SENATE BILL 423

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Mary Jane M. Garcia

AN ACT

RELATING TO JUVENILE AND ADULT CORRECTIONS; PROHIBITING THE USE OF RESTRAINTS ON CERTAIN PREGNANT WOMEN; PROVIDING EXCEPTIONS; REQUIRING FEMALE PERSONNEL TO SUPERVISE PREGNANT WOMEN DURING TRANSPORTATION TO AND FROM AND DURING THEIR STAY AT A MEDICAL FACILITY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. RESTRAINTS ON PREGNANT PRISONERS--FEMALE SUPERVISION.--

          A. An adult or juvenile correctional facility, detention center or local jail shall not use handcuffs, waist shackles, leg irons or restraints of any kind at any time on an inmate who is in the second or third trimester of pregnancy, in labor, delivering her baby or recuperating from the delivery unless there are compelling grounds to believe that the inmate presents:

                (1) an immediate and serious threat of harm to herself, staff or others; or

                (2) a substantial flight risk and cannot be reasonably contained by other means.

          B. If an inmate who is in labor or who is delivering her baby is restrained, only the least restrictive restraints necessary to ensure safety and security shall be used.

          C. Only female correctional officers or personnel may supervise a pregnant inmate, or an inmate recuperating from delivery, during her transportation to and from a medical facility and during her stay at the medical facility.

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