Pennsylvania § 5905.1 - Restrictive housing prohibited for pregnant or postpartum incarcerated individuals and detainees.

§ 5905.1. Restrictive housing prohibited for pregnant or postpartum incarcerated individuals and detainees.

(a) Restrictive housing prohibited.--Except as provided under subsection (c), a pregnant or postpartum incarcerated individual or detainee may not be involuntarily placed in restrictive housing in any correctional institution in this Commonwealth.

(b) Alternative discipline.--Forms of discipline for pregnant and postpartum incarcerated individuals or detainees shall be limited to sanctions, including restrictions on telephone usage or visitation or other common forms of alternative discipline used in the United States.

(c) Exceptions.--A pregnant or postpartum incarcerated individual or detainee may be placed in restrictive housing only as a temporary response to behavior that poses a serious and immediate risk of physical harm to the pregnant or postpartum incarcerated individual or detainee, another incarcerated individual or detainee, the unborn child of the pregnant incarcerated individual or detainee or staff. The following shall apply:

(1) The decision to place a pregnant or postpartum incarcerated individual or detainee in restrictive housing under this subsection must be approved by the chief administrator.

(2) The rationale for the decision under this subsection must be documented as required by section 1104 (relating to State recording system relating to pregnant and postpartum incarcerated individuals or detainees).

(3) No period of restrictive housing shall exceed seven days without additional approval and documented rationale, as required by section 1104, of the chief administrator. There shall be a minimum of 24 hours between each restrictive placement absent extraordinary circumstances.

(d) Bed assignments.--The correctional institution may not assign a pregnant incarcerated individual or detainee to any bed that is elevated more than three feet from the floor of the facility.

(e) Definition.--As used in this section, the term "postpartum" means 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.

(Dec. 14, 2023, P.L.396, No.47, eff. 180 days)

2023 Amendment. Act 47 added section 5905.1.

Cross References. Section 5905.1 is referred to in section 1758 of this title.