Utah Code 64-13-46. Pregnant inmates

(1)

As used in this section:

Terms Used In Utah Code 64-13-46

Correctional facility: means any facility operated to house offenders in a secure or nonsecure setting:

(a)	by the department; or

(b)

under a contract with the department. See Utah Code 64-13-1

Inmate: means an individual who is:

(a)	committed to the custody of the department; and

(b)	housed at a correctional facility or at a county jail at the request of the department. See Utah Code 64-13-1 State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(a)	“Postpartum recovery” means, as determined by the pregnant inmate‘s physician, the period immediately following delivery, including the entire period the inmate is in the hospital or health care 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)

(i)	“Shackles” means metal restraints, including leg irons, belly chains, or a security or tether chain.

(ii)	“Shackles” does not include hard metal handcuffs.

(2)

Subject to Subsections (3) and (4), if the staff of a correctional facility knows or has reason to believe that an inmate is pregnant or is in postpartum recovery, the staff shall, when restraining the inmate at any time or location, use the least restrictive restraints necessary to ensure the safety and security of the inmate and others.

(3)

A correctional staff member may not use restraints on an inmate during the third trimester of pregnancy, labor, or 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 the inmate, the inmate’s infant, 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.

(4)	Notwithstanding Subsection (3), under no circumstances may shackles, leg restraints, or waist restraints be used on an inmate during the third trimester of pregnancy, labor, childbirth, or postpartum recovery.

(5)

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.

(6)

If a correctional staff member authorizes restraints under Subsection (2) or (3), the correctional staff member shall make a written record of the authorization and use of the restraints that includes:

(a)	an explanation of the grounds for the correctional staff member’s authorization on the use of restraints;

(b)	the type of restraints that were used; and

(c)	the length of time the restraints were used.

(7)

The record described in Subsection (6):

(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.

(8)	For a minimum of 48 hours after an inmate has given birth, a correctional facility shall, if directed by the inmate’s physician, allow the infant to remain with the inmate at the health care facility.

(9)

A correctional facility shall provide:

(a)

an inmate who is pregnant, or who has given birth within the past six weeks, access to a social worker to help the inmate:

(i)	arrange childcare;

(ii)	establish a reunification plan; and

(iii)

establish a substance abuse treatment plan, if needed; and

(b)	an inmate in postpartum recovery access to postpartum care for up to 12 weeks as determined by the inmate’s physician.

Amended by Chapter 420, 2023 General Session

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