Minnesota Office of the Revisor of Statutes

Accessibility menu

Bills use visual text formatting such as stricken text to denote deleted language, and underlined text to denote new language. For users of the jaws screenreader it is recommended to configure jaws to use the proofreading scheme which will alter the pitch of the reading voice when reading stricken and underlined text. Instructions for configuring your jaws reader are provided by following this link.
If you can not or do not wish to configure your screen reader, deleted language will begin with the phrase "deleted text begin" and be followed by the phrase "deleted text end", new language will begin with the phrase "new text begin" and be followed by "new text end". Skip to text of SF 2423.

Menu

Revisor of Statutes Menu

SF 2423

as introduced - 88th Legislature (2013 - 2014) Posted on 03/26/2014 02:43pm

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

Pdf

Rtf

Version List Authors and Status

A bill for an act
relating to public safety; addressing the needs of incarcerated women related to
pregnancy and childbirth;proposing coding for new law in Minnesota Statutes,
chapter 241.

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

Section 1.

[241.87] DEFINITIONS.

As used in sections 241.88 and 241.89, the following terms have the meanings given:

(1) "certified doula" has the meaning given in section 148.995, subdivision 2;

(2) "correctional facility" has the meaning given in section 241.021, subdivision 1;

(3) "doula services" has the meaning given in section 148.995, subdivision 4;

(4) "postpartum" means the period of time following the birth of an infant to six
months after the birth; and

(5) "restrain" means the use of a mechanical or other device to constrain the
movement of a person's body or limbs.

Sec. 2.

[241.88] RESTRAINING AN INCARCERATED PREGNANT WOMAN.

Subdivision 1.

Restraint.

(a) A representative of a correctional facility may not
restrain a pregnant woman who is in labor.

(b) A representative of a correctional facility may not restrain a pregnant woman or
a woman who has given birth within the preceding three days 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.

(c) A representative of a correctional facility may restrain a woman who has given
birth within the preceding three days only if the representative makes an individualized
determination that the restraint is necessary to protect the safety of the woman or another,
prevent damage to property, or prevent flight.

(d) Notwithstanding paragraph (c), a representative of a correctional facility shall
remove any restraints placed upon a pregnant woman during a medical emergency or
upon a woman who has given birth within the preceding three days when directed to
do so by the medical professional responsible for the woman's medical care based on a
determination by the professional that the removal is medically necessary.

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

Subd. 2.

Required training.

The head of each correctional facility shall ensure that
staff members of the facility who come in contact with pregnant women incarcerated in
the facility are provided training on the provisions of this section.

Sec. 3.

[241.89] REQUIREMENTS FOR AN INCARCERATED WOMAN.

Subdivision 1.

Applicability.

This section applies only to a woman:

(1) incarcerated following conviction; and

(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.

Subd. 2.

Requirements.

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

(1) is tested for pregnancy;

(2) if pregnant, is tested for sexually transmitted diseases, including HIV;

(3) if pregnant or recently given birth, is provided appropriate educational materials
and resources related to pregnancy, child birth, breast feeding, and parenting;

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

(5) if pregnant or recently given birth, has access to a mental health assessment and,
if necessary, treatment while the incarcerated woman is pregnant and postpartum;

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

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

(8) if pregnant, is advised, orally or in writing, of applicable laws and policies
governing incarcerated pregnant women.

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 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 2.32 2.33 2.34 3.1 3.2

700 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 ♦ Phone: (651) 296-2868 ♦ TTY: 1-800-627-3529 ♦ Fax: (651) 296-0569