Inmates in labor.

(1) Existing law requires that a female inmate have the right to summon and receive the services of a physician and surgeon of her choice in order to determine whether she is pregnant and, if determined to be pregnant, is entitled to receive needed medical services, as specified. Existing law requires the posting of these rights in a conspicuous place to which all female inmates have access. Additionally, existing law requires pregnant inmates who are transported to a hospital outside the prison for the purpose of childbirth to be transported in the least restrictive way possible and, upon arrival at the hospital, prohibits shackling by the wrists, ankles, or both, unless deemed necessary for safety, when the inmate is in active labor as determined by the attending physician. This bill would prohibit a pregnant inmate, as defined, in labor, in recovery, or after delivery, from being restrained by the use of leg irons, waist chains, or handcuffs behind the body. The bill would prohibit, in these circumstances, restraint by the wrists, ankles, or both, unless deemed necessary for the safety and security of the inmate, the staff, or the public. The bill would require the standards established by the Board of State and Community Corrections to require that pregnant inmates to be advised, orally or in writing, of standards and policies governing pregnant inmates. (2) Existing law requires the Board of State and Community Corrections to establish minimum standards for local correctional facilities, which include standards governing pregnant inmates. This bill would require the board, at the next biennial meeting after the enactment of this measure, to adopt standards regarding the restraint of pregnant women and to review local facilities' compliance. (3) Existing law requires that a female ward of the juvenile court or a female who has been committed to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, who is pregnant, have the right to summon a physician and surgeon of her choice to determine if she is pregnant and to receive medically necessary care if she is found to be pregnant, as specified. Existing law prohibits a pregnant ward or pregnant juvenile inmate from being shackled by the wrists, ankles, or both, while in labor, requires pregnant inmates who are transported to a hospital outside the facility for the purpose of childbirth to be transported in the least restrictive way possible, and prohibits shackling by the wrists, ankles, or both, unless deemed necessary for safety, when the female is in active labor. This bill would prohibit a ward who is known to be pregnant or in recovery after delivery from being restrained by the use of leg irons, waist chains, or handcuffs behind the body, including while being transported to a hospital outside the facility. The bill would prohibit, in these circumstances, restraint by the wrists, ankles, or both, unless deemed necessary for the safety and security of the inmate, the staff, or the public.