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DE SB190
Bill
AI Summary
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Prohibits correctional institutions from using restraints on pregnant prisoners during labor, delivery, and postpartum recovery unless an individualized determination finds extraordinary circumstances exist (substantial flight risk or serious medical/security concern)
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Bans leg and waist restraints entirely on any prisoner in labor or delivery, and requires immediate removal of all restraints if a treating healthcare provider requests it
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Requires corrections officials to apply restraints in the least restrictive manner necessary and file written findings within 10 days explaining the extraordinary circumstances; records must be kept for at least 5 years
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Mandates all affected Delaware correctional institutions adopt policies and procedures within 30 days of the Act's effective date and inform all staff, contractors, medical providers, and prisoners about these requirements within 60 days
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Requires the Department of Correction Commissioner to submit annual reports to the Governor certifying compliance and documenting all instances of shackling, with reports made available for public inspection
Legislative Description
An Act To Amend Title 11 Of The Delaware Code Relating To The Healthy Pregnancies For Incarcerated Women Act.
Last Action
Signed by Governor
7/12/2012