NC H1038

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

Requires immediate removal of all restraints if any medical professional treating the pregnant prisoner or detainee requests their removal, and completely prohibits leg or waist restraints during labor or delivery under any circumstance.

Mandates that if restraints are used, they be applied in the least restrictive manner necessary and requires written findings within 10 days documenting the extraordinary circumstance justifying their use, kept on file for at least five years.

Requires all correctional facilities to develop rules implementing these requirements within 30 days and inform prisoners and detainees of those rules within 60 days of the act's effective date.

Appropriates $250,000 in recurring funds to the Department of Public Safety for fiscal year 2018-2019 to cover policy implementation, education, and training.