Oklahoma HB 3393: Prisons and reformatories; directing penal institutions, detention centers and jails to use least restrictive restraints on pregnant inmates; codification; effective date.

Bill Text

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STATE OF OKLAHOMA

2nd Session of the 56th Legislature (2018)

HOUSE BILL 3393 By: Goodwin

AS INTRODUCED

An Act relating to prisons and reformatories;
directing penal institutions, detention centers and
jails to use least restrictive restraints on pregnant
inmates; prohibiting use of restraints on inmates
during labor and delivery; providing an exception;
providing for publication of certain notice;
directing penal institutions, detention centers and
county jails to allow access to family member, friend
or doula services for pregnant inmates; making
certain acts unlawful; providing penalties; defining
terms; providing for codification; and providing an
effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4.2 of Title 57, unless there is
created a duplication in numbering, reads as follows:
A. All penal institutions, detention centers and county jails
shall use the least restrictive restraints necessary when the
facility has actual or constructive knowledge that an inmate is
pregnant. No restraints of any kind shall be used:
1. When transporting an inmate who is in labor;
2. While the inmate is delivering her baby; or

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3. While the inmate is recuperating from the delivery of her
baby, unless there are compelling grounds to believe that the inmate
presents an immediate and serious threat of harm to herself, staff
or others or is a substantial flight risk and cannot be reasonably
contained by other means.
B. Prior to labor, if it is necessary to ensure the safety of
the inmate or staff, only the least restrictive restraints necessary
shall be used and in a way that mitigates adverse clinical
consequences. Consultation with medical staff is required prior to
application of restraints. Approval from the warden of a penal
institution, director of a detention center or sheriff of a county
jail is required. Correctional officers shall be available and
shall be required to remove restraints upon request from medical
personnel. The following restraints and control techniques are
prohibited:
1. Abdominal restraints that directly constrict the area of
pregnancy;
2. Wrist restraints. If wrist restrains must be used, the
restraints shall be applied in such a way that the pregnant inmate
is able to protect herself and the fetus in the event of a forward
fall;
3. Four-point restraints or placing the pregnant inmate in a
facedown position;

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4. Leg and ankle restraints that may increase the risk of
forward falls; and
5. Chain restraints. If chain restrains must be used, the
chain restraint shall not be linked to any other inmate.
C. To maintain privacy, correctional officers shall be
positioned outside the room of the inmate, unless requested by the
inmate.
D. Any female inmate confined in a penal institution, detention
center or county jail shall receive notice in writing in a language
and manner understandable to the inmate about the requirements of
this section upon admission to the penal institution, detention
center or county jail and again, when the inmate is known to be
pregnant. The warden, director or sheriff shall publish notice of
the requirements of this section in prominent locations where
medical care is provided to female inmates.
E. All penal institutions, detention centers and county jails
shall ensure that pregnant inmates have access to a family member,
friend or doula services; provided, during delivery the doula
services are furnished by a certified doula without charge to the
penal institution, detention center or county jail or paid for by
the pregnant inmate.
F. It shall be unlawful for any correctional officer to use
restraints on a pregnant inmate while the inmate is delivering her
baby. Any person who violates the provisions of subsection B of

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this section shall, upon conviction, be guilty of a misdemeanor
punishable by imprisonment in the county jail for not more than one
(1) year, or by a fine of One Thousand Dollars ($1,000.00), or by
both such fine and imprisonment.
G. As used in this section:
1. "Certified doula" means an individual who has received a
certification to perform doula services from a nationally recognized
childbirth education association; and
2. "Doula services" means continuous emotional and physical
support throughout labor and birth and intermittently during the
prenatal and postpartum periods.
SECTION 2. This act shall become effective November 1, 2018.

56-2-8480 GRS 01/17/18