Revision: Feb. 3, 2022, 1:52 p.m.
SB 393-FN - AS AMENDED BY THE SENATE
02/03/2022 0327s
2022 SESSION
22-3045
04/05
SENATE BILL 393-FN
SPONSORS: Sen. Whitley, Dist 15; Sen. Watters, Dist 4; Sen. Rosenwald, Dist 13; Sen. Hennessey, Dist 1; Sen. Kahn, Dist 10; Sen. Sherman, Dist 24; Sen. Perkins Kwoka, Dist 21; Sen. Prentiss, Dist 5; Rep. Wazir, Merr. 17; Rep. Myler, Merr. 10; Rep. Wallner, Merr. 10
COMMITTEE: Judiciary
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ANALYSIS
This bill establishes procedures for the use of restraints on pregnant women in county or state correctional custody.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
02/03/2022 0327s 22-3045
04/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Two
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Use of Restraints on Pregnant Women in County Correctional Custody. Amend RSA 623-C by inserting after section 1 the following new section:
623-C:1-a Use of Restraints on Pregnant Women in County Correctional Custody.
I. The use of restraints on pregnant women under county correctional custody shall be limited to absolute necessity only. The use of restraints shall be considered absolutely necessary only when there is evidence of imminent risk of escape or harm to the pregnant woman, her fetus or newborn, or others, and these risks cannot be managed by other reasonable means, including but not limited to, enhanced security measures in the area, or increased staffing.
II. Pregnant prisoners classified to a halfway house or transitional housing unit shall not be restrained. All other pregnant prisoners may be restrained only if absolutely necessary, and if deemed absolutely necessary, may be restrained as follows:
(a) In the first, second, and third trimester, front handcuffs only. If wrist restraints must be applied, they shall have a chain between the wrists and shall be applied in such a way that the pregnant woman may be able to protect herself and her fetus in the event of a forward fall (in front of her body). No belly chains, leg restraints, or ankle restraints shall be used under any circumstances. No additional restraints shall be used during transportation unless approved by the county correctional facility's chief medical officer after an individualized determination is made that there is an extraordinary medical or security circumstance that dictates restraints be used to ensure the safety and security of the prisoner or detainee, the staff of the county correctional facility, other prisoners or detainees, or the public; except that if the doctor, nurse or other health professional treating the prisoner or detainee requests that restraints not be used, the corrections officer accompanying the prisoner or detainee shall immediately remove all restraints unless the correctional officer can identify there is an extraordinary risk to the public and receives authorization from the superintendent of the county correctional facility or designee. This authorization shall be documented in an incident report which shall, at a minimum, contain the following:
(1) The rationale for use or conditions that led to the conclusion that restraints were necessary and specify whether and what kind of alternatives were tried/considered.
(2) The name of each person who reviewed these conditions and concluded that restraints were warranted.
(3) The type of restraints used and in what manner.
(4) How frequently the use of restraints was reevaluated and by whom and result of such reassessments.
(5) Change in conditions that led to the conclusion that restraints were no longer necessary.
(6) When restraints were removed.
(7) Length of time or total duration of restraint use.
(b) The life of the infant and or mother shall not be put at risk. Any additional restraint shall be the least restrictive possible.
III. Advance planning among members of the pregnant female’s health care team, including on site, hospital-based, and corrections professionals shall be conducted before hospital admittance to prepare for any foreseen circumstances which may involve the use of restraint. During transportation for medical appointments, labor or delivery, after delivery, or while in postpartum recovery, a prisoner shall not be restrained, unless approved by the county correctional facility's chief medical officer after an individualized determination is made that there is some other extraordinary medical or security circumstance that dictates restraints be used to ensure the safety and security of the prisoner or detainee. If the doctor, nurse, or other health professional treating the prisoner or detainee requests that restraints not be used, the corrections officer accompanying the prisoner or detainee shall immediately remove all restraints. Restraints, if previously authorized prior to the medical staff requiring them removed, may be reapplied once the medical professional determines the immediate threat to the mother or child has passed. Any additional restraint shall be the least restrictive possible and approval of such restraint shall be documented in writing with the reason for the restraint as required in subparagraph II(a). An incarcerated pregnant person in labor, delivery, and postpartum recovery shall be given the maximum level of privacy possible. If possible, any corrections officer present in the room should be of the same gender and shall stand in a place that grants as much privacy as possible. “Postpartum recovery” means, as determined by her physician, the period immediately following delivery, including the entire period a woman is in the hospital or infirmary after birth. If restraints are used while the inmate is in labor or in the hospital during recovery after delivery, the superintendent of the county correctional facility shall make written findings as to the reasons why mechanical restraints were necessary to prevent escape or to ensure the safety of the inmate, medical, and correctional personnel, or the public.
IV.(a) A prisoner shall be transported to and from visits to medical providers and court proceedings in a vehicle with seat belts and shall not be restrained unless a medical professional has determined there is an imminent threat to the health of the mother or unborn child by not placing the resident in restraints or unless the correctional officer can identify that there is an extraordinary risk to the public and receives authorization from the superintendent of the county correctional facility or designee. This authorization shall be documented in an incident report which shall, at a minimum, contain the following:
(1) The rationale for use or conditions that led to the conclusion that restraints were necessary and specify whether and what kind of alternatives were tried or considered.
(2) The name of each person who reviewed these conditions and concluded that restraints were warranted.
(3) The type of restraints used and in what manner.
(4) How frequently the use of restraints was reevaluated and by whom and the result of such reassessments.
(5) Change in conditions that led to the conclusion that restraints were no longer necessary.
(6) When restraints were removed.
(7) Length of time or total duration of restraint use.
(b) The life of the infant and or mother shall not be put at risk. Any additional restraint shall be the least restrictive possible.
(c) Once the delivery, all post-delivery medical procedures, and postpartum recovery have been completed and the inmate is being returned to the county correctional facility, the inmate shall be restrained consistent with department policy. Upon discharge from the hospital for transportation back to the facility, for those classified C3 and above; the type of restraint shall be determined after consultation with the inmate’s hospital medical provider.
2 New Section; Use of Restraints on Pregnant Women in State Correctional Custody. Amend RSA 623-C by inserting after section 2 the following new section:
623-C:2-a Use of Restraints on Pregnant Women in State Correctional Custody.
I. The use of restraints on pregnant women under state correctional custody shall be limited to absolute necessity only. The use of restraints shall be considered absolutely necessary only when there is evidence of imminent risk of escape or harm to the pregnant woman, her fetus or newborn, or others, and these risks cannot be managed by other reasonable means, including but not limited to, enhanced security measures in the area, or increased staffing.
II. Pregnant prisoners classified to a halfway house or transitional housing unit shall not be restrained. All other pregnant prisoners may be restrained only if absolutely necessary, and if deemed absolutely necessary, may be restrained as follows:
(a) In the first, second, and third trimester, front handcuffs only. If wrist restraints must be applied, they shall have a chain between the wrists and shall be applied in such a way that the pregnant woman may be able to protect herself and her fetus in the event of a forward fall (in front of her body). No belly chains, leg restraints, or ankle restraints shall be used under any circumstances. No additional restraints shall be used during transportation unless approved by the director of medical and forensic services after an individualized determination is made that there is an extraordinary medical or security circumstance that dictates restraints be used to ensure the safety and security of the prisoner or detainee, the staff of the state correctional facility, other prisoners or detainees, or the public; except that if the doctor, nurse or other health professional treating the prisoner or detainee requests that restraints not be used, the corrections officer accompanying the prisoner or detainee shall immediately remove all restraints unless the correctional officer can identify there is an extraordinary risk to the public and receives authorization from the warden of the correctional facility or designee. This authorization shall be documented in an incident report which shall, at a minimum, contain the following:
(1) The rationale for use or conditions that led to the conclusion that restraints were necessary and specify whether and what kind of alternatives were tried/considered.
(2) The name of each person who reviewed these conditions and concluded that restraints were warranted.
(3) The type of restraints used and in what manner.
(4) How frequently the use of restraints was reevaluated and by whom and result of such reassessments.
(5) Change in conditions that led to the conclusion that restraints were no longer necessary.
(6) When restraints were removed.
(7) Length of time or total duration of restraint use.
(b) The life of the infant and or mother shall not be put at risk. Any additional restraint shall be the least restrictive possible.
III. Advance planning among members of the pregnant female’s health care team, including on site, hospital-based, and corrections professionals shall be conducted before hospital admittance to prepare for any foreseen circumstances which may involve the use of restraint. During transportation for medical appointments, labor or delivery, after delivery, or while in postpartum recovery, a prisoner shall not be restrained, unless approved by the director of medical and forensic services after an individualized determination is made that there is some other extraordinary medical or security circumstance that dictates restraints be used to ensure the safety and security of the prisoner or detainee. If the doctor, nurse, or other health professional treating the prisoner or detainee requests that restraints not be used, the corrections officer accompanying the prisoner or detainee shall immediately remove all restraints. Restraints, if previously authorized prior to the medical staff requiring them removed, may be reapplied once the medical professional determines the immediate threat to the mother or child has passed. Any additional restraint shall be the least restrictive possible and approval of such restraint shall be documented in writing with the reason for the restraint as required in subparagraph II(a). An incarcerated pregnant person in labor, delivery, and postpartum recovery shall be given the maximum level of privacy possible. If possible, any corrections officer present in the room should be of the same gender and shall stand in a place that grants as much privacy as possible. “Postpartum recovery” means, as determined by her physician, the period immediately following delivery, including the entire period a woman is in the hospital or infirmary after birth. If restraints are used while the inmate is in labor or in the hospital during recovery after delivery, the warden of the state correctional facility shall make written findings as to the reasons why mechanical restraints were necessary to prevent escape or to ensure the safety of the inmate, medical, and correctional personnel, or the public.
IV.(a) A prisoner shall be transported to and from visits to medical providers and court proceedings in a vehicle with seat belts and shall not be restrained unless a medical professional has determined there is an imminent threat to the health of the mother or unborn child by not placing the resident in restraints or unless the correctional officer can identify that there is an extraordinary risk to the public and receives authorization from the warden of the correctional facility or designee. This authorization shall be documented in an incident report which shall, at a minimum, contain the following:
(1) The rationale for use or conditions that led to the conclusion that restraints were necessary and specify whether and what kind of alternatives were tried or considered.
(2) The name of each person who reviewed these conditions and concluded that restraints were warranted.
(3) The type of restraints used and in what manner.
(4) How frequently the use of restraints was reevaluated and by whom and result of such reassessments.
(5) Change in conditions that led to the conclusion that restraints were no longer necessary.
(6) When restraints were removed.
(7) Length of time or total duration of restraint use.
(b) The life of the infant and or mother shall not be put at risk. Any additional restraint shall be the least restrictive possible.
(c) Once the delivery, all post-delivery medical procedures, and postpartum recovery have been completed and the inmate is being returned to the state correctional facility, the inmate shall be restrained consistent with department policy. Upon discharge from the hospital for transportation back to the facility, for those classified C3 and above; the type of restraint shall be determined after consultation with the inmate’s hospital medical provider.
3 Effective Date. This act shall take effect 60 days after its passage.
22-3045
Redraft 12/20/21
SB 393-FN- FISCAL NOTE
AS INTRODUCED
FISCAL IMPACT: [ ] State [ X ] County [ ] Local [ ] None
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COUNTY: | FY 2022 | FY 2023 | FY 2024 | FY 2025 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
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METHODOLOGY:
This bill establishes procedures for the use of restraints on pregnant women in county or state correctional custody.
The New Hampshire Association of Counties indicates there would be additional costs to county correctional facilities in situations where a second officer would be required if no restraints were used.
The Department of Corrections indicated this bill would have no fiscal impact on the Department.
It is assumed that any fiscal impact would occur after FY 2022.
AGENCIES CONTACTED:
Department of Corrections and New Hampshire Association of Counties