Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature

HF 1247

as introduced - 89th Legislature (2015 - 2016) Posted on 02/26/2015 05:25pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/25/2015

Current Version - as introduced

Line numbers 1.1 1.2 1.3 1.4 1.5 1.6
1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 2.1 2.2 2.3 2.4 2.5 2.6
2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15
2.16 2.17 2.18 2.19 2.20
2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13
3.14 3.15

A bill for an act
relating to public safety; addressing needs of incarcerated women relating to
pregnancy and childbirth; requiring a report on use of restraints; amending
Minnesota Statutes 2014, sections 241.88, subdivision 1, by adding a subdivision;
241.89, subdivisions 1, 2.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2014, section 241.88, subdivision 1, is amended to read:


Subdivision 1.

Restraint.

(a) A representative of a correctional facility may not
restrain a woman known to be pregnant unless the representative makes an individualized
determination that restraints are reasonably necessary for the legitimate safety and security
needs of the woman, correctional staff, or public. If restraints are determined to be
necessary, the restraints must be the least restrictive available and the most reasonable
under the circumstances.

(b) A representative of a correctional facility may not restrain a woman known to be
pregnant while the woman is being transported if the restraint is through the use of waist
chains or other devices that cross or otherwise touch the woman's abdomen or handcuffs
or other devices that cross or otherwise touch the woman's wrists when affixed behind the
woman's back.new text begin If used, wrist restraints should be applied in such a way that the pregnant
woman may be able to protect herself and her fetus in the event of a forward fall.
new text end

(c) A representative of a correctional facility may restrain a woman who is in labor
or who has given birth within the preceding three days only if:

(1) there is a substantial flight risk or some other extraordinary medical or security
circumstance that dictates restraints be used to ensure the safety and security of the
woman, the staff of the correctional or medical facility, other inmates, or the public;

(2) the representative has made an individualized determination that restraints are
necessary to prevent escape or injury;

(3) there is no objection from the treating medical care provider; and

(4) the restraints used are the least restrictive type and are used in the least restrictive
manner.

(d) Section 645.241 does not apply to this section.

Sec. 2.

Minnesota Statutes 2014, section 241.88, is amended by adding a subdivision
to read:


new text begin Subd. 3. new text end

new text begin Required annual report. new text end

new text begin By February 15 of each year, the commissioner
shall report to the chairs and ranking minority members of the senate and house of
representatives committees and divisions having jurisdiction over criminal justice policy
and funding on the use of restraints on pregnant women, women in labor, and women
who have given birth in the preceding three days, who are incarcerated in state and local
correctional facilities during the preceding calendar year. For reporting purposes, the use of
restraints does not include use of hand cuffs on the front of the body of a pregnant woman.
new text end

Sec. 3.

Minnesota Statutes 2014, section 241.89, subdivision 1, is amended to read:


Subdivision 1.

Applicability.

This section applies only to a woman:

(1) incarcerated following conviction; deleted text begin anddeleted text end new text begin or
new text end

(2) incarcerated before conviction beyond the period specified for the woman's initial
appearance before the court in Rules of Criminal Procedure, rules 3.02, 4.01, and 4.02.

Sec. 4.

Minnesota Statutes 2014, section 241.89, subdivision 2, is amended to read:


Subd. 2.

Requirements.

The head of each correctional facility shall ensure that
every woman incarcerated at the facility:

(1) is tested for pregnancynew text begin on or before day 14 of incarcerationnew text end , if under 50 years
of age unless the inmate refuses the test;

(2) if pregnant deleted text begin and agrees to testing, is tested for sexually transmitted diseases,
including HIV
deleted text end new text begin , is provided the prevailing standard of care or current practice by the
medical care provider's peer group
new text end ;

(3) if pregnant or has given birth in the past six weeks, is provided appropriate
educational materials and resources related to pregnancy, childbirth, breastfeeding, and
parenting;

(4) if pregnant or has given birth in the past six weeks, has access to doula services if
these services are provided by a certified doula without charge to the correctional facility
or the incarcerated woman pays for the certified doula services;

(5) if pregnant or has given birth in the past six months, has access to a mental health
assessment and, if necessary, treatment;

(6) if pregnant or has given birth in the past six months and determined to be
suffering from a mental illness, has access to evidence-based mental health treatment
including psychotropic medication;

(7) if pregnant or has given birth in the past six months and determined to be
suffering from postpartum depression, has access to evidence-based therapeutic care for
the depression; and

(8) if pregnantnew text begin or has given birth in the past six monthsnew text end , is advised, orally or in
writing, of applicable laws and policies governing incarcerated pregnant women.

Sec. 5. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 4 are effective July 1, 2015.
new text end