Text of section as added by Acts 2019, 86th Leg., R.S., Ch. 1074 (H.B. 1651), Sec. 2

For text of section as added by Acts 2019, 86th Leg., R.S., Ch. 891 (H.B. 3440), Sec. 1, see other Sec. 511.0104.

Sec. 511.0104. RULES REGARDING RESTRAINT OF PREGNANT PRISONER. (a) The commission shall adopt reasonable rules and procedures regarding the use of any type of restraints to control or restrict the movement of a prisoner, including a limb or other part of the prisoner, who is confirmed to be pregnant or who gave birth in the preceding 12 weeks.

(b) The rules and procedures must:

(1) prohibit the use of restraints on a prisoner described by Subsection (a) for the duration of the pregnancy and for a period of not less than 12 weeks after the prisoner gives birth unless:

(A) supervisory personnel determines:

(i) the use of restraints is necessary to prevent an immediate and credible risk that the prisoner will attempt to escape; or

(ii) the prisoner poses an immediate and serious threat to the health and safety of the prisoner, staff, or any member of the public; or

(B) a health care professional responsible for the health and safety of the prisoner determines that the use of restraints is appropriate for the health and safety of the prisoner and, if applicable, the unborn child of the prisoner;

(2) require jail staff that uses restraints as permitted under Subdivision (1) to use the least restrictive restraints necessary to prevent escape or to ensure health and safety; and

(3) notwithstanding Subdivision (1), require jail staff to, at the request of a health care professional responsible for the health and safety of the prisoner, refrain from using restraints on the prisoner or to remove the restraints.

Added by Acts 2019, 86th Leg., R.S., Ch. 1074 (H.B. 1651), Sec. 2, eff. September 1, 2019.