Bill Summary for S 777 (2019-2020)

Summary date: 

May 15 2020

Bill Information:

View NCGA Bill Details2019-2020 Session
Senate Bill 777 (Public) Filed Thursday, May 14, 2020
AN ACT TO CODIFY THE NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY POLICY THAT PROHIBITS THE RESTRAINT OF PREGNANT PRISONERS AND DETAINEES, TO ENACT THE INCARCERATED WOMEN INTERESTED IN LEARNING AND LIVING ACT TO PROVIDE FOR MAMMOGRAMS FOR INCARCERATED WOMEN, AND TO APPROPRIATE FUNDS.
Intro. by Smith.

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Bill summary

Enacts new Article 87, Treatment of Pregnant Prisoners and Detainees, in GS Chapter 15A, providing as follows. Sets out and defines terms used in the Article. Prohibits a correctional institution from using restraints on a prisoner or detainee known to be pregnant, including during labor, transport to a medical facility, delivery, postpartum recovery, and the postpartum period, unless the corrections official makes an individualized determination that the prisoner or detainee presents an extraordinary circumstance. Prohibits the use of leg or waist restraints on any prisoner or detainee who is in labor or delivery in any circumstances. Provides that if a health professional treating the prisoner or detainee requests that restraints not be used, the corrections officer must immediately remove all restraints. Sets out requirements for types of restraints to be used and required findings that are to be made in instances when restraints are used. Requires correctional facilities to inform all prisoners and detainees within the facilities' custody of the Article's provisions. Effective October 1, 2020.

Appropriates $250,000 in nonrecurring funds for 2020-21 from the General Fund to the Department of Public Safety (DPS), Division of Adult Correction and Juvenile Justice, for policy implementation, education, and training of the procedures described above. Effective July 1, 2020.

Requires the Division of Adult Correction to provide mammograms for women age 40 and over who are incarcerated in the State prison system.

Appropriates $150,000 in recurring funds for 2020-21 from the General Fund to DPS to provide housing assistance to female offenders reentering the community. Effective July 1, 2020.

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