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SF 2423

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 05/02/2014 03:30pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to public safety; addressing the needs of incarcerated women related to
pregnancy and childbirth; authorizing an advisory committee; proposing coding
for new law in Minnesota Statutes, chapter 241.

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

Section 1.

new text begin [241.87] DEFINITIONS.
new text end

new text begin As used in sections 241.88 and 241.89, the following terms have the meanings given:
new text end

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

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

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

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

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

Sec. 2.

new text begin [241.88] RESTRAINING AN INCARCERATED PREGNANT WOMAN.
new text end

new text begin Subdivision 1. new text end

new text begin Restraint. new text end

new text begin (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.
new text end

new text begin (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 end

new text begin (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:
new text end

new text begin (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;
new text end

new text begin (2) a supervisor has made an individualized determination that restraints are
necessary to prevent escape or injury;
new text end

new text begin (3) there is no objection from the treating medical care provider; and
new text end

new text begin (4) the restraints used are the least restrictive type and are used in the least restrictive
manner.
new text end

new text begin (d) Section 645.241 does not apply to this section.
new text end

new text begin Subd. 2. new text end

new text begin Required training. new text end

new text begin 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.
new text end

Sec. 3.

new text begin [241.89] REQUIREMENTS FOR AN INCARCERATED WOMAN.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin This section applies only to a woman:
new text end

new text begin (1) incarcerated following conviction; and
new text end

new text begin (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.
new text end

new text begin Subd. 2. new text end

new text begin Requirements. new text end

new text begin The head of each correctional facility shall ensure that
every woman incarcerated at the facility:
new text end

new text begin (1) is tested for pregnancy, if under 50 years of age unless the inmate refuses the test;
new text end

new text begin (2) if pregnant and agrees to testing, is tested for sexually transmitted diseases,
including HIV;
new text end

new text begin (3) if pregnant or has given birth in the past six weeks, is provided appropriate
educational materials and resources related to pregnancy, child birth, breast feeding,
and parenting;
new text end

new text begin (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;
new text end

new text begin (5) if pregnant or has given birth in the past six weeks, has access to a mental
health assessment and, if necessary, treatment while the incarcerated woman is pregnant
and postpartum;
new text end

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

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

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

Sec. 4. new text beginADVISORY COMMITTEE.
new text end

new text begin (a) An advisory committee of stakeholders may be convened by a representative
from the University of Minnesota Department of Pediatrics. The committee shall consider
standards of evidence-based care, treatment, and education for incarcerated women and
girls who are pregnant or have recently given birth.
new text end

new text begin (b) The advisory committee may consist of representatives from corrections, human
services, and health; Isis Rising, Prison Doula Program; the Minnesota Better Birth
Coalition; Children's Defense Fund, Minnesota; and the Minnesota Sheriffs' Association.
new text end

new text begin (c) By January 15, 2015, the advisory committee shall report the committee's
findings to the chairs and ranking minority members of the senate and house of
representatives committees with jurisdiction over criminal justice policy.
new text end

Sec. 5. new text beginEFFECTIVE DATE; APPLICABILITY.
new text end

new text begin Section 4 is effective the day following final enactment. Sections 1 to 3 are effective
July 1, 2014, and apply to state correctional facilities on and after that date, and apply
to other correctional facilities on and after July 1, 2015.
new text end