§ 801a. Pregnant inmates

(a) It shall be the policy of the State of Vermont to respect the unique health issues associated with a pregnant inmate. The Department of Corrections shall not routinely restrain pregnant inmates who are beyond their first trimester of pregnancy in the same manner as other inmates, recognizing that to do so might pose undue health risks for the mother and unborn child.

(b) The Commissioner of Corrections shall ensure that all reasonable and appropriate measures consistent with public safety are made to transport a pregnant inmate in a manner that:

(1) prevents physical and psychological trauma;

(2) respects the privacy of the individual; and

(3) represents the least restrictive means necessary for the safety of the inmate, medical and correctional personnel, and the public.

(c) Unless the inmate presents a substantial flight risk or other extraordinary circumstances dictate otherwise, mechanical restraints of any kind shall not be used on a pregnant inmate after she has been declared by an attending health care practitioner to be in active labor. The inmate shall remain unrestrained after delivery while in recovery at the hospital. If restraints are used while the inmate is in labor or in the hospital during recovery after delivery, the Commissioner of Corrections 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. (Added 2005, No. 180 (Adj. Sess.), § 4.)