HB5539 101ST GENERAL ASSEMBLY

LRB101 17618 RLC 67045 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5539

Introduced , by Rep. Mary E. Flowers

SYNOPSIS AS INTRODUCED:

See Index

Amends the Counties Code, the Unified Code of Corrections, and the County Jail Act. Provides that the Cook County Department of Corrections, the Illinois Department of Corrections, and the county sheriffs shall provide training relating to medical and mental health care issues applicable to pregnant prisoners to: (1) each correctional officer employed by the respective Department or sheriff at a facility in which female prisoners are confined; and (2) any other Department or sheriff employee whose duties involve contact with pregnant prisoners. Provides that the Department or sheriff shall develop and provide to each pregnant prisoner educational programming relating to pregnancy and parenting. Provides that the Department or sheriff shall ensure that, for a period of 72 hours after the birth of an infant by a prisoner: (1) the infant is allowed to remain with the prisoner, unless a medical professional determines doing so would pose a health or safety risk to the prisoner or infant; and (2) the prisoner has access to any nutritional or hygiene-related products necessary to care for the infant, including diapers. Provides that the Department or sheriff may not place in administrative segregation a prisoner who is pregnant or who gave birth during the preceding 30 days unless the Director or sheriff or the Director's or sheriff's designee determines that the placement is necessary based on a reasonable belief that the prisoner will harm herself, the prisoner's infant, or any other person or will attempt escape. Provides that the Department or sheriff may not assign a pregnant prisoner to any bed that is elevated more than 3 feet above the floor.

A BILL FOR

AN ACT concerning criminal law.

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 3-15003.6 and by adding Sections 3-15003.7, 3-15003.8, 3-15003.9, and 3-15003.10 as follows:

(55 ILCS 5/3-15003.6)

Sec. 3-15003.6. Pregnant female prisoners.

(a) Definitions. For the purpose of this Section and Sections 3-15003.7, 3-15003.8, 3-15003.9, and 3-15003.10:

(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, advanced practice registered nurse, or physician assistant, 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.

(Source: P.A. 99-581, eff. 1-1-17; 100-513, eff. 1-1-18.)

(55 ILCS 5/3-15003.7 new)

Sec. 3-15003.7. Corrections official training related to pregnant prisoners.

(a) A county department of corrections shall provide training relating to medical and mental health care issues applicable to pregnant prisoners to:

(1) each corrections official employed by a county department at a correctional institution in which female prisoners are confined; and

(2) any other county department of corrections employee whose duties involve contact with pregnant prisoners.

(b) The training must include information regarding:

(1) appropriate care for pregnant prisoners; and

(2) the impact on a pregnant prisoner and the prisoner's unborn child of:

(A) the use of restraints;

(B) placement in administrative segregation; and

(C) invasive searches.

(55 ILCS 5/3-15003.8 new)

Sec. 3-15003.8. Educational programing for pregnant prisoners. A county department of corrections shall develop and provide to each pregnant prisoner educational programming relating to pregnancy and parenting. The programming must include instruction regarding:

(1) appropriate prenatal care and hygiene;

(2) the effects of prenatal exposure to alcohol and drugs on a developing fetus;

(3) parenting skills; and

(4) medical and mental health issues applicable to children.

(55 ILCS 5/3-15003.9 new)

Sec. 3-15003.9. Prisoner post-partum recovery requirements. A county department of corrections shall ensure that, for a period of 72 hours after the birth of an infant by a prisoner:

(1) the infant is allowed to remain with the prisoner, unless a medical professional determines doing so would pose a health or safety risk to the prisoner or infant; and

(2) the prisoner has access to any nutritional or hygiene-related products necessary to care for the infant, including diapers.

(55 ILCS 5/3-15003.10 new)

Sec. 3-15003.10. Housing requirements applicable to pregnant prisoners.

(a) A county department of corrections may not place in administrative segregation a prisoner who is pregnant or who gave birth during the preceding 30 days unless the director of the county department of corrections or the director's designee determines that the placement is necessary based on a reasonable belief that the prisoner will harm herself, the prisoner's infant, or any other person or will attempt escape.

(b) A county department of corrections may not assign a pregnant prisoner to any bed that is elevated more than 3 feet above the floor.

Section 10. The Unified Code of Corrections is amended by adding Sections 3-6-7.1, 3-6-7.2, 3-6-7.3, and 3-6-7.4 as follows:

(730 ILCS 5/3-6-7.1 new)

Sec. 3-6-7.1. Correctional officer training related to pregnant committed persons.

(a) The Department shall provide training relating to medical and mental health care issues applicable to pregnant committed persons to:

(1) each correctional officer employed by the Department at a correctional institution or facility in which female committed persons are confined; and

(2) any other Department employee whose duties involve contact with pregnant committed persons.

(b) The training must include information regarding:

(1) appropriate care for pregnant committed persons; and

(2) the impact on a pregnant committed person and the committed person's unborn child of:

(A) the use of restraints;

(B) placement in administrative segregation; and

(C) invasive searches.

(730 ILCS 5/3-6-7.2 new)

Sec. 3-6-7.2. Educational programing for pregnant committed persons. The Department shall develop and provide to each pregnant committed person educational programming relating to pregnancy and parenting. The programming must include instruction regarding:

(1) appropriate prenatal care and hygiene;

(2) the effects of prenatal exposure to alcohol and drugs on a developing fetus;

(3) parenting skills; and

(4) medical and mental health issues applicable to children.

(730 ILCS 5/3-6-7.3 new)

Sec. 3-6-7.3. Committed person post-partum recovery requirements. The Department shall ensure that, for a period of 72 hours after the birth of an infant by an committed person:

(1) the infant is allowed to remain with the committed person, unless a medical professional determines doing so would pose a health or safety risk to the committed person or infant; and

(2) the committed person has access to any nutritional or hygiene-related products necessary to care for the infant, including diapers.

(730 ILCS 5/3-6-7.4 new)

Sec. 3-6-7.4. Housing requirements applicable to pregnant committed persons.

(a) The Department may not place in administrative segregation a committed person who is pregnant or who gave birth during the preceding 30 days unless the Director or the Director's designee determines that the placement is necessary based on a reasonable belief that the committed person will harm herself, the committed person's infant, or any other person or will attempt escape.

(b) The Department may not assign a pregnant committed person to any bed that is elevated more than 3 feet above the floor.

Section 15. The County Jail Act is amended by adding Sections 17.6, 17.7, 17.8, and 17.9 as follows:

(730 ILCS 125/17.6 new)

Sec. 17.6. Sheriff training related to pregnant prisoners.

(a) The sheriff shall provide training relating to medical and mental health care issues applicable to pregnant prisoners confined in the county jail to:

(1) each correctional officer employed by the sheriff at the county jail in which female committed persons are confined; and

(2) any other sheriff employee whose duties involve contact with pregnant prisoners.

(b) The training must include information regarding:

(1) appropriate care for pregnant prisoners; and

(2) the impact on a pregnant prisoner and the prisoner's unborn child of:

(A) the use of restraints;

(B) placement in administrative segregation; and

(C) invasive searches.

(730 ILCS 125/17.7 new)

Sec. 17.7. Educational programing for pregnant prisoners. The sheriff shall develop and provide to each pregnant prisoner educational programming relating to pregnancy and parenting. The programming must include instruction regarding:

(1) appropriate prenatal care and hygiene;

(2) the effects of prenatal exposure to alcohol and drugs on a developing fetus;

(3) parenting skills; and

(4) medical and mental health issues applicable to children.

(730 ILCS 125/17.8 new)

Sec. 17.8. Prisoner post-partum recovery requirements. The sheriff shall ensure that, for a period of 72 hours after the birth of an infant by a prisoner:

(1) the infant is allowed to remain with the prisoner, unless a medical professional determines doing so would pose a health or safety risk to the prisoner or infant; and

(2) the prisoner has access to any nutritional or hygiene-related products necessary to care for the infant, including diapers.

(730 ILCS 125/17.9 new)

Sec. 17.9. Housing requirements applicable to pregnant prisoners.

(a) The sheriff may not place in administrative segregation a prisoner who is pregnant or who gave birth during the preceding 30 days unless the sheriff or the sheriff's designee determines that the placement is necessary based on a reasonable belief that the prisoner will harm herself, the prisoner's infant, or any other person or will attempt escape.

(b) The sheriff may not assign a pregnant committed person to any bed that is elevated more than 3 feet above the floor.