Pregnant inmates and wards: least restrictive restraints.

Existing law requires the Corrections Standards Authority to establish minimum standards for state and local correctional facilities, including standards restricting the shackling of women in labor, during childbirth, and while in recovery after giving birth, and to review those standards biennially and make any appropriate revisions, as specified. This bill would require that the standards ensure that women who are pregnant shall not be shackled by the wrists, ankles, or both during any transport, during labor, during delivery, and while in recovery after giving birth, except that the least restrictive restraints possible may be used when deemed necessary for the inmate, consistent with the legitimate security needs of the inmate, the staff, and the public. The bill would require the authority to develop these standards regarding the shackling of pregnant women as part of its biennial review of its standards. Under existing law, pregnant inmates of the Department of Corrections and Rehabilitation, wards of the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, and wards in the custody of a local juvenile facility, are to be transported in the least restrictive way possible when being taken to a hospital for purposes of childbirth. This bill would prohibit inmates and wards of these facilities who are known to be pregnant from being shackled by the wrists, ankles, or both during any transport, during labor, during delivery, and while in recovery after giving birth, unless deemed necessary for the safety and security of the inmate or ward, the staff, and the public. If restraints are deemed necessary during labor, delivery, recovery after birth, or transport, this bill would allow the person to be restrained in the least restrictive way possible, consistent with the legitimate security needs of each inmate or ward, the staff, and the public.