HB253 Alabama 2021 Session

Summary

Primary Sponsor

Rolanda HollisRepresentative

Democrat

Session

Regular Session 2021

Title

Correction Dept., female inmates, prohibited practices regarding treatment of a pregnant female inmate or a female inmate who is in the immediate postpartum period

Summary

HB253 would protect pregnant inmates and those in the immediate postpartum period by restricting certain searches, examinations, restraints, solitary confinement, and transfer requirements.

What This Bill Does

If enacted, the bill sets rules to limit how pregnant and postpartum inmates are treated in custody. It bans forcing them to squat or cough during strip searches and prohibits vaginal examinations unless a licensed health professional performs them. It largely prohibits restraints on pregnant inmates during labor, delivery, or the postpartum period, with a narrow exception for front-handcuff use only when there is a compelling safety reason, and requires documentation if used. It also bars placing pregnant or postpartum inmates in solitary confinement, requires expeditious transfer to appropriate facilities, and allows medical restraints when medically necessary. The rules would apply to the Department of Corrections and local jails, with defined roles and responsibilities for transfer and care.

Who It Affects

• Pregnant inmates and inmates in the immediate postpartum period who are in custody, who gain protections from searches, exams, restraints, solitary confinement, and transfer procedures.
• Correctional staff, sheriffs, jails, and the Department of Corrections, who must follow the new rules, document certain actions, and facilitate transfers.

Key Provisions

• Defines 'immediate postpartum period' as six weeks after childbirth (unless extended by a physician).
• Pregnant inmates may not be required to squat or cough during strip searches conducted by a custodian.
• Pregnant inmates may not be required to undergo vaginal examinations unless performed by a licensed health care professional.
• Pregnant inmates in labor, delivery, or the immediate postpartum period may not be restrained with handcuffs, waist shackles, leg irons, or any restraints, unless under the narrow exception with compelling grounds (immediate threat or substantial flight risk).
• If wrist handcuffs are used under the exception, the circumstances and duration must be documented within two days and reviewed by the officer in charge for reporting purposes.
• Medical restraints may be used by licensed health care professionals to ensure medical safety.
• Pregnant or postpartum inmates may not be placed in solitary confinement, administrative segregation, or for medical observation in a solitary confinement setting (though they may be placed alone in a cell or hospital room).
• Pregnant inmates temporarily held in county jails pending transfer must be transferred as expeditiously as possible; efforts to facilitate transfer must be made by the Department of Corrections and the sheriff.
• Effective date: the first day of the third month after passage and approval.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Corrections Department