Virginia Code 53.1-40.13: Treatment of prisoners during postpartum recovery.
A. No restraints shall be used on any prisoner who is in postpartum recovery, unless an employee of the Department has a reasonable belief that the prisoner will harm herself, her newborn child, or any other person or poses a substantial flight risk. If there is a reasonable belief that the prisoner will harm herself, her newborn child, or any other person or poses a substantial flight risk and restraints are used, such restraints shall be the least restrictive possible. In such case, the employee ordering the use of restraints shall submit a written report to the warden or other official in charge of the state correctional facility within 72 hours following the use of restraints, containing justification for restraining the prisoner.
Terms Used In Virginia Code 53.1-40.13
- Person: includes any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof. See Virginia Code 1-230
- Postpartum recovery: means the eight-week period, or longer as determined by the health care professional responsible for the health and safety of the prisoner, following childbirth. See Virginia Code 53.1-40.11
- Restraints: means any mechanical device, medication, physical intervention, or hands-on hold to prevent an individual from moving her body. See Virginia Code 53.1-40.11
- Restrictive housing: means the same as that term is defined in § Virginia Code 53.1-40.11
- Solitary confinement: means isolation of a prisoner from the general population through confinement to a cell or other place for 22 or more hours within a 24-hour period. See Virginia Code 53.1-40.11
- State: when applied to a part of the United States, includes any of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, and the United States Virgin Islands. See Virginia Code 1-245
- State correctional facility: means any correctional center or correctional field unit used for the incarceration of adult offenders established and operated by the Department of Corrections, or operated under contract pursuant to § Virginia Code 53.1-1
B. The Department shall not place any prisoner who has given birth in the past 30 days and is in postpartum recovery in restrictive housing or solitary confinement unless an employee of the Department has a reasonable belief that the inmate will harm herself, her newborn child, or any other person or poses a substantial flight risk. In such case, the employee authorizing the placement of the inmate in restrictive housing or solitary confinement shall submit a written report to the warden or other official in charge of the state correctional facility within 72 hours following the transfer, containing the justification for confining the prisoner in restrictive housing or solitary confinement.
C. Following the delivery of a newborn child by a prisoner, the Department shall permit the newborn child to remain with the mother for 72 hours unless a licensed medical or mental health care professional has a reasonable belief that the newborn child remaining with the mother poses a health or safety risk to the newborn child. During the 72 hours, the Department shall make available the necessary nutritional and hygiene products to care for the newborn child, including diapers, and the necessary postpartum recovery products for the mother. If the prisoner qualifies as indigent, such products shall be provided without cost.
2020, c. 526.