221.520. Restraints, prohibited in third trimester of pregnancy — extraordinary circumstances, reuirements for use of restraints.
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221.520. Restraints, prohibited in third trimester of pregnancy — extraordinary circumstances, reuirements for use of restraints. — 1. As used in this section, the following terms mean:
(1)"Extraordinary circumstance" , a substantial flight risk or some other extraordinary medical or security circumstance that dictates restraints be used to ensure the safety and security of a pregnant offender in her third trimester or a postpartum offender within forty-eight hours postdelivery, the staff of the county or city jail or medical facility, other offenders, or the public;
(2)"Labor" , the period of time before a birth during which contractions are present;
(3)"Postpartum" , the period of recovery immediately following childbirth, which is six weeks for a vaginal birth or eight weeks for a cesarean birth, or longer if so determined by a physician or nurse;
(4)"Restraints" , any device used to control the movement of a person's body or limbs.
2. Except in extraordinary circumstances, a county or city jail shall not use restraints on a pregnant offender in her third trimester, whether during transportation to and from visits to health care providers and court proceedings, during medical appointments and examinations, or during labor, delivery, or forty-eight hours postdelivery.
3. Pregnant offenders shall be transported in vehicles equipped with seatbelts.
4. In the event a sheriff or jailer determines that extraordinary circumstances exist and restraints are necessary, the sheriff or jailer shall fully document in writing within forty-eight hours of the incident the reasons he or she determined such extraordinary circumstances existed, the type of restraints used, and the reasons those restraints were considered reasonable under the circumstances. Such documents shall be kept on file by the county or city jail for at least five years from the date the restraints were used.
5. Any time restraints are used on a pregnant offender in her third trimester or on a postpartum offender within forty-eight hours postdelivery, the restraints shall be reasonable under the circumstances. Except in extraordinary circumstances, no leg, ankle, or waist restraints or any mechanical restraints shall be used on any such offender, and, if wrist restraints are used, such restraints shall be placed in the front of such offender's body to protect the offender and the unborn child in the case of a forward fall.
6. The county or city jail shall:
(1)Ensure that employees of the jail are provided with training, which may include online training, on the provisions of this section; and
(2)Inform female offenders, in writing and orally, of any policies and practices developed in accordance with this section upon admission to the jail, and post the policies and practices in locations in the jail where such notices are commonly posted and will be seen by female offenders.
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(L. 2025 H.B. 495)
Severability clause, see § 1.1001