Bill Text: OR SB47 | 2013 | Regular Session | Introduced
Bill Title: Relating to the use of restraints on inmates; declaring an emergency.
Spectrum: Committee Bill
Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB47 Detail]
Download: Oregon-2013-SB47-Introduced.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 304
Senate Bill 47
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Senate Interim Committee on
Judiciary for American Civil Liberties Union of Oregon)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Prohibits use of certain restraints on pregnant inmates and
inmates in postpartum recovery. Authorizes exceptions based on
written findings identifying extraordinary circumstances.
Allows prisoner to file suit to prohibit unlawful use of
restraints or to recover damages resulting from use of unlawful
restraints.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to the use of restraints on inmates; creating new
provisions; amending ORS 169.076; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1)(a) A corrections officer may not use
restraints on a prisoner the corrections officer knows is
pregnant, or during the prisoner's postpartum recovery, unless
the superintendent of the correctional facility in which the
prisoner is confined determines that:
(A) The prisoner presents an extraordinary flight risk; or
(B) An extraordinary medical or security circumstance requires
that restraints be used to ensure the safety and security of the
prisoner or any other person.
(b) When a corrections officer uses restraints on a prisoner
the corrections officer knows is pregnant, or during the
prisoner's postpartum recovery, the restraints must be applied in
the least restrictive manner necessary.
(2) Notwithstanding subsection (1) of this section:
(a) A corrections officer may not use leg or waist restraints
on a prisoner the corrections officer knows is pregnant, or
during the prisoner's postpartum recovery.
(b) A corrections officer may not use restraints on a prisoner
during labor or childbirth.
(c) At the request of a doctor, nurse or other health care
professional engaged in providing medical care to the prisoner, a
corrections officer shall immediately remove any restraints used
on a prisoner.
(3) When a prisoner is admitted to a medical facility or a
birthing center for labor or childbirth, a corrections officer
may not remain present in the room in which medical care is
provided to the prisoner, unless specifically requested by a
doctor, nurse or other health care professional. When a doctor,
nurse or other health care professional requests that a
corrections officer remain present in the room in which the
prisoner is experiencing labor or child birth, the superintendent
shall ensure that the corrections officer is a woman, when
practicable.
(4) No later than 10 days after a superintendent of a
correctional facility makes the determination described in
subsection (1) of this section, the superintendent shall make
written findings identifying the extraordinary circumstances
requiring the use of restraints. The written findings shall be
retained at the correctional facility for a period of at least
five years and are subject to public inspection under ORS 192.410
to 192.505, except that the prisoner's individually identifiable
information may not be disclosed without the prisoner's written
consent.
(5) A prisoner may bring an action to restrain a violation of
this section or to recover damages caused by a violation of this
section.
(6) As used in this section:
(a) 'Correctional facility' means a local correctional
facility, a lockup or a temporary hold, as those terms are
defined in ORS 169.005, a Department of Corrections institution
as defined in ORS 421.005, a youth correction facility as defined
in ORS 162.135 or any other place used for the confinement of
persons:
(A) Charged with, convicted of or found to have committed an
act that if committed by an adult would constitute a crime; or
(B) Detained under the immigration laws of the United States.
(b) 'Labor' means the period of time before birth during which
contractions are of sufficient frequency, intensity and duration
to bring about effacement and progressive dilation of the cervix.
(c) 'Postpartum recovery' means the period of time a person is
in a hospital or infirmary following the birth of a child and any
additional period of time identified by the person's physician.
(d) 'Prisoner' means a person detained in a correctional
facility.
(e) 'Restraints' means flex cuffs, soft restraints, hard metal
handcuffs, a black box, chubb cuffs, leg irons, belly chains, a
security or tether chain, a convex shield or any other physical
restraint or mechanical device used to control the movement of a
person's body or limbs.
(f) 'Superintendent' means the official responsible for the
operation of a correctional facility or the official's
designee. + }
SECTION 2. ORS 169.076 is amended to read:
169.076. Each local correctional facility shall:
(1) Provide sufficient staff to perform all audio and visual
functions involving security, control, custody and supervision of
all confined detainees and prisoners, with personal inspection at
least once each hour. The supervision may include the use of
electronic monitoring equipment when approved by the Department
of Corrections and the governing body of the area in which the
facility is located.
(2) Have a comprehensive written policy with respect to:
(a) Legal confinement authority.
(b) Denial of admission.
(c) Telephone calls.
(d) Admission and release medical procedures.
(e) Medication and prescriptions.
(f) Personal property accountability which complies with ORS
133.455.
(g) Vermin and communicable disease control.
(h) Release process to include authority, identification and
return of personal property.
(i) Rules of the facility governing correspondence and
visitations.
{ + (j) The restraint of prisoners and detainees who are
pregnant or in postpartum recovery, as defined in section 1 of
this 2013 Act. + }
(3) Formulate and publish plans to meet emergencies involving
escape, riots, assaults, fires, rebellions and other types of
emergencies; and regulations for the operation of the facility.
(4) Not administer any physical punishment to any prisoner at
any time.
(5) Provide for emergency medical and dental health, having
written policies providing for:
(a) Licensed physician or nurse practitioner review of the
facility's medical and dental plans.
(b) The security of medication and medical supplies.
(c) A medical and dental record system to include request for
medical and dental attention, treatment prescribed,
prescriptions, special diets and other services provided.
(d) First aid supplies and staff first aid training.
(6) Prohibit firearms from the security area of the facility
except in times of emergency as determined by the administrator
of the facility.
(7) Insure that confined detainees and prisoners:
(a) Will be fed daily at least three meals served at regular
times, with no more than 14 hours between meals except when
routinely absent from the facility for work or other purposes.
(b) Will be fed nutritionally adequate meals in accordance with
a plan reviewed by a registered dietitian or the Oregon Health
Authority.
(c) Be provided special diets as prescribed by the designated
facility physician or nurse practitioner.
(d) Shall have food procured, stored, prepared, distributed and
served under sanitary conditions, as defined by the authority
under ORS 624.041.
(8) Insure that the facility be clean, and provide each
confined detainee or prisoner:
(a) Materials to maintain personal hygiene.
(b) Clean clothing twice weekly.
(c) Mattresses and blankets that are clean and fire-retardant.
(9) Require each prisoner to shower at least twice weekly.
(10) Forward, without examination or censorship, each
prisoner's outgoing written communications to the Governor, jail
administrator, Attorney General, judge, Department of Corrections
or the attorney of the prisoner.
(11) Keep the facility safe and secure in accordance with the
State of Oregon Structural Specialty Code and Fire and Life
Safety Code.
(12) Have and provide each prisoner with written rules for
inmate conduct and disciplinary procedures. If a prisoner cannot
read or is unable to understand the written rules, the
information shall be conveyed to the prisoner orally.
(13) Not restrict the free exercise of religion unless failure
to impose the restriction will cause a threat to facility or
order.
(14) Safeguard and insure that the prisoner's legal rights to
access to legal materials are protected.
SECTION 3. { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
----------
