Bill Text: MN HF2833 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Incarcerated women needs addressed relating to pregnancy and childbirth.
Sponsorship: Partisan Bill (Democrat 6)
Status: (Introduced - Dead) 2014-05-12 - Authors added Dehn, R., and Winkler [HF2833 Detail]
Download: Minnesota-2013-HF2833-Engrossed.html
1.2relating to public safety; addressing the needs of incarcerated women related to
1.3pregnancy and childbirth;proposing coding for new law in Minnesota Statutes,
1.4chapter 241.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [241.87] DEFINITIONS.
1.7As used in sections 241.88 and 241.89, the following terms have the meanings given:
1.8(1) "certified doula" has the meaning given in section 148.995, subdivision 2;
1.9(2) "correctional facility" has the meaning given in section 241.021, subdivision 1;
1.10(3) "doula services" has the meaning given in section 148.995, subdivision 4;
1.11(4) "postpartum" means the period of time following the birth of an infant to six
1.12months after the birth; and
1.13(5) "restrain" means the use of a mechanical or other device to constrain the
1.14movement of a person's body or limbs.
1.15 Sec. 2. [241.88] RESTRAINING AN INCARCERATED PREGNANT WOMAN.
1.16 Subdivision 1. Restraint. (a) A representative of a correctional facility may not
1.17restrain a pregnant woman who is in labor.
1.18(b) A representative of a correctional facility may not restrain a pregnant woman or
1.19a woman who has given birth within the preceding three days through the use of waist
1.20chains or other devices that cross or otherwise touch the woman's abdomen or handcuffs
1.21or other devices that cross or otherwise touch the woman's wrists when affixed behind
1.22the woman's back.
2.1(c) A representative of a correctional facility may restrain a woman who has given
2.2birth within the preceding three days only if the representative makes an individualized
2.3determination that the restraint is necessary to protect the safety of the woman or another,
2.4prevent damage to property, or prevent flight.
2.5(d) Notwithstanding paragraph (c), a representative of a correctional facility shall
2.6remove any restraints placed upon a pregnant woman during a medical emergency or
2.7upon a woman who has given birth within the preceding three days when directed to
2.8do so by the medical professional responsible for the woman's medical care based on a
2.9determination by the professional that the removal is medically necessary.
2.10(e) Section 645.241 does not apply to this section.
2.11 Subd. 2. Required training. The head of each correctional facility shall ensure that
2.12staff members of the facility who come in contact with pregnant women incarcerated in
2.13the facility are provided training on the provisions of this section.
2.14 Sec. 3. [241.89] REQUIREMENTS FOR AN INCARCERATED WOMAN.
2.15 Subdivision 1. Applicability. This section applies only to a woman:
2.16(1) incarcerated following conviction; and
2.17(2) incarcerated before conviction beyond the period specified for the woman's initial
2.18appearance before the court in Rules of Criminal Procedure, rules 3.02, 4.01, and 4.02.
2.19 Subd. 2. Requirements. The head of each correctional facility shall ensure that
2.20every woman incarcerated at the facility:
2.21(1) is tested for pregnancy unless she is over age 50;
2.22(2) if pregnant, is tested for sexually transmitted diseases, including HIV;
2.23(3) if pregnant or recently given birth, is provided appropriate educational materials
2.24and resources related to pregnancy, child birth, breast feeding, and parenting;
2.25(4) if pregnant or recently given birth, has access to doula services if these services
2.26are provided by a certified doula without charge or the incarcerated woman pays for the
2.27services;
2.28(5) if pregnant or recently given birth, has access to a mental health assessment and,
2.29if necessary, treatment while the incarcerated woman is pregnant and postpartum;
2.30(6) if pregnant or recently given birth and determined to be suffering from a mental
2.31illness, has access to evidence-based mental health treatment including psychotropic
2.32medication;
2.33(7) if pregnant or recently given birth and determined to be suffering from postpartum
2.34depression, has access to evidence-based therapeutic care for the depression; and
3.1(8) if pregnant, is advised, orally or in writing, of applicable laws and policies
3.2governing incarcerated pregnant women.
1.3pregnancy and childbirth;proposing coding for new law in Minnesota Statutes,
1.4chapter 241.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [241.87] DEFINITIONS.
1.7As used in sections 241.88 and 241.89, the following terms have the meanings given:
1.8(1) "certified doula" has the meaning given in section 148.995, subdivision 2;
1.9(2) "correctional facility" has the meaning given in section 241.021, subdivision 1;
1.10(3) "doula services" has the meaning given in section 148.995, subdivision 4;
1.11(4) "postpartum" means the period of time following the birth of an infant to six
1.12months after the birth; and
1.13(5) "restrain" means the use of a mechanical or other device to constrain the
1.14movement of a person's body or limbs.
1.15 Sec. 2. [241.88] RESTRAINING AN INCARCERATED PREGNANT WOMAN.
1.16 Subdivision 1. Restraint. (a) A representative of a correctional facility may not
1.17restrain a pregnant woman who is in labor.
1.18(b) A representative of a correctional facility may not restrain a pregnant woman or
1.19a woman who has given birth within the preceding three days through the use of waist
1.20chains or other devices that cross or otherwise touch the woman's abdomen or handcuffs
1.21or other devices that cross or otherwise touch the woman's wrists when affixed behind
1.22the woman's back.
2.1(c) A representative of a correctional facility may restrain a woman who has given
2.2birth within the preceding three days only if the representative makes an individualized
2.3determination that the restraint is necessary to protect the safety of the woman or another,
2.4prevent damage to property, or prevent flight.
2.5(d) Notwithstanding paragraph (c), a representative of a correctional facility shall
2.6remove any restraints placed upon a pregnant woman during a medical emergency or
2.7upon a woman who has given birth within the preceding three days when directed to
2.8do so by the medical professional responsible for the woman's medical care based on a
2.9determination by the professional that the removal is medically necessary.
2.10(e) Section 645.241 does not apply to this section.
2.11 Subd. 2. Required training. The head of each correctional facility shall ensure that
2.12staff members of the facility who come in contact with pregnant women incarcerated in
2.13the facility are provided training on the provisions of this section.
2.14 Sec. 3. [241.89] REQUIREMENTS FOR AN INCARCERATED WOMAN.
2.15 Subdivision 1. Applicability. This section applies only to a woman:
2.16(1) incarcerated following conviction; and
2.17(2) incarcerated before conviction beyond the period specified for the woman's initial
2.18appearance before the court in Rules of Criminal Procedure, rules 3.02, 4.01, and 4.02.
2.19 Subd. 2. Requirements. The head of each correctional facility shall ensure that
2.20every woman incarcerated at the facility:
2.21(1) is tested for pregnancy unless she is over age 50;
2.22(2) if pregnant, is tested for sexually transmitted diseases, including HIV;
2.23(3) if pregnant or recently given birth, is provided appropriate educational materials
2.24and resources related to pregnancy, child birth, breast feeding, and parenting;
2.25(4) if pregnant or recently given birth, has access to doula services if these services
2.26are provided by a certified doula without charge or the incarcerated woman pays for the
2.27services;
2.28(5) if pregnant or recently given birth, has access to a mental health assessment and,
2.29if necessary, treatment while the incarcerated woman is pregnant and postpartum;
2.30(6) if pregnant or recently given birth and determined to be suffering from a mental
2.31illness, has access to evidence-based mental health treatment including psychotropic
2.32medication;
2.33(7) if pregnant or recently given birth and determined to be suffering from postpartum
2.34depression, has access to evidence-based therapeutic care for the depression; and
3.1(8) if pregnant, is advised, orally or in writing, of applicable laws and policies
3.2governing incarcerated pregnant women.
