(a) Duties of correctional institution.--Consistent with established policy and practice, it shall be the duty and responsibility of the correctional institution to provide adequate personnel to monitor the pregnant prisoner or detainee during transport to and from the medical facility and during her stay at the medical facility.

(b) Restraint of pregnant prisoners and detainees.--

(1) Unless provided in paragraph (2), a correctional institution shall not apply restraints to a prisoner or detainee known to be pregnant during any stage of labor, any pregnancy-related medical distress, any period of delivery, any period of postpartum as defined in subsection (e) or transport to a medical facility as a result of any of the preceding conditions or transport to a medical facility after the beginning of the second trimester of pregnancy.

(2) Paragraph (1) shall not bar reasonable restraint provided the correctional institution staff assigned to the prisoner or detainee makes an individualized determination that the prisoner or detainee presents a substantial risk of imminent flight or some other extraordinary medical or security circumstance dictates that the prisoner or detainee be restrained to ensure the safety and security of the prisoner or detainee, the staff of the correctional institution or medical facility, other prisoners or detainees or the public. The assigned correctional institution staff shall report the incident to the correctional institution in a reasonable amount of time after the restraint occurs. If the assigned correctional institution staff is not employed by the correctional institution, then the assigned correctional institution staff shall report the restraint to the correctional institution in a reasonable amount of time after the incident occurs.

(3) If restraint is applied under paragraph (2), at no time shall the prisoner or detainee be left unattended by a correctional institution staff with the ability to release the restraint should a release become medically necessary.

(4) When a restraint is permitted under this section, a correctional institution shall use the least restrictive restraint necessary when the facility has actual or constructive knowledge that a prisoner or detainee is in the second or third trimester of pregnancy.

(c) Restraints.--The following shall apply to a prisoner or detainee who has been restrained under this subsection:

(1) The correctional institution staff accompanying the prisoner or detainee shall immediately remove all restraints upon request of a doctor, nurse or other health care professional.

(2) Leg or waist restraints shall not be used on any prisoner or detainee who is in labor.

(3) The type of restraint applied and the application of the restraint shall be done in the least restrictive manner possible.

(d) Annual report.--No later than August 1 of each year, the secretary and the Secretary of Public Welfare shall each submit to the Governor's Office a written report containing information regarding the use of restraints on any pregnant prisoner or detainee during the preceding fiscal year specifically identifying and enumerating the circumstances that led to the determination that the prisoner or detainee fell under the exception in subsection (b)(2). The secretary shall report on pregnant prisoners or detainees in the custody of correctional institutions operated, supervised or licensed by the department. The Secretary of Public Welfare shall report on pregnant prisoners or detainees in the custody of correctional institutions operated, supervised or licensed by the Department of Public Welfare pursuant to the act of June 13, 1967 (P.L.31, No.21), known as the Public Welfare Code. The reports shall not contain any identifying information of any prisoner or detainee. The reports shall be posted on the Governor's Internet website and shall be made available for public inspection at the offices of the department and the Department of Public Welfare, respectively.

(e) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

"Correctional institution." Any entity under the authority of the state or any county or municipality that has the power to detain and restrain a person under the laws of this Commonwealth.

"Detainee." Includes any person detained under the immigration laws of the United States at any correctional facility.

"Labor." The period of time before a birth during which contractions are of sufficient frequency, intensity and duration to bring about effacement and progressive dilation of the cervix. The determination of when labor has commenced shall rest solely with the medical providers of the prisoner or detainee.

"Postpartum." The period following delivery before a prisoner or detainee has been discharged from a medical facility.

"Prisoner." Any person incarcerated or detained in any correctional institution who is accused of, convicted of, sentenced for or adjudicated delinquent for violations of criminal law or the terms and conditions of parole, probation, pretrial release or a diversionary program.

"Restraint." Any physical hold or mechanical device used to control the movement of a prisoner's or detainee's body and limbs, including, but not limited to, shackles, flex cuffs, soft restraints, hard metal handcuffs, a black box, Chubb cuffs, leg irons, belly chains, a security (tether) chain or a convex shield.

(July 2, 2010, P.L.275, No.45, eff. 60 days)

2010 Amendment. Act 45 added section 5905.

References in Text. The Department of Public Welfare, referred to in subsec. (d), was redesignated as the Department of Human Services by Act 132 of 2014.

The Secretary of Public Welfare, referred to in subsec. (d), was redesignated as the Secretary of Human Services by Act 132 of 2014.

The short title of the act of June 13, 1967 (P.L.31, No.21), known as the "Public Welfare Code," referred to in subsec. (d), was amended by the act of December 28, 2015 (P.L.500, No.92). The amended short title is now the Human Services Code.

Cross References. Section 5905 is referred to in sections 1104, 1758 of this title.