§4322 Use of Restraints on Prisoners During the Period of Pregnancy, Labor, and Postpartum Recovery Prohibited

Summary

Pregnant prisoners in the custody of the Bureau of Prisons or held by the U.S. Marshals Service must not be put in restraints from the time a health professional confirms the pregnancy until the end of postpartum recovery. Restraints are allowed only if an official or marshal determines the person is an immediate, credible flight risk or an immediate, serious danger to herself or others that cannot be stopped by other means, or if a health professional says restraints are needed for medical safety. If used, officials must use the least restrictive option. Restraints may never be placed on the ankles, legs, or waist, never put with the hands cuffed behind the back, never be 4-point restraints, and never attach one prisoner to another. A health professional can ask that restraints not be used or be removed, and officials must comply. Officials must send a written report within 30 days to the agency director and the prisoner’s health professional explaining why restraints were used, what type and how long, and any physical effects. Agencies must report to Congress within 1 year of enactment and every year after, without including personal details. The prisoner must be told about these rules within 48 hours of pregnancy confirmation. A process must be set up for prisoners to report violations. Training guidelines must be made with health experts and cover pregnancy signs, when exceptions apply, safe restraint use, reporting, and the health professional’s right to stop restraints. Postpartum recovery — 12 weeks after delivery or longer if the health professional says so. Prisoner — a person serving a federal sentence or held by the Bureau of Prisons, including contracted facilities. Restraints — any physical or mechanical device that limits a person’s movement.