§ 5911. Postpartum recovery.

324 words·~1 min read·/pa/title-61/chapter-59/5911

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

(a)Restraints during postpartum recovery.-- No restraints shall be used on any incarcerated individual or detainee who has given birth within the last 30 days and is in postpartum recovery, unless the department has a reasonable belief that the incarcerated individual or detainee will harm themselves, their newborn or another individual or pose a substantial risk of imminent flight. If restraints are used, the facility employee ordering the use of restraints on an incarcerated individual or detainee while in postpartum recovery shall submit a written report to the chief administrator of the facility within 72 hours following the use of the restraints, containing the justification for restraining the incarcerated individual or detainee during postpartum recovery. The report shall also be sent to the department.

(b)Postdelivery bonding period.-- Following the delivery of a newborn and subject to hospital policies, including length of stay, the department shall permit the child to remain with the mother at the hospital for up to 72 hours unless there is a reasonable belief that the child remaining with the mother presents a health or safety risk to the child.

(c)Definitions.-- As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

"Postpartum." The eight-week period, or longer as determined by the health care professional responsible for the health and safety of the incarcerated individual or detainee, following childbirth.

"Substantial risk of imminent flight." A showing of real and considerable risk of escaping by the incarcerated individual.

61c5911v

(Dec. 14, 2023, P.L.396, No.47, eff. 180 days; Oct. 29, 2024, P.L.1037, No.114, eff. imd.)

2024 Amendment. Act 114 amended subsecs.

(a)and (b). Section 8 of Act 114 provided that, with the exception of the amendment or addition of 61 Pa.C.S. § 1731(a)(2.1) and (b), Act 114 shall apply retroactively to June 11, 2024.

2023 Amendment. Act 47 added section 5911.