§ 42-56.3-3. Restraint of prisoners and detainees.
(a) Whenever the department of corrections has actual or constructive knowledge that a prisoner or detainee is in the second or third trimester of pregnancy, any restraints used on the pregnant prisoner or detainee shall be only those deemed medically appropriate.
(b) No handcuffs, shackles, or other restraints shall be used on a prisoner or detainee known to be pregnant during transport to a medical facility, labor, delivery, or postpartum recovery, unless there are compelling grounds to believe that the prisoner or detainee presents:
(1) An immediate and serious threat of physical harm to herself, staff or others; or
(2) A substantial flight risk and cannot be reasonably contained by other means.
(c) Notwithstanding the provisions of subsection (b):
(1) If the doctor, nurse, or other health professional treating the prisoner or detainee requests, based on his or her professional medical judgment, that restraints not be used, any correctional officer accompanying the prisoner or detainee shall immediately remove all restraints; provided further, however, that in the absence of exigent circumstances, as determined by the health professional, the medical director of the department of corrections shall first be consulted;
(2) Under no circumstances shall leg or waist restraints be used on any prisoner or detainee who is in labor or delivery, nor shall waist restraints be used under any circumstances during postpartum recovery; and
(3) Upon confirmation by the medical director of the department of corrections that a prisoner or detainee in postpartum recovery may be subject to restraint pursuant to subsection (b), the treating health professional shall, in consultation with the medical director, determine whether leg or hand restraints shall be used.
(d) If restraints are used on a prisoner or detainee pursuant to subsection (a) or (b), the type of restraint applied and the application of the restraint shall be done in the least restrictive manner necessary.
(e) If restraints are used on a prisoner or detainee pursuant to subsection (b), the correctional officer shall submit to the department within five (5) days written findings articulating the grounds that dictated the use of the restraints. These findings shall be kept on file and be made available for public inspection, except that no individually identifying information of any prisoner or detainee shall be made public without the prisoner or detainee’s written consent.
History of Section.
P.L. 2011, ch. 68, § 1; P.L. 2011, ch. 108, § 1.