HB 127 – AS AMENDED BY THE HOUSE
11Mar2009… 0540h
2009 SESSION
04/05
HOUSE BILL 127
AN ACT relative to the treatment of pregnant inmates.
SPONSORS: Rep. Winters, Hills 17; Rep. S. Harvey, Hills 21
COMMITTEE: Criminal Justice and Public Safety
This bill specifies the procedures for care and custody of a pregnant inmate.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11Mar2009… 0540h
09-0277
04/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT relative to the treatment of pregnant inmates.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Care and Custody of Female Convicts; Pregnant Inmates. Amend RSA 622 by inserting after section 33-a the following new section:
622:33-b Care and Custody of Pregnant Inmates.
I. The commissioner of the department of corrections shall ensure that all reasonable and appropriate measures consistent with public safety are taken in transporting a pregnant inmate. Such care shall, to the greatest extent possible:
(a) Prevent physical and psychological trauma.
(b) Respect the inmate’s right to privacy.
(c) Represent the least restrictive means necessary for the safety of the inmate, medical and correctional personnel, and the public.
II. The department of corrections shall not routinely restrain pregnant inmates who are beyond the first trimester of pregnancy in the same manner as other inmates, but shall seek an alternative means of restraint if necessary, consistent with public safety and protecting the pregnant inmate’s health.
III. Unless the inmate presents a substantial flight risk or other extraordinary circumstances dictate otherwise, no mechanical restraints shall be used on a pregnant inmate who has been declared by the attending health care practitioner to be in active labor. The inmate shall remain unrestrained after delivery and while in recovery. If the commissioner of the department of corrections determines that restraints are necessary while the inmate is in labor, after delivery, or while in recovery, the commissioner shall make written findings as to the reasons why mechanical restraints were necessary and present such findings to the inmate and the inmate’s family.
2 New Section; County Departments of Corrections; Care and Custody of Pregnant Inmates. Amend RSA 30-B by inserting after section 24 the following new section:
30-B:24-a Care and Custody of Pregnant Inmates.
I. The superintendent of the county department of corrections shall ensure that all reasonable and appropriate measures consistent with public safety are taken in transporting a pregnant inmate. Such care shall, to the greatest extent possible:
(a) Prevent physical and psychological trauma.
(b) Respect the inmate’s right to privacy.
(c) Represent the least restrictive means necessary for the safety of the inmate, medical and correctional personnel, and the public.
II. The county department of corrections shall not routinely restrain pregnant inmates who are beyond the first trimester of pregnancy in the same manner as other inmates, but shall seek an alternative means of restraint if necessary, consistent with public safety and protecting the pregnant inmate’s health.
III. Unless the inmate presents a substantial flight risk or other extraordinary circumstances dictate otherwise, no mechanical restraints shall be used on a pregnant inmate who has been declared by the attending health care practitioner to be in active labor. The inmate shall remain unrestrained after delivery and while in recovery. If the superintendent of the county department of corrections determines that restraints are necessary while the inmate is in labor, after delivery, or while in recovery, the superintendent shall make written findings as to the reasons why mechanical restraints were necessary and present such findings to the inmate and the inmate’s family.
3 Effective Date. This act shall take effect 60 days after its passage.