Section 5905 - Healthy birth for incarcerated women(a) Duties of correctional institution.--Consistent with established policy and practice, it shall be the duty and responsibility of the correctional institution to provide adequate personnel to monitor the pregnant incarcerated individual or detainee during transport to and from the medical facility and during her stay at the medical facility.(b) Restraint of pregnant incarcerated individuals and detainees.-- (1) Unless provided in paragraph (2), a correctional institution shall not apply restraints, including handcuffs, to an incarcerated individual or detainee known to be pregnant during any stage of labor or any period of postpartum as defined in section 1104(f) (relating to State recording system relating to pregnant and postpartum incarcerated individuals or detainees).(2) Paragraph (1) shall not bar reasonable restraint provided the correctional institution staff assigned to the incarcerated individual or detainee makes an individualized determination that the incarcerated individual or detainee presents a substantial risk of imminent flight or some other extraordinary medical or security circumstance dictates that the incarcerated individual or detainee be restrained to ensure the safety and security of the incarcerated individual or detainee, the staff of the correctional institution or medical facility, other incarcerated individuals or detainees or the public. The assigned correctional institution staff shall report the incident to the correctional institution in a reasonable amount of time after the restraint occurs. In the case of any use of restraints on a pregnant or postpartum incarcerated individual by an individual or entity that is not employed by the correctional institution but is transporting the pregnant or postpartum incarcerated individual on behalf of the correctional institution, the individual or entity shall report the restraint to the correctional institution in a reasonable amount of time after the incident occurs. The reporting requirement shall not apply to a law enforcement agency unless the law enforcement agency is transporting pregnant or postpartum incarcerated individuals on behalf of the correctional institution.(3) If restraint is applied under paragraph (2), at no time shall the incarcerated individual or detainee be left unattended by a correctional institution staff with the ability to release the restraint should a release become medically necessary.(4) When a restraint is permitted under this section, a correctional institution shall use the least restrictive restraint necessary when the facility has actual or constructive knowledge that an incarcerated individual or detainee is in the second or third trimester of pregnancy.(c)Restraints.--The following shall apply to an incarcerated individual or detainee who has been restrained under this subsection:(1) The correctional institution staff accompanying the incarcerated individual or detainee shall promptly remove all restraints upon request of a doctor, nurse or other health care professional.(2) Leg or waist restraints shall not be used on any incarcerated individual or detainee who is in labor.(3) The type of restraint applied and the application of the restraint shall be done in the least restrictive manner possible.(d)[Repealed by 2023 Amendment.](e) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise: "Correctional institution." Any entity under the authority of the State or any county or municipality that has the power to detain and restrain a person under the laws of this Commonwealth. The term does not include an entity operated, supervised or licensed by the Department of Human Services under the act of June 13, 1967 (P.L.31, No.21), known as the Human Services Code.
"Detainee." Includes any person detained under the immigration laws of the United States at any correctional facility.
"Incarcerated individual." An individual incarcerated or detained in a correctional institution who is accused of, convicted of or sentenced for violations of criminal law or the terms and conditions of parole, probation, pretrial release or a diversionary program.
"Restraint." Any physical hold or mechanical device used to control the movement of an incarcerated individual's or detainee's body or limbs or both.
Amended by P.L. (number not assigned at time of publication) 2024 No. 114,§ 6, eff. 10/29/2024.Amended by P.L. TBD 2023 No. 47,§ 3, eff. 6/11/2024.2010, July 2, P.L. 275, No. 45, §1, effective in 60 days [ 8/31/2010].