident the reasons for the restraints used, as specified in the act.
If restraints are used, they shall be the least restrictive available and the most reasonable under the circumstances. No leg, ankle, or waist restraints or mechanical restraints shall be used and any wrist restraints used shall be placed in front of the offender's body.
Jails shall offer staff training on the provisions of this act and inform offenders of policies and practices developed under this act.
By January 1, 2025, all county and city jails shall develop specific procedures for intake and care of pregnant offenders, including maternal health evaluations, dietary supplements, nutritious meals, substance abuse treatment, HIV treatment, hepatitis C, sleeping arrangements, mental health; sanitary materials; postpartum recovery, and a requirement that a female medical professional be present during examinations.
These provisions are identical to provisions in SB 905 (2024) and HCS/SS/SB 900 (2024) and substantially similar to provisions in SCS/SB 803 (2018), HB 1002 (2017), and SB 180 (2017).
SARAH HASKINS