2017 Delaware Code
Title 11 - Crimes and Criminal Procedure
CHAPTER 66. RESTRAINT OF PREGNANT PRISONERS
§ 6602. Definitions.

As used in this chapter:

(1) "Correctional institution'' means any entity under the authority of any state, county, or municipal law-enforcement division that has the power to detain and/or restrain a person under the laws of the State.

(2) "Corrections official'' means the official responsible for oversight of a correctional institution, or his or her designee.

(3) "Extraordinary circumstances'' means a substantial flight risk or some other extraordinary medical or security circumstance that dictates restraints be used 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.

(4) "Labor'' means 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.

(5) "Postpartum recovery'' means, as determined by a woman's physician, the period immediately following delivery, including the entire period she is in the hospital or infirmary after birth.

(6) "Prisoner or detainee'' means any person incarcerated or detained in any facility who is accused of, convicted of, sentenced for, or adjudicated delinquent for, violations of a criminal law or the terms and conditions of parole, probation, pretrial release, or diversionary program. Included is any person detained under the immigration laws of the United States at any correctional facility.

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

78 Del. Laws, c. 330, § 1; 70 Del. Laws, c. 186, § 1.;