Section 1058.5 - Restraints and Pregnant PersonsThe facility administrator, in cooperation with the responsible physician, shall develop written policies and procedures for the use of restraint devices on pregnant people. In accordance with Penal Code Section 3407, the policy shall include reference to the following:
(1) An incarcerated person known to be pregnant or in recovery after delivery or termination of the pregnancy shall not be restrained by the use of leg or waist restraints, or handcuffs behind the body.(2) An incarcerated pregnant person in labor, during delivery, or in recovery after delivery or termination of the pregnancy, shall not be restrained by the wrists, ankles, or both, unless deemed necessary for the safety and security of the incarcerated person, the staff, or the public.(3) Restraints shall be removed when a professional who is currently responsible for the medical care of an incarcerated pregnant person during a medical emergency, labor, delivery, or recovery after delivery or termination of the pregnancy determines that the removal of restraints is medically necessary.(4) Upon confirmation of an incarcerated person's pregnancy, they shall be advised, orally or in writing, of the standards and policies governing incarcerated pregnant people.Cal. Code Regs. Tit. 15, § 1058.5
1. New section filed 1-26-2017; operative 4-1-2017 (Register 2017, No. 4).
2. Amendment of section heading and section filed 11-17-2022; operative 1-1-2023 (Register 2022, No. 46). Note: Authority cited: Section 6030, Penal Code. Reference: Sections 3407 and 6030, Penal Code.
1. New section filed 1-26-2017; operative 4/1/2017 (Register 2017, No. 4).
2. Amendment of section heading and section filed 11-17-2022; operative 1/1/2023 (Register 2022, No. 46).