1. Restraints prohibited. A correctional facility or a detention facility may not use restraints on a prisoner or juvenile known to be pregnant, including during transport to a medical facility or birthing center, labor, delivery and postpartum recovery, unless the chief administrative officer or the designee of the chief administrative officer makes a determination that the prisoner or juvenile presents an extraordinary circumstance as described in subsection 2.

[PL 2015, c. 315, §4 (NEW).]

Terms Used In Maine Revised Statutes Title 34-A Sec. 3102

  • Chief administrative officer: means the head of a correctional facility or a detention facility. See Maine Revised Statutes Title 34-A Sec. 1001
  • Correctional facility: means any facility that falls under the jurisdiction of the department, but does not include any facility for which the department is required to establish standards pursuant to section 1208 or 1208?A. See Maine Revised Statutes Title 34-A Sec. 1001
  • Corrections officer: means a person who is responsible for the custody or direct supervision of a person confined in a jail, prison or state correctional facility pursuant to an order of a court or as a result of an arrest and who possesses a current and valid certificate issued by the Board of Trustees of the Maine Criminal Justice Academy pursuant to Title 25, section 2803-A. See Maine Revised Statutes Title 34-A Sec. 3101
  • Detention facility: means the Long Creek Youth Development Center. See Maine Revised Statutes Title 34-A Sec. 1001
  • Juvenile: means juvenile client or juvenile detainee. See Maine Revised Statutes Title 34-A Sec. 3101
  • 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. See Maine Revised Statutes Title 34-A Sec. 3101
  • Postpartum recovery: means , as determined by a woman's physician, the period immediately following delivery, including the entire period the woman is in the hospital or infirmary after giving birth. See Maine Revised Statutes Title 34-A Sec. 3101
  • Prisoner: means an adult person sentenced and committed to, transferred to or detained in the custody of the department, including a person on supervised community confinement. See Maine Revised Statutes Title 34-A Sec. 1001
  • Restraints: means any physical restraint or mechanical device used to control the movement of a prisoner's or juvenile's body or limbs, including, but not limited to, disposable or soft restraints, handcuffs, a security restraint system that combines handcuffs with a rigid component, leg irons, belly chains, a security or tether chain and a convex shield. See Maine Revised Statutes Title 34-A Sec. 3101
2. Exceptions. Use of restraints on a pregnant prisoner or a pregnant juvenile for an extraordinary circumstance is permitted only if the chief administrative officer or the designee of the chief administrative officer makes a determination that there is a substantial flight risk or other extraordinary medical or security circumstance that requires restraints to be used to ensure the safety and security of the pregnant prisoner or pregnant juvenile, the staff of the correctional facility, detention facility or medical facility, other prisoners or juveniles or the public, except that:
A. If a doctor, nurse or other health professional treating the prisoner or juvenile requests that restraints not be used, the corrections officer accompanying the prisoner or juvenile shall immediately remove all restraints; and [PL 2015, c. 315, §4 (NEW).]
B. Notwithstanding this subsection, leg or waist restraints may not be used at any time, and restraints may not be used on a prisoner or juvenile in labor or childbirth. [PL 2015, c. 315, §4 (NEW).]

[PL 2015, c. 315, §4 (NEW).]

3. Procedures. If restraints are used on a pregnant prisoner or pregnant juvenile pursuant to subsection 2:
A. The corrections officer must apply the least restrictive type of restraints in the least restrictive manner necessary; and [PL 2015, c. 315, §4 (NEW).]
B. The chief administrative officer or the designee of the chief administrative officer shall make written findings within 10 days as to the extraordinary circumstance that required the use of the restraints. These findings must be kept on file by the correctional facility or detention facility for at least 5 years and must be made available for public inspection, except that individually identifying information of any prisoner or juvenile may not be made public under this paragraph without the prior written consent of the prisoner or juvenile. [PL 2015, c. 315, §4 (NEW).]

[PL 2015, c. 315, §4 (NEW).]

4. Privacy. When a prisoner or juvenile is admitted to a medical facility or birthing center for labor or childbirth, a corrections officer may not be present in the room during labor or childbirth unless specifically requested by medical personnel. If a corrections officer’s presence is requested by medical personnel, the corrections officer must be female if practicable.

[PL 2015, c. 315, §4 (NEW).]

SECTION HISTORY

PL 2015, c. 315, §4 (NEW).
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