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Public Act 097-0660


 

Public Act 0660 97TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 097-0660
 
HB1958 EnrolledLRB097 08003 RLC 50873 b

    AN ACT concerning corrections.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Counties Code is amended by changing Section
3-15003.6 as follows:
 
    (55 ILCS 5/3-15003.6)
    Sec. 3-15003.6. Pregnant female prisoners.
    (a) Definitions. For the purpose of this Section:
        (1) "Restraints" means any physical restraint or
    mechanical device used to control the movement of a
    prisoner's body or limbs, or both, including, but not
    limited to, flex cuffs, soft restraints, hard metal
    handcuffs, a black box, Chubb cuffs, leg irons, belly
    chains, a security (tether) chain, or a convex shield, or
    shackles of any kind.
        (2) "Labor" means the period of time before a birth and
    shall include any medical condition in which a woman is
    sent or brought to the hospital for the purpose of
    delivering her baby. These situations include: induction
    of labor, prodromal labor, pre-term labor, prelabor
    rupture of membranes, the 3 stages of active labor, uterine
    hemorrhage during the third trimester of pregnancy, and
    caesarian delivery including pre-operative preparation.
        (3) "Post-partum" means, as determined by her
    physician, the period immediately following delivery,
    including the entire period a woman is in the hospital or
    infirmary after birth.
        (4) "Correctional institution" means any entity under
    the authority of a county law enforcement division of a
    county of more than 3,000,000 inhabitants that has the
    power to detain or restrain, or both, a person under the
    laws of the State.
        (5) "Corrections official" means the official that is
    responsible for oversight of a correctional institution,
    or his or her designee.
        (6) "Prisoner" means any person incarcerated or
    detained in any facility who is accused of, convicted of,
    sentenced for, or adjudicated delinquent for, violations
    of criminal law or the terms and conditions of parole,
    probation, pretrial release, or diversionary program, and
    any person detained under the immigration laws of the
    United States at any correctional facility.
        (7) "Extraordinary circumstance" means an
    extraordinary medical or security circumstance, including
    a substantial flight risk, that dictates restraints be used
    to ensure the safety and security of the prisoner, the
    staff of the correctional institution or medical facility,
    other prisoners, or the public.
    (b) A county department of corrections shall not apply
security restraints to a prisoner that has been determined by a
qualified medical professional to be pregnant and is known by
the county department of corrections to be pregnant or in
postpartum recovery, which is the entire period a woman is in
the medical facility after birth, unless the corrections
official makes an individualized determination that the
prisoner presents a substantial flight risk or some other
extraordinary circumstance that dictates security restraints
be used to ensure the safety and security of the prisoner, her
child or unborn child, the staff of the county department of
corrections or medical facility, other prisoners, or the
public. The protections set out in clauses (b)(3) and (b)(4) of
this Section shall apply to security restraints used pursuant
to this subsection. The corrections official shall immediately
remove all restraints upon the written or oral request of
medical personnel. Oral requests made by medical personnel
shall be verified in writing as promptly as reasonably
possible.
        (1) Qualified authorized health staff shall have the
    authority to order therapeutic restraints for a pregnant or
    postpartum prisoner who is a danger to herself, her child,
    unborn child, or other persons due to a psychiatric or
    medical disorder. Therapeutic restraints may only be
    initiated, monitored and discontinued by qualified and
    authorized health staff and used to safely limit a
    prisoner's mobility for psychiatric or medical reasons. No
    order for therapeutic restraints shall be written unless
    medical or mental health personnel, after personally
    observing and examining the prisoner, are clinically
    satisfied that the use of therapeutic restraints is
    justified and permitted in accordance with hospital
    policies and applicable State law. Metal handcuffs or
    shackles are not considered therapeutic restraints.
        (2) Whenever therapeutic restraints are used by
    medical personnel, Section 2-108 of the Mental Health and
    Developmental Disabilities Code shall apply.
        (3) Leg irons, shackles or waist shackles shall not be
    used on any pregnant or postpartum prisoner regardless of
    security classification. Except for therapeutic restraints
    under clause (b)(2), no restraints of any kind may be
    applied to prisoners during labor.
        (4) When a pregnant or postpartum prisoner must be
    restrained, restraints used shall be the least restrictive
    restraints possible to ensure the safety and security of
    the prisoner, her child, unborn child, the staff of the
    county department of corrections or medical facility,
    other prisoners, or the public, and in no case shall
    include leg irons, shackles or waist shackles.
        (5) Upon the pregnant prisoner's entry into a hospital
    room, and completion of initial room inspection, a
    corrections official shall be posted immediately outside
    the hospital room, unless requested to be in the room by
    medical personnel attending to the prisoner's medical
    needs.
        (6) The county department of corrections shall provide
    adequate corrections personnel to monitor the pregnant
    prisoner during her transport to and from the hospital and
    during her stay at the hospital.
        (7) Where the county department of corrections
    requires prisoner safety assessments, a corrections
    official may enter the hospital room to conduct periodic
    prisoner safety assessments, except during a medical
    examination or the delivery process.
        (8) Upon discharge from a medical facility, postpartum
    prisoners shall be restrained only with handcuffs in front
    of the body during transport to the county department of
    corrections. A corrections official shall immediately
    remove all security restraints upon written or oral request
    by medical personnel. Oral requests made by medical
    personnel shall be verified in writing as promptly as
    reasonably possible.
    (c) Enforcement. No later than 30 days before the end of
each fiscal year, the county sheriff or corrections official of
the correctional institution where a pregnant prisoner has been
restrained during that previous fiscal year, shall submit a
written report to the Illinois General Assembly and the Office
of the Governor that includes an account of every instance of
prisoner restraint pursuant to this Section. The written report
shall state the date, time, location and rationale for each
instance in which restraints are used. The written report shall
not contain any individually identifying information of any
prisoner. Such reports shall be made available for public
inspection.
Notwithstanding any other statute, directive, or
administrative regulation, when a pregnant female prisoner is
brought to a hospital from a County Department of Corrections
facility for the purpose of delivering her baby, no handcuffs,
shackles, or restraints of any kind may be used during her
transport to a medical facility for the purpose of delivering
her baby. Under no circumstances may leg irons or shackles or
waist shackles be used on any pregnant female prisoner who is
in labor. Upon the pregnant female prisoner's entry to the
hospital delivery room, a county correctional officer must be
posted immediately outside the delivery room. The Sheriff must
provide for adequate personnel to monitor the pregnant female
prisoner during her transport to and from the hospital and
during her stay at the hospital.
(Source: P.A. 91-253, eff. 1-1-00.)

Effective Date: 6/1/2012