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.


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A BILL FOR

 

HB5539LRB101 17618 RLC 67045 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Counties Code is amended by changing
53-15003.6 and by adding Sections 3-15003.7, 3-15003.8,
63-15003.9, and 3-15003.10 as follows:
 
7    (55 ILCS 5/3-15003.6)
8    Sec. 3-15003.6. Pregnant female prisoners.
9    (a) Definitions. For the purpose of this Section and
10Sections 3-15003.7, 3-15003.8, 3-15003.9, and 3-15003.10:
11        (1) "Restraints" means any physical restraint or
12    mechanical device used to control the movement of a
13    prisoner's body or limbs, or both, including, but not
14    limited to, flex cuffs, soft restraints, hard metal
15    handcuffs, a black box, Chubb cuffs, leg irons, belly
16    chains, a security (tether) chain, or a convex shield, or
17    shackles of any kind.
18        (2) "Labor" means the period of time before a birth and
19    shall include any medical condition in which a woman is
20    sent or brought to the hospital for the purpose of
21    delivering her baby. These situations include: induction
22    of labor, prodromal labor, pre-term labor, prelabor
23    rupture of membranes, the 3 stages of active labor, uterine

 

 

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1    hemorrhage during the third trimester of pregnancy, and
2    caesarian delivery including pre-operative preparation.
3        (3) "Post-partum" means, as determined by her
4    physician, advanced practice registered nurse, or
5    physician assistant, the period immediately following
6    delivery, including the entire period a woman is in the
7    hospital or infirmary after birth.
8        (4) "Correctional institution" means any entity under
9    the authority of a county law enforcement division of a
10    county of more than 3,000,000 inhabitants that has the
11    power to detain or restrain, or both, a person under the
12    laws of the State.
13        (5) "Corrections official" means the official that is
14    responsible for oversight of a correctional institution,
15    or his or her designee.
16        (6) "Prisoner" means any person incarcerated or
17    detained in any facility who is accused of, convicted of,
18    sentenced for, or adjudicated delinquent for, violations
19    of criminal law or the terms and conditions of parole,
20    probation, pretrial release, or diversionary program, and
21    any person detained under the immigration laws of the
22    United States at any correctional facility.
23        (7) "Extraordinary circumstance" means an
24    extraordinary medical or security circumstance, including
25    a substantial flight risk, that dictates restraints be used
26    to ensure the safety and security of the prisoner, the

 

 

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1    staff of the correctional institution or medical facility,
2    other prisoners, or the public.
3    (b) A county department of corrections shall not apply
4security restraints to a prisoner that has been determined by a
5qualified medical professional to be pregnant and is known by
6the county department of corrections to be pregnant or in
7postpartum recovery, which is the entire period a woman is in
8the medical facility after birth, unless the corrections
9official makes an individualized determination that the
10prisoner presents a substantial flight risk or some other
11extraordinary circumstance that dictates security restraints
12be used to ensure the safety and security of the prisoner, her
13child or unborn child, the staff of the county department of
14corrections or medical facility, other prisoners, or the
15public. The protections set out in clauses (b)(3) and (b)(4) of
16this Section shall apply to security restraints used pursuant
17to this subsection. The corrections official shall immediately
18remove all restraints upon the written or oral request of
19medical personnel. Oral requests made by medical personnel
20shall be verified in writing as promptly as reasonably
21possible.
22        (1) Qualified authorized health staff shall have the
23    authority to order therapeutic restraints for a pregnant or
24    postpartum prisoner who is a danger to herself, her child,
25    unborn child, or other persons due to a psychiatric or
26    medical disorder. Therapeutic restraints may only be

 

 

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1    initiated, monitored and discontinued by qualified and
2    authorized health staff and used to safely limit a
3    prisoner's mobility for psychiatric or medical reasons. No
4    order for therapeutic restraints shall be written unless
5    medical or mental health personnel, after personally
6    observing and examining the prisoner, are clinically
7    satisfied that the use of therapeutic restraints is
8    justified and permitted in accordance with hospital
9    policies and applicable State law. Metal handcuffs or
10    shackles are not considered therapeutic restraints.
11        (2) Whenever therapeutic restraints are used by
12    medical personnel, Section 2-108 of the Mental Health and
13    Developmental Disabilities Code shall apply.
14        (3) Leg irons, shackles or waist shackles shall not be
15    used on any pregnant or postpartum prisoner regardless of
16    security classification. Except for therapeutic restraints
17    under clause (b)(2), no restraints of any kind may be
18    applied to prisoners during labor.
19        (4) When a pregnant or postpartum prisoner must be
20    restrained, restraints used shall be the least restrictive
21    restraints possible to ensure the safety and security of
22    the prisoner, her child, unborn child, the staff of the
23    county department of corrections or medical facility,
24    other prisoners, or the public, and in no case shall
25    include leg irons, shackles or waist shackles.
26        (5) Upon the pregnant prisoner's entry into a hospital

 

 

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1    room, and completion of initial room inspection, a
2    corrections official shall be posted immediately outside
3    the hospital room, unless requested to be in the room by
4    medical personnel attending to the prisoner's medical
5    needs.
6        (6) The county department of corrections shall provide
7    adequate corrections personnel to monitor the pregnant
8    prisoner during her transport to and from the hospital and
9    during her stay at the hospital.
10        (7) Where the county department of corrections
11    requires prisoner safety assessments, a corrections
12    official may enter the hospital room to conduct periodic
13    prisoner safety assessments, except during a medical
14    examination or the delivery process.
15        (8) Upon discharge from a medical facility, postpartum
16    prisoners shall be restrained only with handcuffs in front
17    of the body during transport to the county department of
18    corrections. A corrections official shall immediately
19    remove all security restraints upon written or oral request
20    by medical personnel. Oral requests made by medical
21    personnel shall be verified in writing as promptly as
22    reasonably possible.
23    (c) Enforcement. No later than 30 days before the end of
24each fiscal year, the county sheriff or corrections official of
25the correctional institution where a pregnant prisoner has been
26restrained during that previous fiscal year, shall submit a

 

 

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1written report to the Illinois General Assembly and the Office
2of the Governor that includes an account of every instance of
3prisoner restraint pursuant to this Section. The written report
4shall state the date, time, location and rationale for each
5instance in which restraints are used. The written report shall
6not contain any individually identifying information of any
7prisoner. Such reports shall be made available for public
8inspection.
9(Source: P.A. 99-581, eff. 1-1-17; 100-513, eff. 1-1-18.)
 
10    (55 ILCS 5/3-15003.7 new)
11    Sec. 3-15003.7. Corrections official training related to
12pregnant prisoners.
13    (a) A county department of corrections shall provide
14training relating to medical and mental health care issues
15applicable to pregnant prisoners to:
16        (1) each corrections official employed by a county
17    department at a correctional institution in which female
18    prisoners are confined; and
19        (2) any other county department of corrections
20    employee whose duties involve contact with pregnant
21    prisoners.
22    (b) The training must include information regarding:
23        (1) appropriate care for pregnant prisoners; and
24        (2) the impact on a pregnant prisoner and the
25    prisoner's unborn child of:

 

 

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1            (A) the use of restraints;
2            (B) placement in administrative segregation; and
3            (C) invasive searches.
 
4    (55 ILCS 5/3-15003.8 new)
5    Sec. 3-15003.8. Educational programing for pregnant
6prisoners. A county department of corrections shall develop and
7provide to each pregnant prisoner educational programming
8relating to pregnancy and parenting. The programming must
9include instruction regarding:
10    (1) appropriate prenatal care and hygiene;
11    (2) the effects of prenatal exposure to alcohol and drugs
12on a developing fetus;
13    (3) parenting skills; and
14    (4) medical and mental health issues applicable to
15children.
 
16    (55 ILCS 5/3-15003.9 new)
17    Sec. 3-15003.9. Prisoner post-partum recovery
18requirements. A county department of corrections shall ensure
19that, for a period of 72 hours after the birth of an infant by a
20prisoner:
21        (1) the infant is allowed to remain with the prisoner,
22    unless a medical professional determines doing so would
23    pose a health or safety risk to the prisoner or infant; and
24        (2) the prisoner has access to any nutritional or

 

 

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1    hygiene-related products necessary to care for the infant,
2    including diapers.
 
3    (55 ILCS 5/3-15003.10 new)
4    Sec. 3-15003.10. Housing requirements applicable to
5pregnant prisoners.
6    (a) A county department of corrections may not place in
7administrative segregation a prisoner who is pregnant or who
8gave birth during the preceding 30 days unless the director of
9the county department of corrections or the director's designee
10determines that the placement is necessary based on a
11reasonable belief that the prisoner will harm herself, the
12prisoner's infant, or any other person or will attempt escape.
13    (b) A county department of corrections may not assign a
14pregnant prisoner to any bed that is elevated more than 3 feet
15above the floor.
 
16    Section 10. The Unified Code of Corrections is amended by
17adding Sections 3-6-7.1, 3-6-7.2, 3-6-7.3, and 3-6-7.4 as
18follows:
 
19    (730 ILCS 5/3-6-7.1 new)
20    Sec. 3-6-7.1. Correctional officer training related to
21pregnant committed persons.
22    (a) The Department shall provide training relating to
23medical and mental health care issues applicable to pregnant

 

 

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1committed persons to:
2        (1) each correctional officer employed by the
3    Department at a correctional institution or facility in
4    which female committed persons are confined; and
5        (2) any other Department employee whose duties involve
6    contact with pregnant committed persons.
7    (b) The training must include information regarding:
8        (1) appropriate care for pregnant committed persons;
9    and
10        (2) the impact on a pregnant committed person and the
11    committed person's unborn child of:
12            (A) the use of restraints;
13            (B) placement in administrative segregation; and
14            (C) invasive searches.
 
15    (730 ILCS 5/3-6-7.2 new)
16    Sec. 3-6-7.2. Educational programing for pregnant
17committed persons. The Department shall develop and provide to
18each pregnant committed person educational programming
19relating to pregnancy and parenting. The programming must
20include instruction regarding:
21    (1) appropriate prenatal care and hygiene;
22    (2) the effects of prenatal exposure to alcohol and drugs
23on a developing fetus;
24    (3) parenting skills; and
25    (4) medical and mental health issues applicable to

 

 

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1children.
 
2    (730 ILCS 5/3-6-7.3 new)
3    Sec. 3-6-7.3. Committed person post-partum recovery
4requirements. The Department shall ensure that, for a period of
572 hours after the birth of an infant by an committed person:
6        (1) the infant is allowed to remain with the committed
7    person, unless a medical professional determines doing so
8    would pose a health or safety risk to the committed person
9    or infant; and
10        (2) the committed person has access to any nutritional
11    or hygiene-related products necessary to care for the
12    infant, including diapers.
 
13    (730 ILCS 5/3-6-7.4 new)
14    Sec. 3-6-7.4. Housing requirements applicable to pregnant
15committed persons.
16    (a) The Department may not place in administrative
17segregation a committed person who is pregnant or who gave
18birth during the preceding 30 days unless the Director or the
19Director's designee determines that the placement is necessary
20based on a reasonable belief that the committed person will
21harm herself, the committed person's infant, or any other
22person or will attempt escape.
23    (b) The Department may not assign a pregnant committed
24person to any bed that is elevated more than 3 feet above the

 

 

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1floor.
 
2    Section 15. The County Jail Act is amended by adding
3Sections 17.6, 17.7, 17.8, and 17.9 as follows:
 
4    (730 ILCS 125/17.6 new)
5    Sec. 17.6. Sheriff training related to pregnant prisoners.
6    (a) The sheriff shall provide training relating to medical
7and mental health care issues applicable to pregnant prisoners
8confined in the county jail to:
9        (1) each correctional officer employed by the sheriff
10    at the county jail in which female committed persons are
11    confined; and
12        (2) any other sheriff employee whose duties involve
13    contact with pregnant prisoners.
14    (b) The training must include information regarding:
15        (1) appropriate care for pregnant prisoners; and
16        (2) the impact on a pregnant prisoner and the
17    prisoner's unborn child of:
18            (A) the use of restraints;
19            (B) placement in administrative segregation; and
20            (C) invasive searches.
 
21    (730 ILCS 125/17.7 new)
22    Sec. 17.7. Educational programing for pregnant prisoners.
23The sheriff shall develop and provide to each pregnant prisoner

 

 

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1educational programming relating to pregnancy and parenting.
2The programming must include instruction regarding:
3    (1) appropriate prenatal care and hygiene;
4    (2) the effects of prenatal exposure to alcohol and drugs
5on a developing fetus;
6    (3) parenting skills; and
7    (4) medical and mental health issues applicable to
8children.
 
9    (730 ILCS 125/17.8 new)
10    Sec. 17.8. Prisoner post-partum recovery requirements. The
11sheriff shall ensure that, for a period of 72 hours after the
12birth of an infant by a prisoner:
13        (1) the infant is allowed to remain with the prisoner,
14    unless a medical professional determines doing so would
15    pose a health or safety risk to the prisoner or infant; and
16        (2) the prisoner has access to any nutritional or
17    hygiene-related products necessary to care for the infant,
18    including diapers.
 
19    (730 ILCS 125/17.9 new)
20    Sec. 17.9. Housing requirements applicable to pregnant
21prisoners.
22    (a) The sheriff may not place in administrative segregation
23a prisoner who is pregnant or who gave birth during the
24preceding 30 days unless the sheriff or the sheriff's designee

 

 

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1determines that the placement is necessary based on a
2reasonable belief that the prisoner will harm herself, the
3prisoner's infant, or any other person or will attempt escape.
4    (b) The sheriff may not assign a pregnant committed person
5to any bed that is elevated more than 3 feet above the floor.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    55 ILCS 5/3-15003.6
4    55 ILCS 5/3-15003.7 new
5    55 ILCS 5/3-15003.8 new
6    55 ILCS 5/3-15003.9 new
7    55 ILCS 5/3-15003.10 new
8    730 ILCS 5/3-6-7.1 new
9    730 ILCS 5/3-6-7.2 new
10    730 ILCS 5/3-6-7.3 new
11    730 ILCS 5/3-6-7.4 new
12    730 ILCS 125/17.6 new
13    730 ILCS 125/17.7 new
14    730 ILCS 125/17.8 new
15    730 ILCS 125/17.9 new