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NC S610

Bill

Status

Introduced

3/26/2015

Primary Sponsor

Erica Smith-Ingram

Click for details

Origin

Senate

2015-2016 Session

AI Summary

  • Prohibits correctional institutions from using restraints on pregnant prisoners and detainees during pregnancy, labor, transport, delivery, and postpartum recovery unless an individualized determination finds an extraordinary circumstance exists.

  • Bans leg or waist restraints entirely during labor or delivery under any circumstances, and requires immediate removal of all restraints upon request by a health professional.

  • Requires corrections officials to make written findings within 10 days if restraints are used, documenting the extraordinary circumstance; records must be kept on file for at least five years.

  • Allows persons restrained in violation of this article to file complaints within two years and pursue civil suits in superior court, with potential awards for punitive damages, compensatory damages, and attorneys' fees.

  • Requires the Division of Adult Correction and local governments to develop rules within 30 days, inform all prisoners and detainees within 60 days, and provide annual reports to the Joint Legislative Oversight Committee on Justice and Public Safety regarding any use of restraints on pregnant individuals.

Legislative Description

Healthy Pregnancies/Prisoners and Detainees

Last Action

Re-ref Com On Health Care

4/28/2015

Committee Referrals

Health Care4/28/2015
Judiciary II4/22/2015
Rules and Operations of the Senate3/30/2015

Full Bill Text

No bill text available