Full text of Utah Utah Code § 64-13-46 — Pregnant inmates., with citation guidance and answers to common questions.
§ 64-13-46. Pregnant inmates.
Effective 5/6/2026 64-13-46.
Pregnant inmates.
(1)
As used in this section:
(a)
"Postpartum recovery" means the period of 12 weeks after the day on which a pregnant inmate gives birth.
(b)
"Restraints" means any physical restraint or mechanical device used to control the movement of an inmate's body or limbs, including flex cuffs, soft restraints, shackles, or a convex shield.
(c)
(i)
"Shackles" means metal restraints, including leg irons, belly chains, or a security or tether chain.
(ii)
"Shackles" does not include hard metal handcuffs.
(2)
The department shall ensure that each female inmate younger than 50 years old is offered, which the inmate may reject, a test for pregnancy upon admission, or within a reasonable time after admission, to a correctional facility.
(3)
Subject to Subsections (4) and (5), if the staff of a correctional facility knows or has reason to believe that an inmate is pregnant or is in postpartum recovery, the staff shall, when restraining the inmate at any time or location, use the least restrictive restraints necessary to ensure the safety and security of the inmate and others.
(4)
A correctional staff member may not use restraints on an inmate during the third trimester of pregnancy, labor, childbirth, or postpartum recovery unless a correctional staff member makes an individualized determination that there are compelling grounds to believe that the inmate presents:
(a)
an immediate and serious risk of harm to the inmate, the inmate's infant, medical staff, correctional staff, or the public; or
(b)
a substantial risk of escape that cannot reasonably be reduced by the use of other existing means.
(5)
Notwithstanding Subsection (4), under no circumstances may shackles, leg restraints, or waist restraints be used on an inmate during the third trimester of pregnancy, labor, childbirth, or postpartum recovery.
(6)
Correctional staff present during labor or childbirth shall:
(a)
be stationed in a location that offers the maximum privacy to the inmate, while taking into consideration safety and security concerns; and
(b)
be female, if practicable.
(7)
If a correctional staff member authorizes restraints under Subsection (3) or (4), the correctional staff member shall make a written record of the authorization and use of the restraints that includes:
(a)
an explanation of the grounds for the correctional staff member's authorization on the use of restraints;
shall be retained by the correctional facility for five years;
(b)
shall be available for public inspection with individually identifying information redacted; and
(c)
may not be considered a medical record under state or federal law.
(9)
For a minimum of 48 hours after an inmate has given birth, a correctional facility shall, if directed by the inmate's health care provider, allow the infant to remain with the inmate at the health care facility.
(10)
A correctional facility shall provide:
(a)
an inmate who is pregnant, or who has given birth within the past 12 weeks, access to a social worker to help the inmate:
(i)
arrange childcare;
(ii)
establish a reunification plan; and
(iii)
establish a substance abuse treatment plan, if needed; and
(b)
an inmate in postpartum recovery access to postpartum care during the entire period of postpartum recovery.
(11)
The department may not create or operate a nursery in a correctional facility to provide space for a female inmate and the inmate's child.
Section 64-13-46 ("Pregnant inmates.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 64-13-46?
A common citation format is "Utah Code § 64-13-46" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 64-13-46 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
