An Act To Prevent the Shackling of Pregnant Prisoners
Sec. 1. 30-A MRSA c. 13, sub-c. 2-A is enacted to read:
§ 1581. Definitions
As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.
§ 1582. Restraint of prisoners and detainees
§ 1583. Notice to prisoners and detainees
Sec. 2. 30-A MRSA §1660, sub-§4 is enacted to read:
Sec. 3. 34-A MRSA c. 3, sub-c. 1, art. 4 is enacted to read:
§ 3101. Definitions
As used in this article, unless the context otherwise indicates, the following terms have the following meanings.
§ 3102. Restraint of prisoners and detainees
§ 3103. Rulemaking
Within 30 days after the effective date of this article, the department shall adopt rules necessary to implement this article. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
§ 3104. Notice
A correctional facility or detention facility shall inform prisoners and detainees of the rules developed pursuant to section 3103 upon admission to the correctional facility or detention facility and include policies and practices pursuant to this article in any prisoner handbook.
This bill prohibits the use of restraints on a pregnant prisoner or detainee except in extraordinary circumstances. When restraints are used, the corrections official must document the extraordinary circumstance that required the use of restraints. The bill clarifies that when a pregnant prisoner or detainee is admitted to a medical facility or birthing center, a corrections officer may not be present in the room during labor or childbirth unless specifically requested by medical personnel. The bill also requires the adoption of policies on the treatment of pregnant prisoners and detainees and requires that information about those policies be disseminated to all prisoners and detainees.