HB5431 103RD GENERAL ASSEMBLY

LRB103 39388 AWJ 69563 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5431

Introduced 2/9/2024, by Rep. Kelly M. Cassidy

SYNOPSIS AS INTRODUCED:

See Index

Amends the County Department of Corrections Law. In provisions about pregnant prisoners, modifies the definitions of "post-partum" and "correctional institution", including that "correctional institution" includes institutions in all counties (rather than only in counties more than 3,000,000 inhabitants). Modifies and removes provisions relating to security restraints on a prisoner who is pregnant or in postpartum recovery. Adds provisions relating to annual reports by sheriffs documenting the number of pregnant prisoners in custody each year and the number of people who deliver or miscarry while in custody, relating to county department of corrections providing informational materials concerning the laws pertaining to pregnant prisoners to any pregnant or postpartum prisoner, and relating to supplemental nutrition for prisoners who are pregnant or lactating. Amends the Unified Code of Corrections and the County Jail Act making similar changes. In the Unified Code of Corrections, also adds language relating to restraints of committed persons who are pregnant. Amends the Health Care Violence Prevention Act. In provisions relating to pregnant prisoners, removes a limitation on the provisions to pregnant prisoners in the custody of the Cook County. Provides that restraint of a pregnant prisoner shall comply with specified provisions of the Counties Code, the Unified Code of Corrections, and the County Jail Act (rather than only the Counties Code provisions).

A BILL FOR

AN ACT concerning government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Counties Code is amended by changing Sections 3-15003.6, 3-15003.8, and 3-15003.9 and by adding Section 3-15003.11 as follows:

(55 ILCS 5/3-15003.6)

Sec. 3-15003.6. Pregnant female prisoners.

(a) Definitions. For the purpose of this Section and the Sections preceding Section 3-15004 Sections 3-15003.7, 3-15003.8, 3-15003.9, and 3-15003.10:

(1) "Restraints" means any physical restraint or mechanical device used to control the movement of a prisoner's body or limbs, or both, including, but not limited to, flex cuffs, soft restraints, hard metal handcuffs, a black box, Chubb cuffs, leg irons, belly chains, a security (tether) chain, or a convex shield, or shackles of any kind.

(2) "Labor" means the period of time before a birth and shall include any medical condition in which an individual a woman is sent or brought to the hospital for the purpose of delivering a her baby. These situations include: induction of labor, prodromal labor, pre-term labor, prelabor rupture of membranes, the 3 stages of active labor, uterine hemorrhage during the third trimester of pregnancy, and caesarian delivery including pre-operative preparation.

(3) "Postpartum" means the 6-week period following birth unless determined to be a longer period by a physician, advanced practice registered nurse, or physician assistant. "Post-partum" means, as determined by her physician, advanced practice registered nurse, or physician assistant, the period immediately following delivery, including the entire period a woman is in the hospital or infirmary after birth.

(4) "Correctional institution" means any entity under the authority of a county law enforcement division of a county of more than 3,000,000 inhabitants that has the power to detain or restrain, or both, a person under the laws of the State.

(5) "Corrections official" means the official that is responsible for oversight of a correctional institution, or his or her designee.

(6) "Prisoner" means any person incarcerated or detained in any facility who is accused of, convicted of, sentenced for, or adjudicated delinquent for, violations of criminal law or the terms and conditions of parole, probation, pretrial release, or diversionary program, and any person detained under the immigration laws of the United States at any correctional facility.

(7) "Extraordinary circumstance" means an extraordinary medical or security circumstance, including a substantial flight risk, that dictates restraints be used to ensure the safety and security of the prisoner, the staff of the correctional institution or medical facility, other prisoners, or the public.

(b) A county department of corrections shall not apply security restraints to a prisoner that has been determined by a qualified medical professional to be pregnant or otherwise and is known by the county department of corrections to be pregnant or in postpartum recovery, which is the entire period a woman is in the medical facility after birth, 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, the prisoner's her child or unborn child, the staff of the county department of corrections or medical facility, other prisoners, or the public. The protections set out in clauses (b)(3) and (b)(4) of this Section shall apply to security restraints used pursuant to this subsection. The corrections official shall immediately remove all restraints upon the written or oral request of medical personnel. The corrections official shall immediately remove all approved electronic monitoring devices, as that term is defined in Section 5-8A-2 of the Unified Code of Corrections, of a pregnant prisoner during labor and delivery. Oral requests made by medical personnel shall be verified in writing as promptly as reasonably possible.

(1) Qualified authorized health staff shall have the authority to order therapeutic restraints for a pregnant or postpartum prisoner who is a danger to the prisoner, the prisoner's herself, her child, unborn child, or other persons due to a psychiatric or medical disorder. Therapeutic restraints may only be initiated, monitored and discontinued by qualified and authorized health staff and used to safely limit a prisoner's mobility for psychiatric or medical reasons. No order for therapeutic restraints shall be written unless medical or mental health personnel, after personally observing and examining the prisoner, are clinically satisfied that the use of therapeutic restraints is justified and permitted in accordance with hospital policies and applicable State law. Metal handcuffs or shackles are not considered therapeutic restraints.

(2) Whenever therapeutic restraints are used by medical personnel, Section 2-108 of the Mental Health and Developmental Disabilities Code shall apply.

(3) Leg irons, shackles or waist shackles shall not be used on any pregnant or postpartum prisoner regardless of security classification. Except for therapeutic restraints under clause (b)(2), no restraints of any kind may be applied to prisoners during labor.

(4) When a pregnant or postpartum prisoner must be restrained, restraints used shall be the least restrictive restraints possible to ensure the safety and security of the prisoner, the prisoner's her child, unborn child, the staff of the county department of corrections or medical facility, other prisoners, or the public, and in no case shall include leg irons, shackles or waist shackles.

(5) Upon the pregnant prisoner's entry into a hospital room, and completion of initial room inspection, a corrections official shall be posted immediately outside the hospital room, unless requested to be in the room by medical personnel attending to the prisoner's medical needs.

(6) The county department of corrections shall provide adequate corrections personnel to monitor the pregnant prisoner during the prisoner's her transport to and from the hospital and during the prisoner's her stay at the hospital.

(7) Where the county department of corrections requires prisoner safety assessments, a corrections official may enter the hospital room to conduct periodic prisoner safety assessments, except during a medical examination or the delivery process.

(8) (Blank). Upon discharge from a medical facility, postpartum prisoners shall be restrained only with handcuffs in front of the body during transport to the county department of corrections. A corrections official shall immediately remove all security restraints upon written or oral request by medical personnel. Oral requests made by medical personnel shall be verified in writing as promptly as reasonably possible.

(c) Enforcement. No later than 30 days before the end of each fiscal year, the county sheriff or corrections official of the correctional institution where a pregnant or postpartum prisoner has been restrained during that previous fiscal year, shall submit a written report to the Illinois General Assembly and the Office of the Governor that includes an account of every instance of prisoner restraint pursuant to this Section. The written report shall state the date, time, location and rationale for each instance in which restraints are used. The written report shall not contain any individually identifying information of any prisoner. Such reports shall be made available for public inspection.

(d) Data reporting. No later than 30 days before the end of each fiscal year, each county sheriff shall submit a written report to the Illinois General Assembly and the Office of the Governor that includes the number of pregnant prisoners in custody each year and the number of people who deliver or miscarry while in custody. The written report shall not contain any individually identifying information of a prisoner. The written report shall be made available for public inspection.

(Source: P.A. 100-513, eff. 1-1-18; 101-652, eff. 7-1-21.)

(55 ILCS 5/3-15003.8)

Sec. 3-15003.8. Educational programming for pregnant prisoners.

(a) The Illinois Department of Public Health shall provide the county department of corrections with educational programming relating to pregnancy and parenting and the county department of corrections shall provide the programming to pregnant prisoners. The programming must include instruction regarding:

(1) appropriate prenatal care and hygiene;

(2) the effects of prenatal exposure to alcohol and drugs on a developing fetus;

(3) parenting skills; and

(4) medical and mental health issues applicable to children.

(b) Each county department of corrections shall provide written informational materials concerning the laws pertaining to pregnant prisoners to any pregnant or postpartum individual. The Department of Public Health shall provide these informational materials to the warden of the county department of corrections at no cost to the county and the county may accept informational materials from community-based organizations specializing in the rights of pregnant prisoners. The informational materials must include information regarding:

(1) the prohibition against the use of restraints;

(2) rules concerning the treatment of pregnant prisoners, including those relating to bed height and supplemental nutrition;

(3) the right to spend time with a child following delivery;

(4) the requirement to provide educational programming;

(5) all rights under the Reproductive Health Act;

(6) the procedure for obtaining an abortion, if so desired;

(7) any new or additional laws concerning the rights of pregnant prisoners; and

(8) address or contact information for community organizations specializing in the rights of pregnant prisoners for questions or concerns.

(c) Each county department of corrections must also post informational flyers wherever pregnant prisoners may be housed.

(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21.)

(55 ILCS 5/3-15003.9)

Sec. 3-15003.9. Prisoner postpartum post-partum recovery requirements. A county department of corrections shall ensure that, for a period of 72 hours after the birth of an infant by a prisoner:

(1) the infant is allowed to remain with the prisoner, unless a medical professional determines doing so would pose a health or safety risk to the prisoner or infant; and

(2) the prisoner has access to any nutritional or hygiene-related products necessary to care for the infant, including diapers.

(Source: P.A. 101-652, eff. 7-1-21.)

(55 ILCS 5/3-15003.11 new)

Sec. 3-15003.11. Supplemental nutrition during pregnancy or lactation. A prisoner who is pregnant or lactating, including a prisoner who is nursing a baby or pumping breastmilk, shall be provided supplemental nutrition of at least 300 calories per day. This supplemental nutrition shall be in addition to any regularly provided food and shall be available outside of regular mealtimes.

Section 10. The Health Care Violence Prevention Act is amended by changing Section 30 as follows:

(210 ILCS 160/30)

Sec. 30. Medical care for committed persons.

(a) If a committed person receives medical care and treatment at a place other than an institution or facility of the Department of Corrections, a county, or a municipality, then the institution or facility shall:

(1) to the greatest extent practicable, notify the hospital or medical facility that is treating the committed person prior to the committed person's visit and notify the hospital or medical facility of any significant medical, mental health, recent violent actions, or other safety concerns regarding the patient;

(2) to the greatest extent practicable, ensure the transferred committed person is accompanied by the most comprehensive medical records possible;

(3) provide at least one guard trained in custodial escort and custody of high-risk committed persons to accompany any committed person. The custodial agency shall attest to such training for custodial escort and custody of high-risk committed persons through: (A) the training of the Department of Corrections, Department of Juvenile Justice, or Illinois State Police; (B) law enforcement training that is substantially equivalent to the training of the Department of Corrections, Department of Juvenile Justice, or Illinois State Police; or (C) the training described in Section 35. Under no circumstances may leg irons or shackles or waist shackles be used on any pregnant female prisoner who is in labor. In addition, restraint of a pregnant female prisoner in the custody of the Cook County shall comply with Section 3-15003.6 of the Counties Code. Additionally, restraints shall not be used on a committed person if medical personnel determine that the restraints would impede medical treatment; and

(4) ensure that only medical personnel, Department of Corrections, county, or municipality personnel, and visitors on the committed person's approved institutional visitors list may visit the committed person. Visitation by a person on the committed person's approved institutional visitors list shall be subject to the rules and procedures of the hospital or medical facility and the Department of Corrections, county, or municipality. In any situation in which a committed person is being visited:

(A) the name of the visitor must be listed per the facility's or institution's documentation;

(B) the visitor shall submit to the search of his or her person or any personal property under his or her control at any time; and

(C) the custodial agency may deny the committed person access to a telephone or limit the number of visitors the committed person may receive for purposes of safety.

If a committed person receives medical care and treatment at a place other than an institution or facility of the Department of Corrections, county, or municipality, then the custodial agency shall ensure that the committed person is wearing security restraints in accordance with the custodial agency's rules and procedures if the custodial agency determines that restraints are necessary for the following reasons: (i) to prevent physical harm to the committed person or another person; (ii) because the committed person has a history of disruptive behavior that has placed others in potentially harmful situations or presents a substantial risk of inflicting physical harm on himself or herself or others as evidenced by recent behavior; or (iii) there is a well-founded belief that the committed person presents a substantial risk of flight. Under no circumstances may leg irons or shackles or waist shackles be used on any pregnant female prisoner who is in labor. In addition, restraint of a pregnant female prisoner in the custody of the Cook County shall comply with Section 3-15003.6 of the Counties Code.

The hospital or medical facility may establish protocols for the receipt of committed persons in collaboration with the Department of Corrections, county, or municipality, specifically with regard to potentially violent persons.

(b) If a committed person receives medical care and treatment at a place other than an institution or facility of the Department of Juvenile Justice, then the institution or facility shall:

(1) to the greatest extent practicable, notify the hospital or medical facility that is treating the committed person prior to the committed person's visit, and notify the hospital or medical facility of any significant medical, mental health, recent violent actions, or other safety concerns regarding the patient;

(2) to the greatest extent practicable, ensure the transferred committed person is accompanied by the most comprehensive medical records possible;

(3) provide: (A) at least one guard trained in custodial escort and custody of high-risk committed persons to accompany any committed person. The custodial agency shall attest to such training for custodial escort and custody of high-risk committed persons through: (i) the training of the Department of Corrections, Department of Juvenile Justice, or Illinois State Police, (ii) law enforcement training that is substantially equivalent to the training of the Department of Corrections, Department of Juvenile Justice, or Illinois State Police, or (iii) the training described in Section 35; or (B) 2 guards to accompany the committed person at all times during the visit to the hospital or medical facility; and

(4) ensure that only medical personnel, Department of Juvenile Justice personnel, and visitors on the committed person's approved institutional visitors list may visit the committed person. Visitation by a person on the committed person's approved institutional visitors list shall be subject to the rules and procedures of the hospital or medical facility and the Department of Juvenile Justice. In any situation in which a committed person is being visited:

(A) the name of the visitor must be listed per the facility's or institution's documentation;

(B) the visitor shall submit to the search of his or her person or any personal property under his or her control at any time; and

(C) the custodial agency may deny the committed person access to a telephone or limit the number of visitors the committed person may receive for purposes of safety.

If a committed person receives medical care and treatment at a place other than an institution or facility of the Department of Juvenile Justice, then the Department of Juvenile Justice shall ensure that the committed person is wearing security restraints on either his or her wrists or ankles in accordance with the rules and procedures of the Department of Juvenile Justice if the Department of Juvenile Justice determines that restraints are necessary for the following reasons: (i) to prevent physical harm to the committed person or another person; (ii) because the committed person has a history of disruptive behavior that has placed others in potentially harmful situations or presents a substantial risk of inflicting physical harm on himself or herself or others as evidenced by recent behavior; or (iii) there is a well-founded belief that the committed person presents a substantial risk of flight. Any restraints used on a committed person under this paragraph shall be the least restrictive restraints necessary to prevent flight or physical harm to the committed person or another person. Restraints shall not be used on the committed person as provided in this paragraph if medical personnel determine that the restraints would impede medical treatment. Under no circumstances may leg irons or shackles or waist shackles be used on any pregnant female prisoner who is in labor. In addition, restraint of a pregnant female prisoner in the custody of the Cook County shall comply with Section 3-15003.6 of the Counties Code.

The hospital or medical facility may establish protocols for the receipt of committed persons in collaboration with the Department of Juvenile Justice, specifically with regard to persons recently exhibiting violence.

(Source: P.A. 102-538, eff. 8-20-21.)

Section 15. The Unified Code of Corrections is amended by changing Sections 3-6-7, 3-6-7.2, 3-6-7.3, and 5-8A-4 and by adding Sections 3-6-0.5 and 3-6-7.5 as follows:

(730 ILCS 5/3-6-0.5 new)

Sec. 3-6-0.5. Definitions. As used in this Section and Sections 3-6-7, 3-6-7.2, 3-6-7.3, and 3-6-7.4:

"Extraordinary circumstance" means an extraordinary medical or security circumstance, including a substantial flight risk, that dictates restraints be used to ensure the safety and security of the committed person, the staff of the correctional institution or medical facility, other committed persons, or the public.

"Labor" means the period of time before a birth and shall include any medical condition in which an individual is sent or brought to the hospital for the purpose of delivering a baby. These situations include: induction of labor, prodromal labor, pre-term labor, prelabor rupture of membranes, the 3 stages of active labor, uterine hemorrhage during the third trimester of pregnancy, and caesarian delivery, including pre-operative preparation.

"Postpartum" means the 6-week period following birth unless determined to be a longer period by a physician, advanced practice registered nurse, or physician assistant.

"Restraints" means any physical restraint or mechanical device used to control the movement of a committed person's body or limbs, or both, including, but not limited to, flex cuffs, soft restraints, hard metal handcuffs, a black box, Chubb cuffs, leg irons, belly chains, a security (tether) chain, or a convex shield, or shackles of any kind.

(730 ILCS 5/3-6-7)

Sec. 3-6-7. Pregnant female committed persons.

(a) The Department shall not apply security restraints to a committed person that has been determined by a qualified medical professional to be pregnant or otherwise is known by the Department to be pregnant or in postpartum recovery, unless the correctional official makes an individualized determination that the committed person presents a substantial flight risk or some other extraordinary circumstance that dictates security restraints be used to ensure the safety and security of the committed person, the committed person's child or unborn child, the staff of the Department or medical facility, other committed persons, or the public. The protections set out in paragraphs (3) and (4) of this Section shall apply to security restraints used as provided in this subsection. The correctional officer employed by the Department shall immediately remove all restraints and approved electronic monitoring devices, as that term is defined in Section 5-8A-2 of the Unified Code of Corrections, upon the written or oral request of medical personnel. Oral requests made by medical personnel shall be verified in writing as promptly as reasonably possible.

(1) Qualified authorized health staff shall have the authority to order therapeutic restraints for a pregnant or postpartum committed person who is a danger to the committed person, the committed person's child, unborn child, or other persons due to a psychiatric or medical disorder. Therapeutic restraints may only be initiated, monitored, and discontinued by qualified and authorized health staff and used to safely limit a committed person's mobility for psychiatric or medical reasons. No order for therapeutic restraints shall be written unless medical or mental health personnel, after personally observing and examining the committed person, are clinically satisfied that the use of therapeutic restraints is justified and permitted in accordance with hospital policies and applicable State law. Metal handcuffs or shackles are not considered therapeutic restraints.

(2) Whenever therapeutic restraints are used by medical personnel, Section 2-108 of the Mental Health and Developmental Disabilities Code shall apply.

(3) Leg irons, shackles or waist shackles shall not be used on any pregnant or postpartum committed person regardless of security classification. Except for therapeutic restraints under paragraph (2) of subsection (b), no restraints of any kind may be applied to committed persons during labor.

(4) When a pregnant or postpartum committed person must be restrained, restraints used shall be the least restrictive restraints possible to ensure the safety and security of the committed person, the committed person's child, unborn child, the staff of the Department or medical facility, other committed persons, or the public, and in no case shall include leg irons, shackles, or waist shackles.

(5) Upon the pregnant committed person's entry into a hospital room, and completion of initial room inspection, a correctional officer shall be posted immediately outside the hospital room unless requested to be in the room by medical personnel attending to the committed person's medical needs.

(6) The Department shall provide adequate corrections personnel to monitor the pregnant committed person during the committed person's transport to and from the hospital and during the committed person's stay at the hospital.

(7) Where the correctional institution or facility requires committed person safety assessments, a correctional official may enter the hospital room to conduct periodic committed person safety assessments, except during a medical examination or the delivery process.

(b) No later than 30 days before the end of each fiscal year, the Department shall submit a written report to the Illinois General Assembly and the Office of the Governor that includes an account of every instance of committed person restraint pursuant to this Section. The written report shall state the date, time, location and rationale for each instance in which restraints are used. The written report shall not contain any individually identifying information of any committed person. Such reports shall be made available for public inspection.

(c) No later than 30 days before the end of each fiscal year, the Department shall submit a written report to the Illinois General Assembly and the Office of the Governor that includes the number of pregnant committed persons in custody each year and the number of people who deliver or miscarry while in custody. The written report shall not contain any individually identifying information of a prisoner. The written report shall be made available for public inspection Notwithstanding any other statute, directive, or administrative regulation, when a pregnant female committed person is brought to a hospital from an Illinois correctional center for the purpose of delivering her baby, no handcuffs, shackles, or restraints of any kind may be used during her transport to a medical facility for the purpose of delivering her baby. Under no circumstances may leg irons or shackles or waist shackles be used on any pregnant female committed person who is in labor. Upon the pregnant female committed person's entry to the hospital delivery room, a correctional officer must be posted immediately outside the delivery room. The Department must provide for adequate personnel to monitor the pregnant female committed person during her transport to and from the hospital and during her stay at the hospital.

(Source: P.A. 91-253, eff. 1-1-00.)

(730 ILCS 5/3-6-7.2)

Sec. 3-6-7.2. Educational programming and information for pregnant committed persons.

(a) The Department shall develop and provide to each pregnant committed person educational programming relating to pregnancy and parenting. The programming must include instruction regarding:

(1) appropriate prenatal care and hygiene;

(2) the effects of prenatal exposure to alcohol and drugs on a developing fetus;

(3) parenting skills; and

(4) medical and mental health issues applicable to children.

(b) The Department shall provide informational materials concerning the laws pertaining to pregnant committed persons to any pregnant or postpartum individual. The Department of Public Health and community-based organizations specializing in the rights of pregnant committed persons shall provide these information materials to the warden at no cost to the county. The informational materials must include information regarding:

(1) the prohibition against the use of restraints;

(2) rules concerning the treatment of pregnant committed persons, including those relating to bed height and supplemental nutrition;

(3) the right to spend time with a child following delivery;

(4) the requirement to provide educational programming;

(5) all rights under the Reproductive Health Act;

(6) the procedure for obtaining an abortion, if so desired;

(7) any new or additional laws concerning the rights of pregnant committed persons; and

(8) address or contact information for community organizations specializing in the rights of pregnant committed persons for questions or concerns;

(c) The Department must also post informational flyers wherever pregnant committed persons may be housed.

(Source: P.A. 101-652, eff. 7-1-21; 102-813, eff. 5-13-22.)

(730 ILCS 5/3-6-7.3)

Sec. 3-6-7.3. Committed person postpartum post-partum recovery requirements. The Department shall ensure that, for a period of 72 hours after the birth of an infant by a committed person:

(1) the infant is allowed to remain with the committed person, unless a medical professional determines doing so would pose a health or safety risk to the committed person or infant based on information only available to the Department. The mental health professional shall make any such determination on an individualized basis and in consultation with the birthing team of the pregnant person and the Chief of the Women's Division. The birthing team shall include the committed person's perinatal care providers and doula, if available; and

(2) the committed person has access to any nutritional or hygiene-related products necessary to care for the infant, including diapers.

(Source: P.A. 102-28, eff. 6-25-21; 103-154, eff. 6-30-23.)

(730 ILCS 5/3-6-7.5 new)

Sec. 3-6-7.5. Supplemental nutrition during pregnancy or lactation. A committed person who is pregnant or lactating, including a committed person who is nursing a baby or pumping breastmilk, shall be provided supplemental nutrition of at least 300 calories per day. This supplemental nutrition shall be in addition to any regularly provided food and shall be available outside of regular mealtimes.

(730 ILCS 5/5-8A-4) (from Ch. 38, par. 1005-8A-4)

Sec. 5-8A-4. Program description. The supervising authority may promulgate rules that prescribe reasonable guidelines under which an electronic monitoring and home detention program shall operate. When using electronic monitoring for home detention these rules may include, but not be limited to, the following:

(A) The participant may be instructed to remain within the interior premises or within the property boundaries of his or her residence at all times during the hours designated by the supervising authority. Such instances of approved absences from the home shall include, but are not limited to, the following:

(1) working or employment approved by the court or traveling to or from approved employment;

(2) unemployed and seeking employment approved for the participant by the court;

(3) undergoing medical, psychiatric, mental health treatment, counseling, or other treatment programs approved for the participant by the court;

(4) attending an educational institution or a program approved for the participant by the court;

(5) attending a regularly scheduled religious service at a place of worship;

(6) participating in community work release or community service programs approved for the participant by the supervising authority;

(7) for another compelling reason consistent with the public interest, as approved by the supervising authority; or

(8) purchasing groceries, food, or other basic necessities.

(A-1) At a minimum, any person ordered to pretrial home confinement with or without electronic monitoring must be provided with movement spread out over no fewer than two days per week, to participate in basic activities such as those listed in paragraph (A). In this subdivision (A-1), "days" means a reasonable time period during a calendar day, as outlined by the court in the order placing the person on home confinement.

(B) The participant shall admit any person or agent designated by the supervising authority into his or her residence at any time for purposes of verifying the participant's compliance with the conditions of his or her detention.

(C) The participant shall make the necessary arrangements to allow for any person or agent designated by the supervising authority to visit the participant's place of education or employment at any time, based upon the approval of the educational institution employer or both, for the purpose of verifying the participant's compliance with the conditions of his or her detention.

(D) The participant shall acknowledge and participate with the approved electronic monitoring device as designated by the supervising authority at any time for the purpose of verifying the participant's compliance with the conditions of his or her detention.

(E) The participant shall maintain the following:

(1) access to a working telephone;

(2) a monitoring device in the participant's home, or on the participant's person, or both; and

(3) a monitoring device in the participant's home and on the participant's person in the absence of a telephone.

(F) The participant shall obtain approval from the supervising authority before the participant changes residence or the schedule described in subsection (A) of this Section. Such approval shall not be unreasonably withheld.

(G) The participant shall not commit another crime during the period of home detention ordered by the Court.

(H) Notice to the participant that violation of the order for home detention may subject the participant to prosecution for the crime of escape as described in Section 5-8A-4.1.

(I) The participant shall abide by other conditions as set by the supervising authority.

The supervising authority shall adopt rules to immediately remove all approved electronic monitoring devices of a pregnant participant during labor and delivery.

(J) This Section takes effect January 1, 2022.

(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21; 102-687, eff. 12-17-21; 102-1104, eff. 12-6-22.)

Section 20. The County Jail Act is amended by changing Sections 17.5, 17.7, and 17.8 and by adding Section 17.11 as follows:

(730 ILCS 125/17.5)

Sec. 17.5. Pregnant female prisoners. Restraint of a pregnant or postpartum prisoner shall comply with Section 3-15003.6 of the County Department of Corrections Law Notwithstanding any other statute, directive, or administrative regulation, when a pregnant female prisoner is brought to a hospital from a county jail for the purpose of delivering her baby, no handcuffs, shackles, or restraints of any kind may be used during her transport to a medical facility for the purpose of delivering her baby. Under no circumstances may leg irons or shackles or waist shackles be used on any pregnant female prisoner who is in labor. In addition, restraint of a pregnant female prisoner in the custody of the Cook County shall comply with Section 3-15003.6 of the Counties Code. Upon the pregnant female prisoner's entry to the hospital delivery room, 2 county correctional officers must be posted immediately outside the delivery room. The Sheriff must provide for adequate personnel to monitor the pregnant female prisoner during her transport to and from the hospital and during her stay at the hospital.

(Source: P.A. 100-1051, eff. 1-1-19.)

(730 ILCS 125/17.7)

Sec. 17.7. Educational programming and information for pregnant prisoners.

(a) The Illinois Department of Public Health shall provide the sheriff with educational programming relating to pregnancy and parenting and the sheriff shall provide the programming to pregnant prisoners. The programming must include instruction regarding:

(1) appropriate prenatal care and hygiene;

(2) the effects of prenatal exposure to alcohol and drugs on a developing fetus;

(3) parenting skills; and

(4) medical and mental health issues applicable to children.

(b) Each sheriff shall provide informational materials concerning the laws pertaining to pregnant prisoners to any pregnant or postpartum individual. The Department of Public Health shall provide these informational materials to the warden of the sheriff at no cost to the county and the county may accept informational materials from community-based organizations specializing in the rights of pregnant prisoners. The informational materials must include information regarding:

(1) the prohibition against the use of restraints;

(2) rules concerning the treatment of pregnant prisoners, including those relating to bed height and supplemental nutrition;

(3) the right to spend time with a child following delivery;

(4) the requirement to provide educational programming;

(5) all rights under the Reproductive Health Act;

(6) the procedure for obtaining an abortion, if so desired;

(7) any new or additional laws concerning the rights of pregnant prisoners; and

(8) address or contact information for community organizations specializing in the rights of pregnant prisoners for questions or concerns.

(c) Each sheriff must also post informational flyers wherever pregnant prisoners may be housed.

(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21.)

(730 ILCS 125/17.8)

Sec. 17.8. Prisoner postpartum post-partum recovery requirements. The sheriff shall ensure that, for a period of 72 hours after the birth of an infant by a prisoner:

(1) the infant is allowed to remain with the prisoner, unless a medical professional determines doing so would pose a health or safety risk to the prisoner or infant; and

(2) the prisoner has access to any nutritional or hygiene-related products necessary to care for the infant, including diapers.

(Source: P.A. 101-652, eff. 7-1-21.)

(730 ILCS 125/17.11 new)

Sec. 17.11. Supplemental nutrition during pregnancy or while lactating. A prisoner who is pregnant or lactating, including a prisoner who is nursing a baby or pumping breastmilk, shall be provided supplemental nutrition of at least 300 calories per day. This supplemental nutrition shall be in addition to any regularly provided food and shall be available outside of regular mealtimes.