Printer-friendly: Click to view
  • Summary date: May 31 2018 - View Summary

    Identical to S 786, filed 5/30/18.

    Enacts new Artice 84C, Treatment of Pregnant Prisoners and Detainees, in GS Chapter 15A. 

    Prohibits a correctional institution (defined as any unit of the State prison system, local confinement facility, juvenile detention facility, or other entity under the authority of any State or local law enforcement agency that has the power to detain or restrain a person under the laws of this State) 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 determines that the prisoner or detainee presents an extraordinary circumstance. Defines an extraordinary circumstance as when there has been an individualized determination that restraints are necessary to prevent the woman from injuring herself or others and cannot reasonably be restrained by other means, including the use of additional personnel.

    Specifies that, despite a determination that there are extraordinary circumstances, if the 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. Also prohibits using leg or waist restraints on any prisoner or detainee who is in labor or delivery under any circumstances.

    Requires that if restraints are used, the type of restraint applied and the application of the restraint must be accomplished in the least restrictive manner necessary, and requires the corrections official to make written findings within 10 days as to the extraordinary circumstance that dictated the use of the restraints. Requires the findings  to be kept on file for at least five years and be made available for public inspection. 

    Requires all correctional facilities in the State to develop the rules mandated under this act within 30 days of the date this act becomes law and to inform prisoners and detainees within their custody of those rules within 60 days of the date this act becomes law.

    Appropriates $250,000 for 2018-19 from the General Fund to the Department of Public Safety, Division of Adult Correction and Juvenile Justice, to be allocated to policy implementation, education, and training of the procedures outlined in the act.

    Effective July 1, 2018.