Virginia § 53.1-40.13 - Treatment of prisoners during postpartum recovery
Full text of Virginia Code of Virginia § 53.1-40.13 — Treatment of prisoners during postpartum recovery, with citation guidance and answers to common questions.
§ 53.1-40.13. Treatment of prisoners during postpartum recovery
A. No restraints shall be used on any prisoner who is in postpartum recovery, unless an employee of the Department has a reasonable belief that the prisoner will harm herself, her newborn child, or any other person or poses a substantial flight risk. If there is a reasonable belief that the prisoner will harm herself, her newborn child, or any other person or poses a substantial flight risk and restraints are used, such restraints shall be the least restrictive possible. In such case, the employee ordering the use of restraints shall submit a written report to the warden or other official in charge of the state correctional facility within 72 hours following the use of restraints, containing justification for restraining the prisoner.
B. The Department shall not place any prisoner who has given birth in the past 30 days and is in postpartum recovery in restrictive housing or solitary confinement unless an employee of the Department has a reasonable belief that the inmate will harm herself, her newborn child, or any other person or poses a substantial flight risk. In such case, the employee authorizing the placement of the inmate in restrictive housing or solitary confinement shall submit a written report to the warden or other official in charge of the state correctional facility within 72 hours following the transfer, containing the justification for confining the prisoner in restrictive housing or solitary confinement.
C. Following the delivery of a newborn child by a prisoner, the Department shall permit the newborn child to remain with the mother for 72 hours unless a licensed medical or mental health care professional has a reasonable belief that the newborn child remaining with the mother poses a health or safety risk to the newborn child. During the 72 hours, the Department shall make available the necessary nutritional and hygiene products to care for the newborn child, including diapers, and the necessary postpartum recovery products for the mother. If the prisoner qualifies as indigent, such products shall be provided without cost.
2020, c. 526.
Source: official Virginia text · Last verified 2026-08-27
Frequently Asked Questions About Virginia § 53.1-40.13
What does Code of Virginia § 53.1-40.13 cover?
Section 53.1-40.13 ("Treatment of prisoners during postpartum recovery") is part of the Code of Virginia, the codified statutory law of Virginia. 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 Virginia § 53.1-40.13?
A common citation format is "Code of Virginia § 53.1-40.13" (Virginia). 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 Virginia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Virginia official source linked on this page or consult a licensed Virginia attorney.
How does Virginia § 53.1-40.13 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Virginia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Virginia.