Treatment of person in labor and postpartum person in prison and jail. (FE)

What it would have done

Summary by the Legislative Reference Bureau, the Legislature's nonpartisan drafting office. It's their wording, not ours.

This bill limits the use of physical restraints on people who are in labor and postpartum people who are in the custody of a correctional facility. Under the bill, a person in labor or a person who has given birth in the preceding three days may not be restrained unless there is a substantial flight risk or some other extraordinary medical or security circumstance that requires restraints to be used to ensure the safety and security of the person, the staff of the correctional or medical facility, other inmates, or the public; there has been an individualized determination that restraints are necessary to prevent escape or injury or ensure the safety and security of the person, the staff of the correctional or medical facility, other inmates, or the public; there is no objection to the use of restraints by the treating medical care provider; and any restraints used are the least restrictive possible under the circumstances.

In addition, the bill requires that every woman in the custody of a correctional facility be offered testing for pregnancy, and, if pregnant, be offered testing for sexually transmitted infections. The bill also requires the correctional facility where the pregnant or postpartum person is being confined to provide information related to pregnancy, labor, and the postpartum period, and to provide access to certain health services related to pregnancy, labor, and the postpartum period.

Who's behind it

10 senators are its authors⁠. All 10 are Democrats.

25 more lawmakers signed on in support⁠.

What it would cost

State agencies filed a cost estimate. Each opens as a PDF from the Legislature.

• Fiscal Estimate From DOC