2023 Delaware Code
Title 11 - Crimes and Criminal Procedure
Chapter 66. Restraint of Pregnant Persons in Custody
§ 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 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 an immediate and serious threat of harm to themselves, staff, or others, or a substantial flight risk that cannot reasonably be contained by any other means.
(4) “Immediate postpartum period” means the 13-week period following childbirth.
(5) “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.
(6) “Prisoner” 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'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.
