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2021 Utah Code
Title 64 - State Institutions
Chapter 13 - Department of Corrections - State Prison
Section 46 - Pregnant inmates.
Universal Citation:
UT Code § 64-13-46 (2021)
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Effective 5/14/2019
64-13-46. Pregnant inmates.
Enacted by Chapter 385, 2019 General Session
64-13-46. Pregnant inmates.
- (1) If the staff of a correctional facility knows or has reason to believe that an inmate is pregnant, the staff, when restraining the inmate, shall use the least restrictive restraints necessary to ensure the safety and security of the inmate and others. This requirement shall continue during postpartum recovery and any transport to or from a correctional facility.
- (2) The staff of a correctional facility may not use restraints on an inmate during labor and childbirth unless a correctional staff member makes an individualized determination that there are compelling grounds to believe that the inmate presents:
- (a) an immediate and serious risk of harm to herself, medical staff, correctional staff, or the public; or
- (b) a substantial risk of escape that cannot reasonably be reduced by the use of other existing means.
- (3) Notwithstanding Subsection (1) or (2), under no circumstances may shackles, leg restraints, or waist restraints be used on an inmate during labor and childbirth or postpartum recovery while in a medical facility.
- (4) Correctional staff present during labor or childbirth shall:
- (a) be stationed in a location that offers the maximum privacy to the inmate, while taking into consideration safety and security concerns; and
- (b) be female, if practicable.
- (5) If restraints are authorized under Subsection (1) or (2), a written record of the decision and use of the restraints shall be made that includes:
- (a) the correctional staff member's determination on the use of restraints;
- (b) the circumstances that necessitated the use of restraints;
- (c) the type of restraints that were used; and
- (d) the length of time the restraints were used.
- (6) The record created in Subsection (5):
- (a) shall be retained by the correctional facility for five years;
- (b) shall be available for public inspection with individually identifying information redacted; and
- (c) may not be considered a medical record under state or federal law.
- (7) As used in this section:
- (a) "Postpartum recovery" means, as determined by her physician, the period immediately following delivery, including the entire period a woman is in the hospital or medical facility after birth.
- (b) "Restraints" means any physical restraint or mechanical device used to control the movement of an inmate's body or limbs, including flex cuffs, soft restraints, shackles, or a convex shield.
- (c) "Shackles" means metal or iron restraints and includes hard metal handcuffs, leg irons, belly chains, or a security or tether chain.
Enacted by Chapter 385, 2019 General Session
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