AN ACT TO PROMOTE THE DIGNITY OF WOMEN WHO ARE INCARCERATED. SL 2021-143. Enacted Sept. 10, 2021. Effective Dec. 1, 2021.
Summary date: Sep 13 2021 - More information
Summary date: Aug 18 2021 - More information
Senate committee substitute to the 2nd edition makes the following changes.
Organizes the act into three Parts. Part I. titles the act as the Dignity for Women who are Incarcerated Act.
Part II. organizes the provisions set forth in previously proposed new Article 83A in GS Chapter 15A, as new Article 2B of GS Chapter 148, and titles the Article as Dignity for Women Incarcerated in Prison Facilities. Makes the following changes to the proposed Article. Amends the defined terms correctional facility and correctional facility employee to no longer include local confinement facilities or other entities under the authority of local law enforcement agencies, or employees of those entities. Makes organizational changes to consolidate the statutes regarding care for female incarcerated persons related to pregnancy, childbirth, and postpartum recovery. Now explicitly prohibits Department of Public Safety (DPS) and correctional facility employees from applying restraints on a pregnant female incarcerated person during the second and third trimester of pregnancy, during labor and delivery, and during the post-partum recovery period; no longer specifies the types of restraint prohibited. Eliminates the time period specified for the postpartum recovery period (was, six-week postpartum recovery period). Prohibits a correctional facility employee, other than a certified health care professional, from conducting body cavity searches of a female incarcerated person who is pregnant or in the postpartum recovery period unless the correctional facility employee has probable cause to believe that the female incarcerated person is concealing contraband that presents an immediate threat of harm (was, threat of harm) to the female incarcerated person, the fetus, or another person. Adds a new provision to require an employee that denies visitation to an incarcerated mother as provided by the statute to submit a written report to the warden or administrator of the correctional facility within five days following the denial providing the justification for the denial. Now requires the warden or administrator to compile a monthly summary of all written reports received pursuant to the consolidated statute and GS 148-25.3 (was, GS 15A-1360.6), concerning inspections when a female incarcerated person is in the state of undress.
Deletes new GS 153A-221.2 which subjects local confinement facilities to the requirements of the new Article enacted by the act, and instead enacts an identical provision to GS 153A-221 to subject local confinement facilities to the requirements of new Article 83A, GS Chapter 15A.
Additionally, enacts new Part 2B to Article 10, GS Chapter 153A, titled Dignity for Women Incarcerated in Local Confinement Facilities, as follows.
Sets forth 11 defined terms. Enacts substantively identical provisions set forth in new Article 83A of GS Chapter 15A, as enacted, with the following exceptions and changes. Does not enact provisions mirroring family considerations; placement of female incarcerated person; visitation; and employee training and technical assistance. Makes the provisions applicable to facility employees, defined as any person who is employed by the local government and who works at or in a local confinement facility. Defines local confinement facility to include a county or city jail, a local lockup, a regional or district jail, a juvenile detention facility, a detention facility for adults operated by a local government, and any other facility operated by a local government for confinement of persons awaiting trial or serving sentences; excepts a county satellite jail/work release unit governed by Part 3 of the Article. Provisions enacted include the following with respect to a pregnant female incarcerated person during pregnancy, labor and delivery, and the postpartum period as specified: limitations on the use of restraints and body cavity searches; nutritional requirements; limitations on restrictive housing and bed assignments; bar to charging costs of necessary care; bonding period requirements; availability of nutritional and hygiene products during the postpartum period. Additionally enacts the following provisions related to female incarcerated persons: limitations on inspections by male facility employees when a female incarcerated person is in a state of undress; and access to menstrual products at no cost. Similar to monthly reports required to be submitted by correctional facility employees to correctional facility wardens and administrators under new Article 83A, GS Chapter 15A, requires facility employees to submit required written reports to the sheriff or administrator of the local confinement facility.
Changes the effective date of the act from October 1, 2021, to December 1, 2021, and specifies that the act is applicable to individuals in custody on or after that date.
Summary date: May 6 2021 - More information
House committee substitute to the 1st edition makes the following changes.
Amends GS 15A-1360.5 to require the Department of Public Safety to authorize visitation of incarcerated mothers held in State prisons with low- or minimum-security classifications, who are mothers of a minor child under the age of 1, by the incarcerated mother's minor child under the age of 1 (previously this applied to parents, not just mothers).
Bill H 608 (2021-2022)Summary date: Apr 20 2021 - More information
Enacts new Article 83A, Dignity for Women Who are Incarcerated Act, to GS Chapter 15A. Sets forth 11 defined terms.
Prohibits Department of Public Safety (DPS) and correctional facility employees from using leg restraints, wrist restraints, restraints connected to other incarcerated persons, or waist shackles on pregnant female incarcerated persons during the second and third trimester of pregnancy, during labor and delivery, and during the six-week postpartum recovery period. Defines correctional facility employee to include any person who is employed by a State or local government agency or unit who works at or in a correctional facility, defined to mean any unit of the State prison system, a local confinement facility, a 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 State law. Restricts use of wrist handcuffs during the postpartum recovery period to being held in front of her body, if the employee determines important circumstance exists, as defined, and the employee makes a written report to the warden or administrator within five days containing justification for the use of the restraints. Specifies that the provisions do not prohibit the use of wrist restraints held in front of the female incarcerated person's body when in transport outside of the facility, except during labor or suspected labor. Clarifies that the provisions do not affect licensed health care professionals' use of medical restraints to ensure the medical safety of a pregnant female incarcerated person.
Prohibits correctional facility employees, other than a certified health care professional, from conducting body cavity searches of female incarcerated persons who are pregnant or in the postpartum recovery period unless the employee has probable cause to believe the person is concealing contraband that presents a threat of harm to the person, fetus, or another person, and the employee submits a written report to the warden or the administrator within five days containing the justification for the search.
Requires DPS and administrators of correctional facilities to ensure pregnant female incarcerated persons are provided sufficient food and dietary supplements, and access to food at appropriate times of day, as ordered by a physician, physician staff member, or a correctional facility nutritionist as specified. Establishes similar requirements for pregnant female incarcerated persons and female incarcerated persons in the postpartum recovery period by requiring access to the full range of meal options provided by the hospital to meet the person's nutritional needs.
Prohibits DPS and administrators of correctional facilities from placing pregnant female incarcerated persons or female incarcerated persons in the six-week postpartum recovery period in restrictive housing, as defined, unless the employee makes a determination that an important circumstance exists, as defined, and submits a written report to the warden or administrator within five days containing the justification for the placement.
Prohibits DPS and correctional facility administrators from assigning female incarcerated persons who are pregnant or in the postpartum recovery period to any bed that is elevated more than 3 feet from the floor of the facility.
Requires prenatal, labor, and delivery care to be provided to pregnant female incarcerated persons at no cost to the incarcerated person.
Directs the warden or administrator of the correctional facility to compile a monthly summary of all written reports received as required under the Article and submit the summary to the Chief Deputy Secretary of Adult Correction and Juvenile Justice.
Requires DPS and correctional facility administrators to permit a newborn to remain with the female incarcerated person while the female incarcerated person is in the hospital following the delivery unless the medical provider has a reasonable belief that doing so poses a health or safety risk to the newborn. Requires DPS and administrators to make all necessary nutritional and hygiene products available during the postpartum recovery period, provided at no cost to the incarcerated person.
Mandates that DPS place female incarcerated persons in the custody of the State prison system who are mothers of minor children under the age of 1 within 250 miles of the child's permanent address to the extent practicable and after accounting for security and capacity. Requires DPS to authorize visitation of incarcerated persons with low- or minimum-security classifications who are parents to minor children under the age of 1 to allow for visitation by the minors at least twice a week by contact visit (except as specified).
Requires a limitation on inspections by male employees when a female incarcerated person is in a state of undress to the greatest extent practicable and consistent with safety and order, and availability of female employees. Requires male correctional employees to make a written report within five days containing the justification for inspection of a female incarcerated person while in a state of undress.
Requires DPS and administrators of correctional facilities to ensure availability of sufficient menstrual products for all female incarcerated persons as appropriate, at no cost to the incarcerated person.
Directs DPS to develop and provide all State prison system employees who have contact with pregnant female incarcerated persons training related to the physical and mental needs of pregnant female incarcerated persons and fetuses, as specified. Requires consultation with specified divisions of the Department of Health and Human Services. Also directs DPS to develop and provide educational programming for pregnant female incarcerated persons, as specified. Requires training and curricula to be made available to administrators of local confinement facilities.
Revises GS 143B-702 to make rules and regulations adopted by the Division of Adult Correction and Juvenile Justice subject to new Article 83A, GS Chapter 15A.
Enacts GS 153A-221.2 to subject local confinement facilities to the requirements of new Article 83A, GS Chapter 15A.
Effective October 1, 2021.
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