Oklahoma § 57-4.2 - Restraints on pregnant inmates – Access to certain persons

§ 57-4.2. Restraints on pregnant inmates – Access to certain persons

during delivery.

A. All penal institutions, detention centers and county jails

shall use the least restrictive restraints necessary when the

facility has actual or constructive knowledge that an inmate is

pregnant. The presumption is that no restraints of any kind shall

be used, unless otherwise directed by the physician in charge:

1. When transporting an inmate who is in labor;

2. During any phase of labor;

3. While the inmate is delivering her baby; or

4. While the inmate is recuperating from the delivery of her

baby, unless there are compelling grounds to believe that the inmate

presents an immediate and serious threat of harm to herself, staff

or others or is a substantial flight risk and cannot be reasonably

contained by other means.

B. Prior to labor, if it is necessary to ensure the safety of

the inmate, staff or others, only the least restrictive restraints

necessary shall be used and in a way that mitigates adverse clinical

consequences. Consultation with medical staff is required prior to

application of restraints. Written approval from the warden of a

penal institution, director of a detention center or sheriff of a

county jail is required, unless there are compelling grounds to

believe that the inmate presents an immediate and serious threat of

harm to herself, staff or others or is a substantial flight risk and

cannot be reasonably contained by other means. Correctional

officers shall be available and shall be required to remove

restraints upon request from medical personnel. The following

restraints and control techniques are prohibited:

1. Abdominal restraints;

2. Four-point restraints or placing the pregnant inmate in a

facedown position;

3. Leg and ankle restraints that may increase the risk of

forward falls; and

4. Any kind of chain restraints where the inmate is linked to

any other inmate.

In general, the least restrictive restraints necessary shall be

a frontal wrist restraint which, if used, must be applied in such a

way that the pregnant inmate is able to protect herself and the

fetus in the event of a forward fall.

Oklahoma Statutes - Title 57. Prisons and Reformatories

C. To maintain privacy, when appropriate, correctional officers

shall be positioned outside the room of the inmate, unless requested

by the physician in charge.

D. Any female inmate confined in a penal institution, detention

center or county jail shall receive notice in writing in a language

and manner understandable to the inmate about the requirements of

this section upon admission to the penal institution, detention

center or county jail and again, when the inmate is known to be

pregnant. The warden, director or sheriff shall publish notice of

the requirements of this section in prominent locations where

medical care is provided to female inmates.

E. All penal institutions, detention centers and county jails

shall ensure that pregnant inmates have access to one of the

following during delivery:

1. A family member or a friend who has previously been approved

on the visitors list of the penal institution, detention center or

county jail;

2. A member of the clergy; or

3. A doula; provided, during delivery the doula services are

furnished by a certified doula without charge to the penal

institution, detention center or county jail. In such a case, the

inmate must make arrangements for the doula services and shall

notify the penal institution, detention center or county jail of

such request in advance.

F. It shall be unlawful for any correctional officer or county

detention officer to use restraints on a pregnant inmate as

prohibited by the provisions of subsection A or B of this section

and upon conviction such correctional officer or county detention

officer shall be guilty of a misdemeanor punishable by imprisonment

in the county jail for not more than one (1) year, or by a fine of

One Thousand Dollars ($1,000.00), or by both such fine and

imprisonment.

G. As used in this section:

1. "Certified doula" means an individual who has received a

certification to perform doula services from a nationally recognized

childbirth education association; and

2. "Doula services" means continuous emotional and physical

support throughout labor and birth and intermittently during the

prenatal and postpartum periods.

Added by Laws 2018, c. 294, § 1, eff. Nov. 1, 2018.