Ohio § 2901.10

§ 2901.10.

(A) As used in this section: (1) “ Charged or convicted criminal offender ” means any woman to whom both of the following apply: (a) The woman is charged with a crime or, with respect to a crime, is being tried, has

been convicted of or pleaded guilty, or is serving a sentence. (b) The woman is, following arrest, transportation, and routine processing and booking,

in custody of any law enforcement, court, or corrections official. (2) “Health care professional” has the same meaning as in section 2108.61 of the Revised Code . (3) “ Law enforcement, court, or corrections official ” means any officer or employee of this state or a political subdivision of this state

who has custody or control of any woman who is a charged or convicted criminal offender. (4) “ Restrain ” means to use any shackles, handcuffs, or other similar appliance or device. (5) “ Unborn child ” means a member of the species homo sapiens who is carried in the womb of a woman

who is a charged or convicted criminal offender, during a period that begins with

fertilization and continues until live birth occurs. (6) “ Emergency circumstance ” means a sudden, urgent, unexpected incident or occurrence that requires an immediate

reaction and restraint of the charged or convicted criminal offender who is pregnant

for an emergency situation faced by a law enforcement, court, or corrections official. (B) Except as otherwise provided in division (C) of this section, beginning on the date

on which a pregnancy is confirmed to law enforcement by a health care professional,

no law enforcement, court, or corrections official, with knowledge that the woman

is pregnant or was pregnant, shall knowingly restrain a woman who is a charged or

convicted criminal offender during any of the following periods of time: (1) If the woman is pregnant, at any time during her pregnancy; (2) If the woman is pregnant, during transport to a hospital, during labor, or during

delivery; (3) If the woman was pregnant, during any period of postpartum recovery up to six weeks

after the woman's pregnancy. (C) A law enforcement, court, or corrections official may restrain a woman who is a charged

or convicted criminal offender during a period of time specified in division (B) of

this section if the official determines that the woman presents a risk of physical

harm to herself, to the official, to other law enforcement or court personnel, or

to any other person, presents a risk of physical harm to property, presents a security

risk, or presents a substantial flight risk. (D) A law enforcement, court, or corrections official who restrains a woman who is a

charged or convicted criminal offender during a period of time specified in division

(B) of this section under authority of division (C) of this section shall not use

any waist restraint to restrain the woman. (E)(1) If a law enforcement, court, or corrections official restrains a woman who is a charged

or convicted criminal offender during a period of time specified in division (B) of

this section under authority of division (C) of this section, the official shall remove

the restraint if, at any time while the restraint is in use, a health care professional

who is treating the woman provides a notice to the official or to the official's employing

agency or court stating that the restraint poses a risk of physical harm to the woman

or to the woman's unborn child. (2) A law enforcement, court, or corrections official shall not restrain a woman who

is a charged or convicted criminal offender during a period of time specified in division

(B) of this section if, prior to the use of the restraint, a health care professional

who is treating the woman provides a notice to the official or to the official's employing

agency or court stating that any restraint of the woman during a period of time specified

in division (B) of this section poses a risk of physical harm to the woman or to the

woman's unborn child.  A notice provided as described in this division applies throughout all periods of

time specified in division (B) of this section that occur after the provision of the

notice.