2023 Delaware Code
Title 11 - Crimes and Criminal Procedure
Chapter 66. Restraint of Pregnant Persons in Custody
§ 6604. Enforcement.
(a) By August 11, 2012, all affected correctional institutions in Delaware shall adopt policies and procedures, pursuant to this chapter as contemplated by § 4322(d) of this title.
(b) Correctional institutions shall inform pregnant and postpartum prisoners of the rules developed pursuant to subsection (a) of this section upon determination of the pregnancy.
(c) Notwithstanding any other provisions to the contrary or § 4322(c) and (d) of this title, correctional institutions shall inform all staff contractors, medical providers, prisoners and detainees in the custody of the affected correctional institutions about the policies and procedures developed pursuant to subsection (a) of this section.
(d) The Department of Correction shall develop training guidelines regarding the use of restraints on prisoners during pregnancy, labor, and postpartum recovery and shall incorporate guidelines into appropriate training programs. Training guidelines must include all of the following:
(1) How to identify certain symptoms of pregnancy that require immediate referral to a health-care professional.
(2) Circumstances under which the exceptions under subsection (a) of this section would apply and in the case that an exception under subsection (a) of this section applies, all of the following:
a. How to apply restraints in a way that does not harm the prisoner or fetus.
b. The information required to be reported under subsection (b) of this section.
c. The right of a health-care professional to request that restraints not be used and the requirement under paragraph (a)(2)a. of this section to comply with the request.
