Amendment #991 to H3400

Compliance with Anti-Shackling Law

Representatives Khan of Newton, DuBois of Brockton, Devers of Lawrence, Fox of Boston, Fiola of Fall River, Rogers of Cambridge, Garballey of Arlington, Balser of Newton and Farley-Bouvier of Pittsfield move to amend the bill by inserting after section 75 the following section:

"SECTION XX. Chapter 103 of the Acts of 2014 is hereby amended by striking out section 118 (b) and inserting in place thereof the following:

“(b) During the second and third trimesters of pregnancy or during post-partum recovery of six weeks or longer as determined by the attending physician, an inmate shall be transported to and from visits to medical providers and court proceedings in a vehicle with seatbelts and may only be restrained using handcuffs in front.

A pregnant inmate shall receive labor and delivery care in an accredited hospital and shall not be removed to another penal institution for the purpose of giving birth. An inmate who is in any stage of labor or delivery, as determined by a licensed health care professional, shall not be placed in restraints at any time, including during transportation. If a correction officer is present in the room during the pregnant inmate’s physical examinations, labor or childbirth, the officer shall, if possible, be female. Whenever possible, the correction officer shall be positioned in a location in the room that will ensure, to the extent possible, patient privacy.

During post-delivery recuperation, an inmate shall remain in the hospital until the attending physician certifies that she may be safely discharged and transferred back to the correctional facility. An inmate in post-partum recovery shall not be placed in restraints, except under extraordinary circumstances.

For the purposes of this section, “extraordinary circumstances” shall mean a situation in which a correction officer determines that the specific inmate presents an immediate and serious threat to herself or others or in which the inmate presents an immediate and credible risk of escape that cannot be curtailed by other reasonable means. If an inmate is restrained, the restraints shall be the least restrictive available and the most reasonable under the circumstances. Leg or waist restraints shall not be used on a pregnant or postpartum inmate under any circumstances or in any setting. In the event the correction officer determines that extraordinary circumstances exist and restraints are used, the correction officer shall fully document, in writing, the reasons that the officer determined such extraordinary circumstances existed, the kind of restraints used and the reasons those restraints were considered the least restrictive available and the most reasonable under the circumstances. A superintendent of each state correctional facility or administrator of each county correctional facility shall approve the use of any restraints used due to extraordinary circumstances either before the officer makes the determination or after the correction officer submits documentation detailing the reasons restraints were required. If the attending physician or nurse treating the pregnant inmate requests that restraints be removed for medical reasons, the correction officer shall immediately remove all restraints.

The superintendent of each state correctional facility or administrator of each county correctional facility shall require annual staff training on the requirements of this law.

Any time restraints are used on an pregnant incarcerated person, the superintendent of a state correctional facility or administrator of a county correctional facility shall submit a report within 48 hours to the secretary of public safety and security, including the date, time, duration, location, and the rationale for the use of restraints, provided, however, that such reports shall not contain individually identifying information regarding any incarcerated person. The secretary shall submit to the legislature an annual report regarding compliance with this section, including all incidents involving use of restraints. Such report shall be filed annually on or before July 1 with the offices of the clerk of the house and the senate and shall be a public record.”

Additional co-sponsor(s) added to Amendment #991 to H3400

Compliance with Anti-Shackling Law