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.
2018-02-01: Introduced, referred to Senate Judiciary
2018-02-09: Scheduled for hearing and/or consideration (02/13/2018)
2018-02-13: Committee recommended measure be held for further study
2018-05-11: Scheduled for consideration (05/15/2018)
2018-05-15: Committee recommends passage of Sub A
2018-05-16: Committee recommends passage of Sub A
2018-05-17: Placed on Senate Calendar (05/23/2018)
2018-05-23: Senate passed Sub A
2018-05-25: Referred to House Judiciary
2018-06-19: Committee recommends passage of Sub A in concurrence
2018-06-19: Scheduled for consideration (06/19/2018)
2018-06-20: Placed on the House Consent Calendar
2018-06-21: Placed on the House Consent Calendar (06/21/2018)
2018-06-21: Placed on the House Consent Calendar (06/22/2018)
2018-06-21: Placed on the House Consent Calendar
2018-06-22: House passed Sub A in concurrence
2018-07-02: Transmitted to Governor
2018-07-02: Signed by Governor
Changes since original draft
2018 – S 2268
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
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.
(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 GeneralLaws entitled "The Healthy Pregnancies for Incarcerated Women Act"is hereby amended by adding thereto the following section:
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, including the number of women who gave birth, or who had a stillbirth or termination of pregnancy, 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 ========
BY THE LEGISLATIVE COUNCIL
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 ========
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