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View NCGA Bill Details2017-2018 Session
House Bill 1038 (Public) Filed Wednesday, May 30, 2018
Intro. by B. Richardson, Cunningham.

Status: Ref to the Com on Judiciary I, if favorable, Appropriations (House Action) (May 31 2018)

Bill History:

H 1038

Bill Summaries:

  • Summary date: May 30 2018 - View Summary

    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, and postpartum recovery, unless the corrections official determines that the prisoner or detainee presents an extraordinary circumstance. Defines an extraordinary circumstance as a substantial flight risk or some other extraordinary medical or security circumstance that dictates restraints be used to ensure the safety and security of the prisoner or detainee, the staff of the correctional institution or medical facility, other prisoners or detainees, or the public.

    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.