Delaware Code Title 11 Sec. 6603 – Use of restraints on pregnant prisoners; other prohibitions
(a) (1) Except as provided in paragraphs (a)(2) and (3) of this section, a correctional institution may not use restraints on a pregnant prisoner who is in the second or third trimester of pregnancy, in labor, in delivery, or in the immediate postpartum period. Under no circumstances shall leg or waist restraints be used on any prisoner or detainee who is in labor or delivery. Where allowed, wrist restraints must be fastened in front of the body.
(2) If a corrections official makes an individualized determination that an extraordinary circumstance exists, restraints may be used for the limited period that such circumstance exists, subject to the limitations in paragraphs (a)(2)a., b., and c. of this section.
a. A licensed medical professional must be notified as soon as practicable upon the application of leg or waist restraints and shall examine the restrained prisoner within 10 minutes of the notification.
b. If a doctor, nurse, or other health professional treating the prisoner requests that restraints not be used, the corrections officer accompanying the prisoner shall immediately remove all restraints.
(3) Wrist restraints fastened in the front of the body may be used when a prisoner who is pregnant or in the immediate postpartum period is being transported outside of the facility for medical or other appointments. Absent extraordinary circumstances, no restraints may be used, including in transport, on a woman who is in labor, delivery, or being transported with a newborn.
Terms Used In Delaware Code Title 11 Sec. 6603
- Correctional institution: means any entity under the authority of any state, county, or municipal law-enforcement division that has the power to detain or restrain a person under the laws of the State. See Delaware Code Title 11 Sec. 6602
- Corrections official: means the official responsible for oversight of a correctional institution, or his or her designee. See Delaware Code Title 11 Sec. 6602
- Extraordinary circumstances: means an immediate and serious threat of harm to themselves, staff, or others, or a substantial flight risk that cannot reasonably be contained by any other means. See Delaware Code Title 11 Sec. 6602
- Immediate postpartum period: means the 13-week period following childbirth. See Delaware Code Title 11 Sec. 6602
- Labor: means the period of time before a birth during which contractions are of sufficient frequency, intensity, and duration to bring about effacement and progressive dilation of the cervix. See Delaware Code Title 11 Sec. 6602
- Prisoner: means any person incarcerated or detained in any facility who is accused of, convicted of, sentenced for, or adjudicated delinquent for, violations of a criminal law or the terms and conditions of parole, probation, pretrial release, or diversionary program. See Delaware Code Title 11 Sec. 6602
- Restraints: means any physical restraint or mechanical device used to control the movement of a prisoner's body and/or limbs, including, but not limited to, flex cuffs, soft restraints, hard metal handcuffs, a black box, Chubb cuffs, leg irons, belly chains, a security (tether) chain, or a convex shield. See Delaware Code Title 11 Sec. 6602
(b) If restraints are used on a prisoner pursuant to paragraph (a)(2) of this section:
(1) The type of restraint applied and the application of the restraint must be done in the least restrictive manner necessary.
(2) The corrections official shall make written findings within 10 days as to the extraordinary circumstances that dictated the use of the restraints. These findings shall be kept on file by the correctional institution for at least 5 years.
(c) A pregnant prisoner who is required to squat and cough must be provided with accommodations or supports to prevent the risk of falls.
(d) A pregnant prisoner may not be required to undergo a vaginal examination unless prescribed and performed by a licensed health-care professional.