Senate Bill #2268 (2018)

AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT - THE HEALTHY PREGNANCIES FOR INCARCERATED WOMEN ACT

Prohibits the use of restraints on pregnant prisoners during transport to and from court proceedings by sheriffs and/or incarceration at the ACI with annual reports to the general assembly effective January 1, 2019.

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Changes since original draft

  • 2018 – S 2268
  • 2018 – S 2268 SUBSTITUTE A
  • ========
  • LC004089
  • LC004089/SUB A/2
  • ========
  • S T A T E O F R H O D E I S L A N D
  • IN GENERAL ASSEMBLY
  • JANUARY SESSION, A.D. 2018
  • ____________
  • A N A C T
  • RELATING TO STATE AFFAIRS AND GOVERNMENT - THE HEALTHY PREGNANCIES
  • FOR INCARCERATED WOMEN ACT
  • S TATE OF RHODE IS L AND
  • IN GENERAL ASSEMBLY
  • JANUARY SESSION, A.D. 2018
  • ____________
  • A N A C T
  • RELATINGTO STATE AFFAIRSAND GOVERNMENT- THE HEALTHY PREGNANCIES
  • FOR INCARCERATED WOMEN ACT
  • Introduced By: Senators Lynch Prata, Metts, Gee, Quezada, and Nesselbush
  • Date Introduced: February 01, 2018
  • Referred To: Senate Judiciary
  • It is enacted by the General Assembly as follows:
  • SECTION 1. Chapter 42-29 of the General Laws entitled "Sheriffs" is hereby amended by adding thereto the following section:
  • 42-29-32. Restraint of prisoners and detainees.
  • (a) No handcuffs, shackles or other restraints shall be used on a prisoner or detainee known to be pregnant to or from a court proceeding, except in accordance with the provisions of § 42-56.3-3(b). If restraints are used, the type of restraint applied and the application of the restraint shall be done in the least restrictive manner necessary.
  • (a) No handcuffs, shackles or other restraints shall be used on a prisoner or detainee known to be in her third trimester of pregnancy during transport to or from a court proceeding, except in accordance with the provisions of § 42-56.3-3(b). If restraints are used, the type of restraint applied and the application of the restraint shall be done in the least restrictive manner necessary.
  • (b) If restraints are used on a prisoner or detainee pursuant to subsection (a) of this section, the sheriff shall submit to the director of the department of public safety within five (5) days a report articulating the grounds that dictated the use of restraints. The department shall submit to the general assembly in January of each year a report disclosing the number of prisoners or detainees who were subjected to restraints pursuant to subsection (a) of this section, and the grounds for their use. No individually identifying information of any prisoner or detainee shall be included in the report.
  • SECTION 2. Chapter 42-56.3 of the General Laws entitled "The Healthy Pregnancies for Incarcerated Women Act" is hereby amended by adding thereto the following section:
  • SECTION 2. Chapter 42-56.3 of the GeneralLaws entitled "The Healthy Pregnancies for Incarcerated Women Act"is hereby amended by adding thereto the following section:
  • 42-56.3-8. Reports.
  • The department shall report to the general assembly in January of each year the number of pregnant women incarcerated at the adult correctional institutions during the previous year, including the number of women who gave birth, or who had a stillbirth or termination of pregnancy, and the number who were subject to the use of restraints as specified in § 42-56.3- 3(e). These findings shall be made available for public inspection, except that no individually identifying information of any prisoner or detainee shall be made public without the prisoner or detainee's written consent.
  • SECTION 3. This act shall take effect January 1, 2019. ======== LC004089 ========
  • EXPLANATION
  • BY THE LEGISLATIVE COUNCIL
  • OF
  • A N A C T
  • RELATING TO STATE AFFAIRS AND GOVERNMENT - THE HEALTHY PREGNANCIES
  • FOR INCARCERATED WOMEN ACT
  • The department shall report to the general assembly in January of each year the number of pregnant women incarcerated at the adult correctionalinstitutions during the previous year, and the number who were subjectto the use of restraints as specified in § 42-56.3-3(e). These findings shall be made available for public inspection, except that no individually identifying information of any prisoner or detainee shall be made public without the prisoner or detainee's written consent.
  • SECTION 3. This act shalltake effect January 1, 2019. ======== LC004089/SUB A/2 ========
  • LC004089/SUB A/2 - Page 2of 3
  • EXPLANATION
  • BY THE LEGISLATIVE COUNCIL
  • OF
  • A N A C T RELATINGTO STATE AFFAIRSAND GOVERNMENT - THE HEALTHY PREGNANCIES
  • FOR INCARCERATED WOMEN ACT
  • ***
  • This act would prohibit the use of restraints on pregnant female prisoners during transport to or from court proceedings by sheriffs as well as the department of corrections and require the department of public safety and corrections to submit annual reports to the general assembly regarding the number of pregnant women transported or restrained at the adult correctional institution, with the department of corrections including the number of women who gave birth and the number of pregnancies that were terminated in the previous year.
  • This act would take effect on January 1, 2019. ======== LC004089 ========
  • This act would prohibit the use of restraints on a prisoner or detainee known to be in her third trimester of pregnancy during transport to or from court proceedings by sheriffs as well as the department of corrections and require the department of public safety and corrections to submit annual reports to the general assembly regarding the number of prisoners or detainees known to be in their third trimester of pregnancy who were transported or restrained at the adult correctional institution.
  • This act would take effect on January 1, 2019. ======== LC004089/SUB A/2 ========
  • LC004089/SUB A/2 - Page 3of 3

Votes

NOTE: Electronic voting records are unofficial and may not be accurate. For an official vote tally, check the House or Senate Journal from the day of the vote.

Floor vote for Passage

May 23, 2018 at 5:07pm
Yeas: 34 / Nays: 0 / Not voting: 3 / Recused: 0
Legislator Vote
Sen. Algiere Y
Sen. Archambault Y
Sen. Calkin Y
Sen. Cano Y
Sen. Ciccone NV
Sen. Conley Y
Sen. Cote Y
Sen. Coyne NV
Sen. Crowley Y
Sen. DaPonte Y
Sen. DiPalma Y
Sen. Euer Y
Sen. Felag Y
Sen. Fogarty Y
Sen. Gallo Y
Sen. Gee Y
Sen. Goldin Y
Sen. Goodwin Y
Sen. Jabour Y
Sen. Lombardi Y
Sen. Lombardo Y
Sen. Lynch Prata Y
Sen. McCaffrey Y
Sen. Metts Y
Sen. Miller Y
Sen. Morgan Y
Sen. Nesselbush Y
Sen. Paolino Y
Sen. Pearson Y
Sen. Picard Y
Sen. Quezada Y
Sen. Raptakis NV
Sen. Ruggerio Y
Sen. Satchell Y
Sen. Seveney Y
Sen. Sheehan Y
Sen. Sosnowski Y

Floor vote for PASSAGE IN CONCURRENCE

June 22, 2018 at 4:36pm
Yeas: 69 / Nays: 0 / Not voting: 6 / Recused: 0
Legislator Vote
Rep. Abney Y
Rep. Ackerman Y
Rep. Ajello Y
Rep. Almeida Y
Rep. Amore Y
Rep. Azzinaro Y
Rep. Barros Y
Rep. Bennett Y
Rep. Blazejewski Y
Rep. Canario Y
Rep. Carson Y
Rep. Casey Y
Rep. Casimiro Y
Rep. Chippendale Y
Rep. Corvese Y
Rep. Costantino Y
Rep. Coughlin Y
Rep. Craven Y
Rep. Cunha Y
Rep. Diaz NV
Rep. Donovan Y
Rep. Edwards Y
Rep. Fellela Y
Rep. Filippi Y
Rep. Fogarty Y
Rep. Giarrusso Y
Rep. Handy Y
Rep. Hearn NV
Rep. Hull Y
Rep. Jacquard Y
Rep. Johnston Y
Rep. Kazarian NV
Rep. Keable Y
Rep. Kennedy Y
Rep. Knight Y
Rep. Lancia Y
Rep. Lima Y
Rep. Lombardi Y
Rep. Maldonado Y
Rep. Marshall Y
Rep. Marszalkowski Y
Rep. Mattiello Y
Rep. McEntee Y
Rep. McKiernan Y
Rep. McLaughlin Y
Rep. McNamara Y
Rep. Mendonca Y
Rep. Messier Y
Rep. Morgan Y
Rep. Morin Y
Rep. Nardolillo Y
Rep. Newberry Y
Rep. Nunes NV
Rep. O'Brien NV
Rep. O'Grady Y
Rep. Perez Y
Rep. Phillips Y
Rep. Price Y
Rep. Quattrocchi Y
Rep. Ranglin-Vassell Y
Rep. Regunberg Y
Rep. Roberts Y
Rep. Ruggiero Y
Rep. Serpa Y
Rep. Shanley Y
Rep. Shekarchi Y
Rep. Slater NV
Rep. Solomon Y
Rep. Tanzi Y
Rep. Tobon Y
Rep. Ucci Y
Rep. Vella-Wilkinson Y
Rep. Walsh Y
Rep. Williams Y
Rep. Winfield Y