Illinois General Assembly - Full Text of HB1958
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Full Text of HB1958  97th General Assembly


Rep. Robyn Gabel

Filed: 4/26/2011





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2    AMENDMENT NO. ______. Amend House Bill 1958, AS AMENDED, by
3replacing everything after the enacting clause with the
5    "Section 5. The Counties Code is amended by changing
6Section 3-15003.6 as follows:
7    (55 ILCS 5/3-15003.6)
8    Sec. 3-15003.6. Pregnant female prisoners.
9    (a) Definitions. For the purpose of this Section:
10        (1) "Restraints" means any physical restraint or
11    mechanical device used to control the movement of a
12    prisoner's body or limbs, or both, including, but not
13    limited to, flex cuffs, soft restraints, hard metal
14    handcuffs, a black box, Chubb cuffs, leg irons, belly
15    chains, a security (tether) chain, or a convex shield, or
16    shackles of any kind.



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1        (2) "Labor" means the period of time before a birth and
2    shall include any medical condition in which a woman is
3    sent or brought to the hospital for the purpose of
4    delivering her baby. These situations include: induction
5    of labor, prodromal labor, pre-term labor, prelabor
6    rupture of membranes, the 3 stages of active labor, uterine
7    hemorrhage during the third trimester of pregnancy, and
8    caesarian delivery including pre-operative preparation.
9        (3) "Post-partum" means, as determined by her
10    physician, the period immediately following delivery,
11    including the entire period a woman is in the hospital or
12    infirmary after birth.
13        (4) "Correctional institution" means any entity under
14    the authority of a county law enforcement division of a
15    county of more than 1,000,000 inhabitants that has the
16    power to detain or restrain, or both, a person under the
17    laws of the State.
18        (5) "Corrections official" means the official that is
19    responsible for oversight of a correctional institution,
20    or his or her designee.
21        (6) "Prisoner" means any person incarcerated or
22    detained in any facility who is accused of, convicted of,
23    sentenced for, or adjudicated delinquent for, violations
24    of criminal law or the terms and conditions of parole,
25    probation, pretrial release, or diversionary program, and
26    any person detained under the immigration laws of the



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1    United States at any correctional facility.
2        (7) "Extraordinary circumstance" means an
3    extraordinary medical or security circumstance, including
4    a substantial flight risk, that dictates restraints be used
5    to ensure the safety and security of the prisoner, the
6    staff of the correctional institution or medical facility,
7    other prisoners, or the public.
8    (b) A county department of corrections shall not apply
9security restraints to a prisoner that has been determined by a
10qualified medical professional to be pregnant and is known by
11the county department of corrections to be pregnant or in
12postpartum recovery, which is the entire period a woman is in
13the medical facility after birth, unless the corrections
14official makes an individualized determination that the
15prisoner presents a substantial flight risk or some other
16extraordinary circumstance that dictates security restraints
17be used to ensure the safety and security of the prisoner, her
18child or unborn child, the staff of the county department of
19corrections or medical facility, other prisoners, or the
20public. The protections set out in clauses (b)(3) and (b)(4) of
21this Section shall apply to security restraints used pursuant
22to this subsection. The corrections official shall immediately
23remove all restraints upon the written or oral request of
24medical personnel. Oral requests made by medical personnel
25shall be verified in writing as promptly as reasonably



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1        (1) Qualified authorized health staff shall have the
2    authority to order therapeutic restraints for a pregnant or
3    postpartum prisoner who is a danger to herself, her child,
4    unborn child, or other persons due to a psychiatric or
5    medical disorder. Therapeutic restraints may only be
6    initiated, monitored and discontinued by qualified and
7    authorized health staff and used to safely limit a
8    prisoner's mobility for psychiatric or medical reasons. No
9    order for therapeutic restraints shall be written unless
10    medical or mental health personnel, after personally
11    observing and examining the prisoner, are clinically
12    satisfied that the use of therapeutic restraints is
13    justified and permitted in accordance with hospital
14    policies and applicable State law. Metal handcuffs or
15    shackles are not considered therapeutic restraints.
16        (2) Whenever therapeutic restraints are used by
17    medical personnel, Section 2-108 of the Mental Health and
18    Developmental Disabilities Code shall apply.
19        (3) Leg irons, shackles or waist shackles shall not be
20    used on any pregnant or postpartum prisoner regardless of
21    security classification. Except for therapeutic restraints
22    under clause (b)(2), no restraints of any kind may be
23    applied to prisoners during labor.
24        (4) When a pregnant or postpartum prisoner must be
25    restrained, restraints used shall be the least restrictive
26    restraints possible to ensure the safety and security of



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1    the prisoner, her child, unborn child, the staff of the
2    county department of corrections or medical facility,
3    other prisoners, or the public, and in no case shall
4    include leg irons, shackles or waist shackles.
5        (5) Upon the pregnant prisoner's entry into a hospital
6    room, and completion of initial room inspection, a
7    corrections official shall be posted immediately outside
8    the hospital room, unless requested to be in the room by
9    medical personnel attending to the prisoner's medical
10    needs.
11        (6) The county department of corrections shall provide
12    adequate corrections personnel to monitor the pregnant
13    prisoner during her transport to and from the hospital and
14    during her stay at the hospital.
15        (7) Where the county department of corrections
16    requires prisoner safety assessments, a corrections
17    official may enter the hospital room to conduct periodic
18    prisoner safety assessments, except during a medical
19    examination or the delivery process.
20        (8) Upon discharge from a medical facility, postpartum
21    prisoners shall be restrained only with handcuffs in front
22    of the body during transport to the county department of
23    corrections. A corrections official shall immediately
24    remove all security restraints upon written or oral request
25    by medical personnel. Oral requests made by medical
26    personnel shall be verified in writing as promptly as



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1    reasonably possible.
2    (c) Enforcement. No later than 30 days before the end of
3each fiscal year, the county sheriff or corrections official of
4the correctional institution where a pregnant prisoner has been
5restrained during that previous fiscal year, shall submit a
6written report to the Illinois General Assembly and the Office
7of the Governor that includes an account of every instance of
8prisoner restraint pursuant to this Section. The written report
9shall state the date, time, location and rationale for each
10instance in which restraints are used. The written report shall
11not contain any individually identifying information of any
12prisoner. Such reports shall be made available for public
14Notwithstanding any other statute, directive, or
15administrative regulation, when a pregnant female prisoner is
16brought to a hospital from a County Department of Corrections
17facility for the purpose of delivering her baby, no handcuffs,
18shackles, or restraints of any kind may be used during her
19transport to a medical facility for the purpose of delivering
20her baby. Under no circumstances may leg irons or shackles or
21waist shackles be used on any pregnant female prisoner who is
22in labor. Upon the pregnant female prisoner's entry to the
23hospital delivery room, a county correctional officer must be
24posted immediately outside the delivery room. The Sheriff must
25provide for adequate personnel to monitor the pregnant female
26prisoner during her transport to and from the hospital and



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1during her stay at the hospital.
2(Source: P.A. 91-253, eff. 1-1-00.)".