State of Illinois
91st General Assembly
Legislation

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91_HB0392

 
                                               LRB9102143RCks

 1        AN ACT in relation to pregnant female prisoners.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The  Counties  Code  is  amended  by  adding
 5    Section 3-15003.6 as follows:

 6        (55 ILCS 5/3-15003.6 new)
 7        Sec.      3-15003.6.  Pregnant      female     prisoners.
 8    Notwithstanding   any   other    statute,    directive,    or
 9    administrative regulation, when a pregnant female prisoner is
10    brought to a hospital from a County Department of Corrections
11    facility   for   the  purpose  of  delivering  her  baby,  no
12    handcuffs, shackles, or restraints of any kind  may  be  used
13    during her transport to a medical facility for the purpose of
14    delivering her baby.  Under no circumstances may leg irons or
15    shackles  or  waist  shackles  be used on any pregnant female
16    prisoner  who  is  in  labor.   Upon  the   pregnant   female
17    prisoner's  entry  to  the  hospital  delivery room, a county
18    correctional officer must be posted immediately  outside  the
19    delivery   room.   The  Sheriff  must  provide  for  adequate
20    personnel to monitor the pregnant female prisoner during  her
21    transport to and from the hospital and during her stay at the
22    hospital.

23        Section  10.  The  Unified Code of Corrections is amended
24    by adding Section 3-6-7 as follows:

25        (730 ILCS 5/3-6-7 new)
26        Sec.   3-6-7.  Pregnant   female    committed    persons.
27    Notwithstanding    any    other    statute,   directive,   or
28    administrative regulation, when a pregnant  female  committed
29    person is brought to a hospital from an Illinois correctional
 
                            -2-                LRB9102143RCks
 1    center  for the purpose of delivering her baby, no handcuffs,
 2    shackles, or restraints of any kind may be  used  during  her
 3    transport to a medical facility for the purpose of delivering
 4    her  baby.   Under no circumstances may leg irons or shackles
 5    or waist shackles be used on any  pregnant  female  committed
 6    person  who  is in labor.  Upon the pregnant female committed
 7    person's entry to the hospital delivery room, a  correctional
 8    officer must be posted immediately outside the delivery room.
 9    The Department must provide for adequate personnel to monitor
10    the  pregnant female committed person during her transport to
11    and from the hospital and during her stay at the hospital.

12        Section 15.  The County Jail Act  is  amended  by  adding
13    Section 17.5 as follows:

14        (730 ILCS 125/17.5 new)
15        Sec.  17.5.  Pregnant  female prisoners.  Notwithstanding
16    any other statute, directive, or  administrative  regulation,
17    when a pregnant female prisoner is brought to a hospital from
18    a  county  jail  for  the  purpose of delivering her baby, no
19    handcuffs, shackles, or restraints of any kind  may  be  used
20    during her transport to a medical facility for the purpose of
21    delivering her baby.  Under no circumstances may leg irons or
22    shackles  or  waist  shackles  be used on any pregnant female
23    prisoner  who  is  in  labor.   Upon  the   pregnant   female
24    prisoner's  entry  to  the  hospital  delivery room, a county
25    correctional officer must be posted immediately  outside  the
26    delivery   room.   The  Sheriff  must  provide  for  adequate
27    personnel to monitor the pregnant female prisoner during  her
28    transport to and from the hospital and during her stay at the
29    hospital.

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