12-32-102. Restraint of pregnant inmate or detainee.

12-32-102. Restraint of pregnant inmate or detainee. (a) A correctional or detention facility shall not place an inmate or detainee verified to be pregnant, in labor, or in post-partum recovery in restraints unless: (1) The correctional or detention facility makes a reasonable and individualized determination that the inmate or detainee presents a substantial flight risk; or (2) An extraordinary medical or security circumstance dictates that the inmate or detainee be restrained to: (A) Ensure the safety and security of: (i) The inmate, detainee, or child; (ii) The staff of the correctional or detention facility, or medical facility; (iii) Other inmates or detainees; or (iv) The public; or (B) Prevent the risk of escape by the inmate or detainee that cannot be reasonably minimized through a safer method than restraints. (b)(1) If the correctional or detention facility determines that the inmate or detainee is required to be restrained under subsection (a) of this section, the restraints shall be removed if a physician, nurse, or other health professional requests that the inmate or detainee not be restrained. (2)(A) The physician, nurse, or other health professional providing inmate or detainee obstetric care shall have final decision-making authority on the use of restraints while the inmate or detainee is in labor or delivery. (B) If the inmate or detainee is not under the care of a physician, nurse, or other health professional, the official at the correctional or detention facility primarily responsible for medical care of inmates or detainees shall have final decision-making authority on the use of restraints and shall consult with a physician, nurse, or other healthcare provider who specializes in obstetrics about the use of restraints on the inmate or detainee. (c) If restraints are used on a pregnant inmate or detainee under subsection (a) of this section: (1)(A) The type of restraints shall be the least restrictive type necessary, and the restraints shall be applied in the least restrictive manner necessary. (B) Leg or waist restraints shall not be used on any inmate or detainee who is in labor. (C) Leg restraints shall not be used on a pregnant inmate who is not in a wheelchair, bed, or gurney; (2) The restraints shall always be forward-facing, designed to restrain the person's hands in front of the person to protect the person and others; (3) Only soft restraints may be used; and (4)(A) The correctional or detention facility shall make written findings within ten (10) days regarding the substantial flight risk of that inmate or detainee or other extraordinary medical or security circumstance that dictated the inmate or detainee be restrained to ensure the safety and security of the inmate or detainee, the child, staff of the correctional or detention facility, or medical facility, other inmates or detainees, or the public. (B) The written findings under subdivision (c)(4)(A) of this section shall be maintained by the correctional or detention facility for at least five (5) years and be made available for public inspection, except that information identifying any inmate or detainee or that could lead to the identification of the inmate or detainee shall not be made public. (d) If restraints are used during labor, the Division of Correction or the Division of Community Correction, as applicable, shall report the use of restraints during labor to the Board of Corrections and to the Attorney General.