This bill addresses issues related to inmates who are pregnant or in postpartum recovery.
This bill:
- requires the Department of Corrections (the department) and each county jail to report to the State Commission on Criminal and Juvenile Justice:
the number of known pregnant inmates in custody; andthe number of inmates in custody who are parents to a minor child;
- clarifies that the postpartum recovery period for pregnant inmates is 12 weeks after the day on which the inmate gives birth;
- prohibits the restraining of an inmate during postpartum recovery unless an individualized determination of certain security risks is made that details why the restraints are necessary;
- increases the period of time that the department and each county jail is required to provide access to a social worker to an inmate who is pregnant, or who has recently given birth, from six weeks to 12 weeks, to help the inmate:arrange childcare;establish a reunification plan; andestablish a substance abuse treatment plan, if needed;
- clarifies that the department and each county jail is required to provide an inmate in postpartum recovery access to postpartum care for 12 weeks after the inmate gives birth;
- clarifies that health care providers in general may make certain decisions regarding pregnant inmates; and
- makes technical and conforming changes.Statutes affected:
Introduced: 17-72-408, 17-72-501, 17-72-503, 64-13-1, 64-13-7, 64-13-45, 64-13-46