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  • Summary date: Mar 30 2015 - View Summary

    Enacts new Article 84C, Treatment of Pregnant Prisoners and Detainees, in GS Chapter 15A.  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, and postpartum recovery unless the corrections official determines that the prisoner or detainee presents an extraordinary circumstance, except that: (1) if a health professional treating the prisoner or detainee requests that restraints not be used, the corrections officer accompanying the prisoner or detainee must immediately remove all restraints and (2) under no circumstances can leg or waist restraints be used on any prisoner or detainee who is in labor or delivery. Specifies conditions that must be met if restraints are used. Allows any person who has been restrained in violation of the Article to file a complaint within two years of the occurrence. Allows the complainant to sue in superior court if the complainant is no longer in the custody of the correctional institution, has exhausted the correctional institution's established grievance procedures or protocols, or the correctional institution has not responded to a complaint within 120 days. Creates civil liability for any correctional institution violating the Article and allows awarding of punitive damages per incident and attorneys' fees, litigation costs, and compensatory damages. Requires the prisoners and detainees to be notified of the rules adopted under this Article upon admission to the correctional institution. Requires the Division of Adult Correction, and any local confinement facility, as applicable, to report to the Joint Legislative Oversight Committee on Justice and Public Safety by May 1 of each year on every instance in which a pregnant prisoner or detainee has been subjected to the use of restraints.

    Requires all correctional facilities to develop the required rules within 30 days of the act becoming law; requires informing prisoners and detainees of those rules within 60 days of the date that the act becomes law.