Sec. 3. (a) A correctional facility may restrain an inmate known to be pregnant if an individualized determination is made by the correctional facility that restraints are reasonably necessary for the legitimate safety and security needs of the pregnant inmate, staff, other inmates, or the public.

     (b) If restraints are determined to be necessary, the restraints must be the least restrictive available and the most reasonable under the circumstances. A correctional facility may do the following:

(1) Use the least restrictive restraints necessary on a pregnant inmate when the pregnant inmate is in the second or third trimester of pregnancy.

(2) Use no restraints on a pregnant inmate:

(A) who is in labor;

(B) delivering a baby;

(C) during the immediate postdelivery period; or

(D) dealing with a medical emergency related to the pregnancy.

     (c) A correctional facility may use the least restrictive restraints necessary on a pregnant inmate described in subsection (b)(1) if the correctional facility has actual or constructive knowledge that the pregnant inmate is in the second or third trimester of pregnancy.

     (d) A correctional facility may only use the least restrictive restraints necessary on a pregnant inmate described in subsection (b)(2) if:

(1) the pregnant inmate presents an immediate danger to the pregnant inmate or to others; or

(2) the pregnant inmate is a substantial flight risk and cannot be contained by any other reasonable means.

     (e) A correctional facility may restrain a pregnant inmate while the inmate is being transported if the restraints are applied in such a way that the pregnant inmate may be able to protect the inmate and the inmate’s fetus in the event of a forward fall.

As added by P.L.78-2022, SEC.5.