97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1958

 

Introduced , by Rep. Robyn Gabel

 

SYNOPSIS AS INTRODUCED:
 
55 ILCS 5/3-15003.6
730 ILCS 5/3-6-7
730 ILCS 125/17.5
745 ILCS 10/4-105  from Ch. 85, par. 4-105

    Amends the Counties Code, the Unified Code of Corrections, and the County Jail Act. Provides that a county department of corrections and the Illinois 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 or the Illinois Department of Corrections to be pregnant or in postpartum recovery, 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 Illinois Department of Corrections, a county department of corrections, or the medical facility, other prisoners, or the public. Provides that leg irons, shackles, or waist shackles shall not be used on any pregnant or postpartum prisoner regardless of security classification. Amends the Local Governmental and Governmental Employees Tort Immunity Act. Provides that the county department of corrections official is immune from civil liability when applying security restraints to pregnant prisoners or those in postpartum recovery, except for willful and wanton conduct.


LRB097 08003 RLC 50873 b

 

 

A BILL FOR

 

HB1958LRB097 08003 RLC 50873 b

1    AN ACT concerning corrections.
 
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 Section
53-15003.6 as follows:
 
6    (55 ILCS 5/3-15003.6)
7    Sec. 3-15003.6. Pregnant female prisoners.
8    (a) Definitions. For the purpose of this Section:
9        (1) "Restraints" means any physical restraint or
10    mechanical device used to control the movement of a
11    prisoner's body or limbs, or both, including, but not
12    limited to, flex cuffs, soft restraints, hard metal
13    handcuffs, a black box, Chubb cuffs, leg irons, belly
14    chains, a security (tether) chain, or a convex shield, or
15    shackles of any kind.
16        (2) "Labor" means the period of time before a birth and
17    shall include any medical condition in which a woman is
18    sent or brought to the hospital for the purpose of
19    delivering her baby. These situations include: induction
20    of labor, prodromal labor, pre-term labor, prelabor
21    rupture of membranes, the 3 stages of active labor, uterine
22    hemorrhage during the third trimester of pregnancy, and
23    caesarian delivery including pre-operative preparation.

 

 

HB1958- 2 -LRB097 08003 RLC 50873 b

1        (3) "Post-partum" means, as determined by her
2    physician, the period immediately following delivery,
3    including the entire period a woman is in the hospital or
4    infirmary after birth.
5        (4) "Correctional institution" means any entity under
6    the authority of any state, county, or municipal law
7    enforcement division that has the power to detain or
8    restrain, or both, a person under the laws of the State.
9        (5) "Corrections official" means the official that is
10    responsible for oversight of a correctional institution,
11    or his or her designee.
12        (6) "Prisoner" means any person incarcerated or
13    detained in any facility who is accused of, convicted of,
14    sentenced for, or adjudicated delinquent for, violations
15    of criminal law or the terms and conditions of parole,
16    probation, pretrial release, or diversionary program, and
17    any person detained under the immigration laws of the
18    United States at any correctional facility.
19        (7) "Extraordinary circumstance" means an
20    extraordinary medical or security circumstance, including
21    a substantial flight risk, that dictates restraints be used
22    to ensure the safety and security of the prisoner, the
23    staff of the correctional institution or medical facility,
24    other prisoners, or the public.
25    (b) A county department of corrections shall not apply
26security restraints to a prisoner that has been determined by a

 

 

HB1958- 3 -LRB097 08003 RLC 50873 b

1qualified medical professional to be pregnant and is known by
2the county department of corrections to be pregnant or in
3postpartum recovery, which is the entire period a woman is in
4the medical facility after birth, unless the corrections
5official makes an individualized determination that the
6prisoner presents a substantial flight risk or some other
7extraordinary circumstance that dictates security restraints
8be used to ensure the safety and security of the prisoner, her
9child or unborn child, the staff of the county department of
10corrections or medical facility, other prisoners, or the
11public. The protections set out in clauses (b)(3) and (b)(4) of
12this Section shall apply to security restraints used pursuant
13to this subsection. The corrections official shall immediately
14remove all restraints upon the written or oral request of
15medical personnel. When medical personnel makes an oral
16request, that request will be verified in writing as promptly
17as reasonably possible.
18        (1) Qualified authorized health staff shall have the
19    authority to order therapeutic restraints for a pregnant or
20    postpartum prisoner who is a danger to herself, her child,
21    unborn child, or other persons due to a psychiatric or
22    medical disorder. Therapeutic restraints may only be
23    initiated, monitored and discontinued by qualified and
24    authorized health staff and used to safely limit a
25    prisoner's mobility for psychiatric or medical reasons. No
26    order for therapeutic restraints shall be written unless

 

 

HB1958- 4 -LRB097 08003 RLC 50873 b

1    medical or mental health personnel, after personally
2    observing and examining the prisoner, are clinically
3    satisfied that the use of therapeutic restraints is
4    justified and permitted in accordance with hospital
5    policies and applicable State law. Metal handcuffs or
6    shackles are not considered therapeutic restraints.
7        (2) Whenever therapeutic restraints are used by
8    medical personnel, Section 2-108 of the Mental Health and
9    Developmental Disabilities Code shall apply.
10        (3) Leg irons, shackles or waist shackles shall not be
11    used on any pregnant or postpartum prisoner regardless of
12    security classification.
13        (4) When a pregnant or postpartum prisoner must be
14    restrained, restraints used shall be the least restrictive
15    restraints possible to ensure the safety and security of
16    the prisoner, her child, unborn child, the staff of the
17    county department of corrections or medical facility,
18    other prisoners, or the public, and in no case shall
19    include leg irons, shackles or waist shackles.
20        (5) Upon the pregnant prisoner's entry into a hospital
21    room, and completion of initial room inspection, a
22    corrections official shall be posted immediately outside
23    the hospital room, unless requested to be in the room by
24    medical personnel attending to the prisoner's medical
25    needs.
26        (6) The county department of corrections shall provide

 

 

HB1958- 5 -LRB097 08003 RLC 50873 b

1    adequate corrections personnel to monitor the pregnant
2    prisoner during her transport to and from the hospital and
3    during her stay at the hospital.
4        (7) Where the county department of corrections
5    requires prisoner safety assessments, a corrections
6    official may enter the hospital room to conduct periodic
7    prisoner safety assessments, except during a medical
8    examination or the delivery process.
9        (8) Upon discharge from a medical facility, postpartum
10    prisoners shall be restrained only with handcuffs in front
11    of the body during transport to the county department of
12    corrections. A corrections official shall immediately
13    remove all security restraints upon written or oral request
14    by medical personnel. When medical personnel makes an oral
15    request, that request shall be verified in writing as
16    promptly as reasonably possible.
17    (c) Enforcement. No later than 30 days before the end of
18each fiscal year, the county sheriff or corrections official of
19each municipal and county correctional institution where a
20pregnant prisoner has been restrained during that previous
21fiscal year, shall each submit a written report to the Office
22of the Illinois Attorney General that includes an account of
23every instance of prisoner restraint pursuant to this Section.
24The written report shall state the date, time, location and
25rationale for each instance in which restraints are used. The
26written report shall not contain any individually identifying

 

 

HB1958- 6 -LRB097 08003 RLC 50873 b

1information of any prisoner. Such reports shall be made
2available for public inspection.
3    (d) Section 4-105 of the Local Governmental and
4Governmental Employees Tort Immunity Act shall be applicable to
5actions taken by corrections officials or prisoners in
6accordance with this Section.
7Notwithstanding any other statute, directive, or
8administrative regulation, when a pregnant female prisoner is
9brought to a hospital from a County Department of Corrections
10facility for the purpose of delivering her baby, no handcuffs,
11shackles, or restraints of any kind may be used during her
12transport to a medical facility for the purpose of delivering
13her baby. Under no circumstances may leg irons or shackles or
14waist shackles be used on any pregnant female prisoner who is
15in labor. Upon the pregnant female prisoner's entry to the
16hospital delivery room, a county correctional officer must be
17posted immediately outside the delivery room. The Sheriff must
18provide for adequate personnel to monitor the pregnant female
19prisoner during her transport to and from the hospital and
20during her stay at the hospital.
21(Source: P.A. 91-253, eff. 1-1-00.)
 
22    Section 10. The Unified Code of Corrections is amended by
23changing Section 3-6-7 as follows:
 
24    (730 ILCS 5/3-6-7)

 

 

HB1958- 7 -LRB097 08003 RLC 50873 b

1    Sec. 3-6-7. Pregnant female committed persons.
2    (a) Definitions. For the purpose of this Section:
3        (1) "Restraints" means any physical restraint or
4    mechanical device used to control the movement of a
5    prisoner's body or limbs, or both, including, but not
6    limited to, flex cuffs, soft restraints, hard metal
7    handcuffs, a black box, Chubb cuffs, leg irons, belly
8    chains, a security (tether) chain, or a convex shield, or
9    shackles of any kind.
10        (2) "Labor" means the period of time before a birth and
11    shall include any medical condition in which a woman is
12    sent or brought to the hospital for the purpose of
13    delivering her baby. These situations include: induction
14    of labor, prodromal labor, pre-term labor, prelabor
15    rupture of membranes, the 3 stages of active labor, uterine
16    hemorrhage during the third trimester of pregnancy, and
17    caesarian delivery including pre-operative preparation.
18        (3) "Post-partum" means, as determined by her
19    physician, the period immediately following delivery,
20    including the entire period a woman is in the hospital or
21    infirmary after birth.
22        (4) "Correctional institution" means any entity under
23    the authority of any state, county, or municipal law
24    enforcement division that has the power to detain or
25    restrain, or both, a person under the laws of the State.
26        (5) "Corrections official" means the official that is

 

 

HB1958- 8 -LRB097 08003 RLC 50873 b

1    responsible for oversight of a correctional institution,
2    or his or her designee.
3        (6) "Prisoner" means any person incarcerated or
4    detained in any facility who is accused of, convicted of,
5    sentenced for, or adjudicated delinquent for, violations
6    of criminal law or the terms and conditions of parole,
7    probation, pretrial release, or diversionary program, and
8    any person detained under the immigration laws of the
9    United States at any correctional facility.
10        (7) "Extraordinary circumstance" means an
11    extraordinary medical or security circumstance, including
12    a substantial flight risk, that dictates restraints be used
13    to ensure the safety and security of the prisoner, the
14    staff of the correctional institution or medical facility,
15    other prisoners, or the public.
16    (b) The Illinois Department of Corrections shall not apply
17security restraints to a prisoner that has been determined by a
18qualified medical professional to be pregnant and is known by
19the Department of Corrections to be pregnant or in postpartum
20recovery, which is the entire period a woman is in the medical
21facility after birth, unless the corrections official makes an
22individualized determination that the prisoner presents a
23substantial flight risk or some other extraordinary security
24circumstance that dictates security restraints be used to
25ensure the safety and security of the prisoner, her child or
26unborn child, the staff of the Department of Corrections or

 

 

HB1958- 9 -LRB097 08003 RLC 50873 b

1medical facility, other prisoners, or the public. The
2protections set out in clauses (b)(3) and (b)(4) of this
3Section shall apply to security restraints used pursuant to
4this subsection. The corrections official shall immediately
5remove all restraints upon the written or oral request of
6medical personnel. When medical personnel makes an oral
7request, that request shall be verified in writing as promptly
8as reasonably possible.
9        (1) Qualified and authorized health staff shall have
10    the authority to order therapeutic restraints for a
11    pregnant or postpartum prisoner who is a danger to herself,
12    her child, unborn child, or other persons due to a
13    psychiatric or medical disorder. Therapeutic restraints
14    may only be initiated, monitored and discontinued only by
15    qualified and authorized health staff and used to safely
16    limit a prisoner's mobility for psychiatric or medical
17    reasons. No order for therapeutic restraints shall be
18    written unless medical or mental health personnel, after
19    personally observing and examining the prisoner, are
20    clinically satisfied that the use of therapeutic
21    restraints is justified and permitted in accordance with
22    hospital policies and applicable State law. Metal
23    handcuffs or shackles are not considered therapeutic
24    restraints.
25        (2) Whenever therapeutic restraints are used by
26    medical personnel, Section 2-108 of the Mental Health and

 

 

HB1958- 10 -LRB097 08003 RLC 50873 b

1    Developmental Disabilities Code shall apply.
2        (3) Leg irons, shackles or waist shackles shall not be
3    used on any pregnant or postpartum prisoner regardless of
4    security classification.
5        (4) When a pregnant or postpartum prisoner must be
6    restrained, restraints used shall be the least restrictive
7    restraints possible to ensure the safety and security of
8    the prisoner, her child, unborn child, the staff of the
9    Department of Corrections or medical facility, other
10    prisoners, or the public.
11        (5) Upon the pregnant prisoner's entry into a hospital
12    room, and completion of initial room inspection, a
13    corrections official shall be posted immediately outside
14    the hospital room, unless requested to be in the room by
15    medical personnel attending to the prisoner's medical
16    needs.
17        (6) The Department of Corrections shall provide
18    adequate personnel to monitor the pregnant prisoner during
19    her transport to and from the hospital and during her stay
20    at the hospital.
21        (7) Where the Department of Corrections requires
22    prisoner safety assessments, a corrections official may
23    enter the hospital room to conduct periodic prisoner safety
24    assessments, except during a medical examination or the
25    delivery process.
26        (8) Upon discharge from a medical facility, postpartum

 

 

HB1958- 11 -LRB097 08003 RLC 50873 b

1    prisoners shall be restrained only with handcuffs in front
2    of the body during transport to the department of
3    corrections facility. The corrections official shall
4    immediately remove all security restraints upon written or
5    oral request by medical personnel. When medical personnel
6    makes an oral request, that request shall be verified in
7    writing as promptly as reasonably possible.
8    (c) Enforcement. No later than 30 days before the end of
9each fiscal year, the Director of the Department of Corrections
10shall submit a written report to the Office of the Illinois
11Attorney General that includes an account of every instance of
12prisoner restraint pursuant to this Section. The written report
13shall state the date, time, location and rationale for each
14instance in which restraints are used. The written report shall
15not contain any individually identifying information of any
16prisoner. Such reports shall be made available for public
17inspection.
18Notwithstanding any other statute, directive, or
19administrative regulation, when a pregnant female committed
20person is brought to a hospital from an Illinois correctional
21center for the purpose of delivering her baby, no handcuffs,
22shackles, or restraints of any kind may be used during her
23transport to a medical facility for the purpose of delivering
24her baby. Under no circumstances may leg irons or shackles or
25waist shackles be used on any pregnant female committed person
26who is in labor. Upon the pregnant female committed person's

 

 

HB1958- 12 -LRB097 08003 RLC 50873 b

1entry to the hospital delivery room, a correctional officer
2must be posted immediately outside the delivery room. The
3Department must provide for adequate personnel to monitor the
4pregnant female committed person during her transport to and
5from the hospital and during her stay at the hospital.
6(Source: P.A. 91-253, eff. 1-1-00.)
 
7    Section 15. The County Jail Act is amended by changing
8Section 17.5 as follows:
 
9    (730 ILCS 125/17.5)
10    Sec. 17.5. Pregnant female prisoners.
11    (a) Definitions. For the purpose of this Section:
12        (1) "Restraints" means any physical restraint or
13    mechanical device used to control the movement of a
14    prisoner's body or limbs, or both, including, but not
15    limited to, flex cuffs, soft restraints, hard metal
16    handcuffs, a black box, Chubb cuffs, leg irons, belly
17    chains, a security (tether) chain, or a convex shield, or
18    shackles of any kind.
19        (2) "Labor" means the period of time before a birth and
20    shall include any medical condition in which a woman is
21    sent or brought to the hospital for the purpose of
22    delivering her baby. These situations include: induction
23    of labor, prodromal labor, pre-term labor, prelabor
24    rupture of membranes, the 3 stages of active labor, uterine

 

 

HB1958- 13 -LRB097 08003 RLC 50873 b

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, the period immediately following delivery,
5    including the entire period a woman is in the hospital or
6    infirmary after birth.
7        (4) "Correctional institution" means any entity under
8    the authority of any state, county, or municipal law
9    enforcement division that has the power to detain or
10    restrain, or both, a person under the laws of the State.
11        (5) "Corrections official" means the official that is
12    responsible for oversight of a correctional institution,
13    or his or her designee.
14        (6) "Prisoner" means any person incarcerated or
15    detained in any facility who is accused of, convicted of,
16    sentenced for, or adjudicated delinquent for, violations
17    of criminal law or the terms and conditions of parole,
18    probation, pretrial release, or diversionary program, and
19    any person detained under the immigration laws of the
20    United States at any correctional facility.
21        (7) "Extraordinary circumstance" means an
22    extraordinary medical or security circumstance, including
23    a substantial flight risk, that dictates restraints be used
24    to ensure the safety and security of the prisoner, the
25    staff of the correctional institution or medical facility,
26    other prisoners, or the public.

 

 

HB1958- 14 -LRB097 08003 RLC 50873 b

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

 

 

HB1958- 15 -LRB097 08003 RLC 50873 b

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

 

 

HB1958- 16 -LRB097 08003 RLC 50873 b

1    needs.
2        (6) The county department of corrections shall provide
3    adequate personnel to monitor the pregnant prisoner during
4    her transport to and from the hospital and during her stay
5    at the hospital.
6        (7) Where the county department of corrections
7    requires prisoner safety assessments, a corrections
8    official may enter the hospital room to conduct periodic
9    prisoner safety assessments, except during a medical
10    examination or the delivery process.
11        (8) Upon discharge from a medical facility, postpartum
12    prisoners shall be restrained only with handcuffs in front
13    of the body during transport to the county department of
14    corrections. The corrections official shall immediately
15    remove all security restraints upon written or oral request
16    by medical personnel. When medical personnel makes an oral
17    request, that request will be verified in writing as
18    promptly as reasonably possible.
19    (c) Enforcement.
20    No later than 30 days before the end of each fiscal year,
21the county sheriff or corrections official of each municipal
22and county correctional institution where a pregnant prisoner
23has been restrained during that previous fiscal year, shall
24each submit a written report to the Office of the Illinois
25Attorney General that includes an account of every instance of
26prisoner restraint pursuant to this Section. The written report

 

 

HB1958- 17 -LRB097 08003 RLC 50873 b

1shall state the date, time, location and rationale for each
2instance in which restraints are used. The written report shall
3not contain any individually identifying information of any
4prisoner. Such reports shall be made available for public
5inspection.
6    (d) Section 4-105 of the Local Governmental and
7Governmental Employees Tort Immunity Act shall be applicable to
8actions taken by corrections officials or prisoners in
9accordance with this Section.
10Notwithstanding any other statute, directive, or
11administrative regulation, when a pregnant female prisoner is
12brought to a hospital from a county jail for the purpose of
13delivering her baby, no handcuffs, shackles, or restraints of
14any kind may be used during her transport to a medical facility
15for the purpose of delivering her baby. Under no circumstances
16may leg irons or shackles or waist shackles be used on any
17pregnant female prisoner who is in labor. Upon the pregnant
18female prisoner's entry to the hospital delivery room, a county
19correctional officer must be posted immediately outside the
20delivery room. The Sheriff must provide for adequate personnel
21to monitor the pregnant female prisoner during her transport to
22and from the hospital and during her stay at the hospital.
23(Source: P.A. 91-253, eff. 1-1-00.)
 
24    Section 20. The Local Governmental and Governmental
25Employees Tort Immunity Act is amended by changing Section

 

 

HB1958- 18 -LRB097 08003 RLC 50873 b

14-105 as follows:
 
2    (745 ILCS 10/4-105)  (from Ch. 85, par. 4-105)
3    Sec. 4-105. Neither a local public entity nor a public
4employee is liable for injury proximately caused by the failure
5of the employee to furnish or obtain medical care for a
6prisoner in his custody; but this Section shall not apply where
7the employee, acting within the scope of his employment, knows
8from his observation of conditions that the prisoner is in need
9of immediate medical care and, through willful and wanton
10conduct, fails to take reasonable action to summon medical
11care. Nothing in this Section requires the periodic inspection
12of prisoners. This Section shall be applicable to actions taken
13by corrections officials or prisoners pursuant to Section 17.5
14of the Counties Code.
15(Source: P.A. 84-1431.)