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Code · New Mexico · Chapter 33 — Correctional Institutions · Article 1 — Corrections Department

33-1-4.2. Restraints on pregnant prisoners.

137 words·~1 min read·/nm/chapter-33-correctional-institutions/article-1-corrections-department/33-1-4-2·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. An adult or juvenile correctional facility, detention center or local jail shall use the least restrictive restraints necessary when the facility has actual or constructive knowledge that an inmate is in the second or third trimester of pregnancy. No restraints of any kind shall be used on an inmate who is in labor, delivering her baby or recuperating from the delivery unless there are compelling grounds to believe that the inmate presents:
(1)an immediate and serious threat of harm to herself, staff or others; or
(2)a substantial flight risk and cannot be reasonably contained by other means.
B. If an inmate who is in labor or who is delivering her baby is restrained, only the least restrictive restraints necessary to ensure safety and security shall be used.
History: Laws 2009, ch. 73, § 1.
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