SCS/SB 180 - This act creates the Pregnant Offender Transportation, Evaluation, and Correctional Treatment Act, or the ProTECT act. The act prohibits the use of restraints on offenders during the third trimester of pregnancy and for 48 hours after delivery unless a chief administrative officer or their designee has determined that extraordinary circumstances exist. This act defines "extraordinary circumstances". This act also requires that the Department of Corrections establish policies and procedures for the transportation, evaluation, and treatment of pregnant and postpartum offenders. The act requires that pregnant or postpartum offenders be evaluated and treated for a variety of conditions. The act specifies that chief administrative officers who make certain good faith determinations regarding the restraint of pregnant or postpartum offenders shall not be held liable. Under this act, pregnant and postpartum offenders must be transported in cars with seatbelts. If restraints are used, they must be the least restrictive available. Leg or waist restraints may not be used on pregnant or postpartum offenders and restraints must not be used if a health care provider treating the offender requests that restraints not be used.
Whenever a doctor determines extraordinary circumstances exist and restraints are used, the doctor must fully document certain information in writing within 7 days of the incident. This act requires the Sentencing and Corrections Oversight Commission and the Advisory Committee on Women's Programs to conduct biannual reviews of the written reports. The Department of Corrections shall keep the reports on file for five years.
This act requires the head of each prison to provide training to prison employees on the requirements of this act and inform female offenders of the prison's policies and practices regarding the use of restraints on pregnant and postpartum inmates.
This act is similar to a provision of HCS/HB 351 (2017), a provision of HB 1002 (2017), a provision of SS/SCS/SB 977 (2016) and a provision of SB 663 (2016).
JOHN GRANA