1st Engrossment - 88th Legislature (2013 - 2014) Posted on 03/24/2014 03:37pm
A bill for an act
relating to public safety; addressing the needs of incarcerated women related to
pregnancy and childbirth; proposing coding for new law in Minnesota Statutes,
chapter 241.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
new text begin
As used in sections 241.88 and 241.89, the following terms have the meanings given:
new text end
new text begin
(1) "certified doula" has the meaning given in section 148.995, subdivision 2;
new text end
new text begin
(2) "correctional facility" has the meaning given in section 241.021, subdivision 1;
new text end
new text begin
(3) "doula services" has the meaning given in section 148.995, subdivision 4;
new text end
new text begin
(4) "postpartum" means the period of time following the birth of an infant to six
months after the birth; and
new text end
new text begin
(5) "restrain" means the use of a mechanical or other device to constrain the
movement of a person's body or limbs.
new text end
new text begin
(a) A representative of a correctional facility may not
restrain a pregnant woman who is in labor.
new text end
new text begin
(b) A representative of a correctional facility may not restrain a pregnant woman or
a woman who has given birth within the preceding three days through the use of waist
chains or other devices that cross or otherwise touch the woman's abdomen or handcuffs
or other devices that cross or otherwise touch the woman's wrists when affixed behind
the woman's back.
new text end
new text begin
(c) A representative of a correctional facility may restrain a woman who has given
birth within the preceding three days only if the representative makes an individualized
determination that the restraint is necessary to protect the safety of the woman or another,
prevent damage to property, or prevent flight.
new text end
new text begin
(d) Notwithstanding paragraph (c), a representative of a correctional facility shall
remove any restraints placed upon a pregnant woman during a medical emergency or
upon a woman who has given birth within the preceding three days when directed to
do so by the medical professional responsible for the woman's medical care based on a
determination by the professional that the removal is medically necessary.
new text end
new text begin
(e) Section 645.241 does not apply to this section.
new text end
new text begin
The head of each correctional facility shall ensure that
staff members of the facility who come in contact with pregnant women incarcerated in
the facility are provided training on the provisions of this section.
new text end
new text begin
This section applies only to a woman:
new text end
new text begin
(1) incarcerated following conviction; and
new text end
new text begin
(2) incarcerated before conviction beyond the period specified for the woman's initial
appearance before the court in Rules of Criminal Procedure, rules 3.02, 4.01, and 4.02.
new text end
new text begin
The head of each correctional facility shall ensure that
every woman incarcerated at the facility:
new text end
new text begin
(1) is tested for pregnancy unless she is over age 50;
new text end
new text begin
(2) if pregnant, is tested for sexually transmitted diseases, including HIV;
new text end
new text begin
(3) if pregnant or recently given birth, is provided appropriate educational materials
and resources related to pregnancy, child birth, breast feeding, and parenting;
new text end
new text begin
(4) if pregnant or recently given birth, has access to doula services if these services
are provided by a certified doula without charge or the incarcerated woman pays for the
services;
new text end
new text begin
(5) if pregnant or recently given birth, has access to a mental health assessment and,
if necessary, treatment while the incarcerated woman is pregnant and postpartum;
new text end
new text begin
(6) if pregnant or recently given birth and determined to be suffering from a mental
illness, has access to evidence-based mental health treatment including psychotropic
medication;
new text end
new text begin
(7) if pregnant or recently given birth and determined to be suffering from postpartum
depression, has access to evidence-based therapeutic care for the depression; and
new text end
new text begin
(8) if pregnant, is advised, orally or in writing, of applicable laws and policies
governing incarcerated pregnant women.
new text end