Pennsylvania § 1104 - State recording system relating to pregnant and postpartum incarcerated individuals or detainees.

§ 1104. State recording system relating to pregnant and postpartum incarcerated individuals or detainees.

(a) General rule.--A correctional institution shall, in writing, report each restraint applied to a pregnant, laboring or postpartum individual in the correctional institution's custody, as well as any instance where a pregnant, laboring or postpartum individual is placed in restrictive housing. The report shall note the number and type of restraints or, in the case of restrictive housing, the length of time the individual was placed in restrictive housing. The provisions of this subsection shall apply to any person tasked with transporting or housing incarcerated individuals or detainees. Reports shall be made as follows:

(1) A correctional institution shall make the report to the secretary.

(2) (Reserved).

(b) Contents of report.--Reports of each restraint or placement of a pregnant, laboring or postpartum individual in restrictive housing as required under subsection (a) must include the following:

(1) (Deleted by amendment).

(2) (Deleted by amendment).

(2.1) The circumstances that led to the determination that:

(i) the pregnant, laboring or postpartum individual represented a substantial risk of imminent flight; or

(ii) other extraordinary medical or security circumstances dictated that the pregnant, laboring or postpartum individual be restrained or placed in restrictive housing to ensure the safety and security of the pregnant, laboring or postpartum individual, the staff of the correctional institution or medical facility, other incarcerated individuals or detainees or the public.

(3) The date and time restraints were applied or the restrictive housing placement occurred and the length of time the pregnant, laboring or postpartum individual was kept in restraints or restrictive housing.

(4) The badge number or identification number of the following:

(i) The custodian or staff member who applied the restraints or placed the individual into restrictive housing.

(ii) Any superior officers approving or advising the application of restraints or placement in restrictive housing.

(5) The number and type of restraints used or the location and description of the restrictive housing.

(6) Any visible injury of the pregnant, laboring or postpartum individual resulting from placement in the restraints that is documented by the correctional institution.

(c) Staff presence during labor.--Other than licensed medical professionals, only female staff shall be present in the room during the examination, labor or delivery of the pregnant incarcerated individual. If male staff, other than licensed medical professionals, remain present during the examination, labor or delivery of the pregnant incarcerated individual, that information and the reasons for the presence shall be reported to the department.

(d) Availability of reports.--The nonidentifying data contained in the written reports submitted to the department shall be posted on the department's publicly accessible Internet website annually. No identifying information, such as names or dates of birth, shall be posted.

(e) Failure to submit report.--If a correctional institution fails to submit a report under this section within 30 days after the end of the fiscal year, the department shall obtain a certification, to be created by the department from the correctional institution verifying that the correctional institution had zero instances of use of restraints, placement in restrictive housing or male staff presence, other than licensed medical professionals, during medical examinations or appointments of pregnant incarcerated individuals under the provisions of this section.

(f) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

"Correctional institution." As defined in section 5905(e)(relating to healthy birth for incarcerated women).

"Postpartum." The eight-week period, or longer as determined by the health care professional responsible for the health and safety of the incarcerated individual or detainee, following childbirth.

"Restraints." Any physical or mechanical device used to restrict or control the movement of an incarcerated individual's body, limbs or both.

"Restrictive housing." Placement in an area or group of cells designated to house individuals assigned to disciplinary or administrative custody in which out-of-cell time is limited to less than two hours per day.

"Staff." An individual who is employed or contracted by a correctional institution or the department.

(July 2, 2010, P.L.275, No.45, eff. 60 days; Dec. 14, 2023, P.L.396, No.47, eff. 180 days; Oct. 29, 2024, P.L.1037, No.114, eff. imd.)

2024 Amendment. Act 114 amended subsecs. (a), (c), (d), (e) and (f). Section 8 of Act 114 provided that, with the exception of the amendment or addition of 61 Pa.C.S. § 1731(a)(2.1) and (b), Act 114 shall apply retroactively to June 11, 2024.

Cross References. Section 1104 is referred to in sections 5905, 5905.1 of this title.