HB 585

The federal First Step Act established guidelines for the treatment of prisoners, including procedures for the use of restraints on pregnant federal prisoners

This bill would adopt the procedures relating to pregnant prisoners as Alabama law

Relating to prisoners; to adopt federal standards relating to the use of restraints on pregnant prisoners in the custody of the Alabama Department of Corrections or a law enforcement officer.

Section 1

For the purposes of this act, the following words shall have the following meanings: (1) COMMISSIONER. The Commissioner of the Alabama Department of Corrections. (2) CORRECTIONS OFFICIAL. An official of the Alabama Department of Corrections. (3) DEPARTMENT. The Alabama Department of Corrections. (4) POSTPARTUM RECOVERY. The 12-week period, or longer as determined by the health care professional responsible for the health and safety of the prisoner, following delivery. This term shall also include the entire period that the prisoner is in the hospital or infirmary. (5) PRISONER. An individual who has been sentenced to a term of imprisonment pursuant to a conviction for a criminal offense, or an individual in the custody of the Alabama Department of Corrections. (6) RESTRAINTS. Any physical or mechanical device used to control the movement of a prisoner's body, limbs, or both.

Section 2

(a) Except as provided in subsection (b), beginning on the date on which pregnancy is confirmed by a health care professional, and ending at the conclusion of postpartum recovery, a pregnant prisoner in the custody of the department or in the custody of any law enforcement officer shall not be placed in restraints. (b)(1) The prohibition under subsection (a) shall not apply under any of the following circumstances: a. An appropriate corrections official, or a law enforcement officer, as applicable, makes a determination that the prisoner is an immediate and credible flight risk that cannot reasonably be prevented by other means. b. An appropriate corrections official, or a law enforcement officer, as applicable, makes a determination that the prisoner poses an immediate and serious threat of harm to themselves or others that cannot reasonably be prevented by any other means. c. A health care professional responsible for the health and safety of the prisoner determines that the use of restraints is appropriate for the medical safety of the prisoner. (2) The use of restraints is to be recorded and reported, pursuant to subsection (c). (3) If restraints are used under subdivision (1), only the least restrictive restraints necessary to prevent the harm or risk of escape may be used. The least restrictive restraints necessary shall never be interpreted to include any of the following: a. Restraints around the ankles, legs, or waist of a prisoner. b. Restraining of a prisoner's hands behind his or her back. c. Four-point restraints. d. The attaching of a prisoner to another prisoner. (4) Notwithstanding subdivision (1), upon the request of a health care professional who is responsible for the health and safety of a prisoner, a corrections official or a law enforcement officer, as applicable, shall refrain from using restraints on the prisoner and shall remove any restraints in use on the prisoner. (c) If a corrections official or a law enforcement officer uses restraints on a prisoner under subsection (b), that official or officer, within 30 days of placing that prisoner in restraints, shall submit a written report to the commissioner, the Warden of Julia Tutwiler Prison in Wetumpka, and the health care professional responsible for the health and safety of the prisoner. That report shall include, at a minimum, all of the following: (1) A description of all facts and circumstances surrounding the use of restraints. (2) The reasoning upon which the determination to use restraints was made. (3) The details of the use of restraints, including the type of restraints used and length of time during which the restraints were used. (4) Any resulting physical effects on the prisoner observed by or known to the corrections official or the law enforcement officer who applied the restraints, as applicable. (d) Upon receipt of a report under subsection (c), the health care professional responsible for the health and safety of the prisoner may submit to the commissioner such information as the health care professional determines is relevant to the use of restraints on the prisoner. (e)(1) No later than one year after the effective date of this act, and annually thereafter, the commissioner and the Secretary of the Alabama State Law Enforcement Agency shall each submit to the Senate Judiciary Committee and the House Judiciary Committee a report that certifies compliance with this act and includes the information required to be reported under each subsection. (2) The report under this subsection shall not contain any personally identifiable information of any prisoner and shall adhere to standards set forth by the Health Insurance Portability and Accountability Act (HIPAA) within medical settings. (f) No later than 48 hours after the confirmation of a prisoner's pregnancy by a health care professional, that prisoner shall be notified by an appropriate health care professional, corrections official, or law enforcement officer, as applicable, of the restrictions on the use of restraints under this section. (g) The commissioner, in consultation with the Secretary of the Alabama State Law Enforcement Agency, shall establish a process through which a prisoner may report a violation of this section. (h) The commissioner, the Secretary of the Alabama State Law Enforcement Agency, and the Warden of Julia Tutwiler Prison in Wetumpka shall each develop training guidelines regarding the use of restraints on prisoners during the period of pregnancy, labor, and postpartum recovery, and shall incorporate those guidelines into appropriate training programs. The training guidelines shall include all of the following: (1) How to identify certain symptoms of pregnancy that require immediate referral to a health care professional, including preterm labor, preeclampsia, eclampsia, hemorrhage, and miscarriage. (2) Circumstances under which the exceptions under subsection (b) would apply. (3) In the case that an exception under subsection (b) applies, how to apply restraints in a way that does not harm the prisoner, the fetus, or the neonate. (4) The information required to be reported under subsection (c). (5) The right of a health care professional to request that restraints not be used, and the requirement under subdivision (c)(4) to comply with that request. (i) In developing the guidelines under subsection (h), the commissioner, the Secretary of the Alabama State Law Enforcement Agency, and the Warden of Julia Tutwiler Prison in Wetumpka shall each consult with health care professionals with expertise in caring for women during the period of pregnancy and postpartum recovery.

Section 3

This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.