Virginia Regulatory Town Hall

Preliminary Draft Text

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Action:
Amend Minimum Standards for Jails and Lockups to add ...
Stage: NOIRA
12/16/11  8:11 AM
 

6VAC15-40-985. Restraint of Pregnant Offenders.

A. Restraint Devices:  An inmate, who is known to be pregnant, will not be subject to the use of restraints, including both physical and mechanical restraints.  Neither metal restraints nor restraint belts that directly constrict the area of pregnancy may be used on pregnant inmates.  An inmate, who is known to be pregnant, should never be placed in a face down, four-point restraint.  A pregnant inmate shall not be shackled by the wrists, feet, ankles, legs, or in any other way that restricts the woman's movement during labor and delivery, or while in postpartum recovery after giving birth, unless a determination is made in writing that the inmate poses a danger to herself and others. Exceptions to this rule would be an offender who is combative, a threat to herself, or a threat to others.  Any restraint of a pregnant inmate that is deemed necessary for the safety of the inmate, her child, medical and correctional personnel, or the public must be conducted by the least restrictive means necessary - in those instances, only soft restraints may be used. Where restraints are used, such restraints shall allow for full freedom of movement by the pregnant, laboring, or post-partum woman, including the ability to stand up, to turn over, and to walk around.  All shackles must be removed immediately if medical staff so direct.    

B. Restraint During Transport:  If restraints are used during transport, soft handcuffs applied in the front of pregnant offenders shall be the only authorized restraints approved for use when a pregnant offender is transported outside the secure perimeter. If the corrections official deems that the use of soft handcuffs or no restraints during transport will not adequately address an offender's escape potential, then additional security personnel shall be assigned rather than the utilization of restraints.    

C. Compliance Indicators

1. All aspects of these regulations are addressed by written policy and defined procedures.

2. Correctional and medical staff are advised of the procedures to be used in transporting and restraining pregnant inmates.  Such communication is documented.

3. Medical and custody staff communicate about inmates who are pregnant and for whom this standard applies.

4. If restraints are used at any time during transport, labor, delivery, or in the hospital during post-partum recovery, the corrections officer must make written findings as to the reasons why the use of restraints was necessary to ensure the safety of the inmate, medical and correctional personnel or the public. 

5. All required documentation of shackling incidents of pregnant inmates is maintained and reviewed by the facility administrator and the responsible health authority for compliance with written policies and procedures; corrective actions are taken as necessary and documented.

6. The numbers of all required documentation of shackling incidents of pregnant inmates and the written findings as to the reasons why the use of restraints were necessary shall be compiled in to a record provided annually to the Board of Corrections and made publicly available.