Full Text of HB1958 97th General Assembly
HB1958 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB1958 Introduced , by Rep. Robyn Gabel SYNOPSIS AS INTRODUCED: |
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55 ILCS 5/3-15003.6 |
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730 ILCS 5/3-6-7 |
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730 ILCS 125/17.5 |
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745 ILCS 10/4-105 | from Ch. 85, par. 4-105 |
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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.
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| | A BILL FOR |
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| | | HB1958 | | LRB097 08003 RLC 50873 b |
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| 1 | | AN ACT concerning corrections.
| 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 changing Section | 5 | | 3-15003.6 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. |
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| 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 | 26 | | security restraints to a prisoner that has been determined by a |
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| 1 | | qualified medical professional to be pregnant and is known by | 2 | | the county department of corrections to be pregnant or in | 3 | | postpartum recovery, which is the entire period a woman is in | 4 | | the medical facility after birth, unless the corrections | 5 | | official makes an individualized determination that the | 6 | | prisoner presents a substantial flight risk or some other | 7 | | extraordinary circumstance that dictates security restraints | 8 | | be used to ensure the safety and security of the prisoner, her | 9 | | child or unborn child, the staff of the county department of | 10 | | corrections or medical facility, other prisoners, or the | 11 | | public. The protections set out in clauses (b)(3) and (b)(4) of | 12 | | this Section shall apply to security restraints used pursuant | 13 | | to this subsection. The corrections official shall immediately | 14 | | remove all restraints upon the written or oral request of | 15 | | medical personnel. When medical personnel makes an oral | 16 | | request, that request will be verified in writing as promptly | 17 | | as 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 |
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| 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 |
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| 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 | 18 | | each fiscal year, the county sheriff or corrections official of | 19 | | each municipal and county correctional institution where a | 20 | | pregnant prisoner has been restrained during that previous | 21 | | fiscal year, shall each submit a written report to the Office | 22 | | of the Illinois Attorney General that includes an account of | 23 | | every instance of prisoner restraint pursuant to this Section. | 24 | | The written report shall state the date, time, location and | 25 | | rationale for each instance in which restraints are used. The | 26 | | written report shall not contain any individually identifying |
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| 1 | | information of any prisoner. Such reports shall be made | 2 | | available for public inspection. | 3 | | (d) Section 4-105 of the Local Governmental and | 4 | | Governmental Employees Tort Immunity Act shall be applicable to | 5 | | actions taken by corrections officials or prisoners in | 6 | | accordance with this Section. | 7 | | Notwithstanding any other
statute,
directive, or | 8 | | administrative
regulation, when a pregnant female prisoner is | 9 | | brought to a hospital
from a County Department of Corrections | 10 | | facility
for the purpose of delivering her baby, no handcuffs,
| 11 | | shackles, or restraints of any kind may be used during her | 12 | | transport to a
medical facility for the purpose of delivering | 13 | | her baby. Under no
circumstances may leg irons or shackles or | 14 | | waist shackles be used on any
pregnant female prisoner who is | 15 | | in labor. Upon the pregnant female
prisoner's entry to the | 16 | | hospital
delivery room, a county correctional officer must be | 17 | | posted immediately outside
the
delivery room. The Sheriff must | 18 | | provide for adequate personnel to monitor
the pregnant female | 19 | | prisoner during her transport to and from the
hospital and | 20 | | during 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 | 23 | | changing Section 3-6-7 as follows:
| 24 | | (730 ILCS 5/3-6-7)
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| 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 |
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| 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 | 17 | | security restraints to a prisoner that has been determined by a | 18 | | qualified medical professional to be pregnant and is known by | 19 | | the Department of Corrections to be pregnant or in postpartum | 20 | | recovery, which is the entire period a woman is in the medical | 21 | | facility after birth, unless the corrections official makes an | 22 | | individualized determination that the prisoner presents a | 23 | | substantial flight risk or some other extraordinary security | 24 | | circumstance that dictates security restraints be used to | 25 | | ensure the safety and security of the prisoner, her child or | 26 | | unborn child, the staff of the Department of Corrections or |
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| 1 | | medical facility, other prisoners, or the public. The | 2 | | protections set out in clauses (b)(3) and (b)(4) of this | 3 | | Section shall apply to security restraints used pursuant to | 4 | | this subsection. The corrections official shall immediately | 5 | | remove all restraints upon the written or oral request of | 6 | | medical personnel. When medical personnel makes an oral | 7 | | request, that request shall be verified in writing as promptly | 8 | | as 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 |
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| 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 |
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| 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 | 9 | | each fiscal year, the Director of the Department of Corrections | 10 | | shall submit a written report to the Office of the Illinois | 11 | | Attorney General that includes an account of every instance of | 12 | | prisoner restraint pursuant to this Section. The written report | 13 | | shall state the date, time, location and rationale for each | 14 | | instance in which restraints are used. The written report shall | 15 | | not contain any individually identifying information of any | 16 | | prisoner. Such reports shall be made available for public | 17 | | inspection. | 18 | | Notwithstanding any other
statute,
directive, or | 19 | | administrative
regulation, when a pregnant female committed | 20 | | person is brought to a hospital
from an Illinois
correctional | 21 | | center for the purpose of delivering her baby, no handcuffs,
| 22 | | shackles, or restraints of any kind may be used during her | 23 | | transport to a
medical facility for the purpose of delivering | 24 | | her baby. Under no
circumstances may leg irons or shackles or | 25 | | waist shackles be used on any
pregnant female committed person | 26 | | who is in labor. Upon the pregnant female
committed person's |
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| 1 | | entry to the hospital
delivery room, a correctional officer | 2 | | must be posted immediately outside the
delivery room. The | 3 | | Department must provide for adequate personnel to monitor
the | 4 | | pregnant female committed person during her transport to and | 5 | | from 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 | 8 | | Section 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 |
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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, 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. |
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| 1 | | (b) A county department of corrections shall not apply | 2 | | security restraints to a prisoner that has been determined by a | 3 | | qualified medical professional to be pregnant and is known by | 4 | | the county department of corrections to be pregnant or in | 5 | | postpartum recovery, which is the entire period a woman is in | 6 | | the medical facility after birth, unless the corrections | 7 | | official makes an individualized determination that the | 8 | | prisoner presents a substantial flight risk or some other | 9 | | extraordinary security circumstance that dictates security | 10 | | restraints be used to ensure the safety and security of the | 11 | | prisoner, her child or unborn child, the staff of the county | 12 | | department of corrections or medical facility, other | 13 | | prisoners, or the public. The protections set out in clauses | 14 | | (b)(3) and (b)(4) of this Section shall apply to security | 15 | | restraints used pursuant to this subsection. The corrections | 16 | | official shall immediately remove all restraints upon the | 17 | | written or oral request of medical personnel. When medical | 18 | | personnel makes an oral request, that request will be verified | 19 | | in 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 |
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| 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 |
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| 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, | 21 | | the county sheriff or corrections official of each municipal | 22 | | and county correctional institution where a pregnant prisoner | 23 | | has been restrained during that previous fiscal year, shall | 24 | | each submit a written report to the Office of the Illinois | 25 | | Attorney General that includes an account of every instance of | 26 | | prisoner restraint pursuant to this Section. The written report |
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| 1 | | shall state the date, time, location and rationale for each | 2 | | instance in which restraints are used. The written report shall | 3 | | not contain any individually identifying information of any | 4 | | prisoner. Such reports shall be made available for public | 5 | | inspection. | 6 | | (d) Section 4-105 of the Local Governmental and | 7 | | Governmental Employees Tort Immunity Act shall be applicable to | 8 | | actions taken by corrections officials or prisoners in | 9 | | accordance with this Section. | 10 | | Notwithstanding any other
statute,
directive, or | 11 | | administrative
regulation, when a pregnant female prisoner is | 12 | | brought to a hospital
from a county jail
for the purpose of | 13 | | delivering her baby, no handcuffs,
shackles, or restraints of | 14 | | any kind may be used during her transport to a
medical facility | 15 | | for the purpose of delivering her baby. Under no
circumstances | 16 | | may leg irons or shackles or waist shackles be used on any
| 17 | | pregnant female prisoner who is in labor. Upon the pregnant | 18 | | female
prisoner's entry to the hospital
delivery room, a county | 19 | | correctional officer must be posted immediately outside
the
| 20 | | delivery room. The Sheriff must provide for adequate personnel | 21 | | to monitor
the pregnant female prisoner during her transport to | 22 | | and 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 | 25 | | Employees Tort
Immunity Act is amended by changing Section |
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| 1 | | 4-105 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 | 4 | | employee is liable
for injury proximately caused by the failure | 5 | | of the employee to furnish or
obtain medical care for a | 6 | | prisoner in his custody; but this Section shall not
apply where | 7 | | the employee, acting within the scope
of his employment, knows
| 8 | | from his observation of conditions that the prisoner is in
need | 9 | | of immediate medical care
and, through willful and wanton | 10 | | conduct, fails to take reasonable
action to summon medical | 11 | | care. Nothing in this
Section requires the periodic inspection | 12 | | of prisoners. This Section shall be applicable to actions taken | 13 | | by corrections officials or prisoners pursuant to Section 17.5 | 14 | | of the Counties Code.
| 15 | | (Source: P.A. 84-1431.)
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