The treatment of a pregnant or postpartum person in prison or 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 pregnant and certain postpartum people who are in the custody of a correctional facility. Under the bill, a person who is known to be pregnant or who has given birth vaginally in the preceding 30 days or by cesarean section in the preceding 60 days may not be restrained unless all of the following apply: 1) 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; 2) 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; 3) there is no objection to the use of restraints by the treating medical care provider; and 4) any restraints used are the least restrictive possible under the circumstances. If a representative of a correctional institution does restrain a pregnant or postpartum person as provided in the bill, the representative must document in writing his or her compliance with the requirements for restraining such a person.

In addition, the bill requires that every woman in the custody of a correctional facility be offered testing for pregnancy, and asked whether she has given birth in the preceding 24 month or is lactating, 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

8 senators are its authors⁠. All 8 are Democrats.

23 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