Section 5911 - Postpartum recovery(a) Restraints during postpartum recovery.--No restraints shall be used on any incarcerated individual or detainee who has given birth within the last 30 days and is in postpartum recovery, unless the department or the Department of Human Services, as applicable, has a reasonable belief that the incarcerated individual or detainee will harm themselves, their newborn or another individual or pose a substantial risk of imminent flight. If restraints are used, the facility employee ordering the use of restraints on an incarcerated individual or detainee while in postpartum recovery shall submit a written report to the chief administrator of the facility within 72 hours following the use of the restraints, containing the justification for restraining the incarcerated individual or detainee during postpartum recovery. The report shall also be sent to the department or the Department of Human Services, as applicable.(b) Postdelivery bonding period.-- Following the delivery of a newborn and subject to hospital policies, including length of stay, the department or the Department of Human Services shall permit the child to remain with the mother at the hospital for up to 72 hours unless there is a reasonable belief that the child remaining with the mother presents a health or safety risk to the child.(c) 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: "Postpartum." The eight-week period, or longer as determined by the health care professional responsible for the health and safety of the incarcerated individual or detainee, following childbirth.
"Substantial risk of imminent flight." A showing of real and considerable risk of escaping by the incarcerated individual .
Added by P.L. TBD 2023 No. 47,§ 4, eff. 6/11/2024.