17-26-104.7. Prohibition against the use of restraints on pregnant persons in
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/co/title-17-corrections/article-26-jails/17-26-104-7·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
custody.
(1)The staff of a county jail, in restraining a woman who is committed, detained, or confined to the county jail, shall use the least restrictive restraints necessary to ensure safety if the staff of the county jail have a reasonable belief that the woman is pregnant. For the use of restraints during labor, delivery, and postpartum recovery, the staff shall comply with the "Protection of Individuals from Restraint and Seclusion Act", article 20 of title 26.
(a)Repealed.
(b)The county jail or medical facility staff authorizing the use of restraints on a pregnant person during labor or delivery of the child shall make a written record of the use of the restraints, which record shall include, at a minimum, the type of restraint used, the circumstances that necessitated the use of the restraint, and the length of time the restraint was used. The sheriff shall retain the record for a minimum of five years and shall make the record available for public inspection with individually identifying information redacted from the record unless the person who is the subject of the record gives prior written consent for the public release of the record. The written record of the use of restraint shall not constitute a medical record under state or federal law. No later than February 15, 2022, and each February 15 thereafter, the sheriff shall submit the records created pursuant to this subsection (2)(b) in the prior calendar year to the judiciary committees of the senate and house of representatives, or their successor committees.
(3)Upon return to a county jail after childbirth, the woman shall be entitled to have a member of the county jail's or county's medical staff present during any strip search.
(4)When a woman's pregnancy is determined, the staff of a county jail shall inform a pregnant woman committed, detained, or confined in a county jail in writing in a language and in a manner understandable to the woman of the provisions of this section concerning the use of restraints and the presence of medical staff during a strip search.
(5)Each sheriff shall ensure that staff of the county jail receive adequate training concerning the provisions of this section.