I.
AUTHORITY
The Commissioner of Corrections adopts this policy pursuant
to the authority contained in Title
34-A M.R.S.A.
Sections3101,
3102,
3103 and
3104.
II.
APPLICABILITY
All Department Facilities that house female prisoners or
female residents
III.
POLICY
It is the policy of the Department of Corrections not to use
restraints on a prisoner or resident known to be pregnant, except in an
extraordinary circumstance.
IV.
CONTENTS
Procedure A: Use of Mechanical Restraints, Notice to Female
Prisoners or Residents
Procedure B: Use of Mechanical Restraints during Movement,
Transport, or Other Situations, General
Procedure C: Use of Mechanical Restraints during Labor,
Delivery, and Postpartum Recovery
Procedure D: Documentation on Use of Restraints
VI.
PROCEDURES
Procedure A: Use of Mechanical Restraints, Notice to
Female Prisoners or Residents
1. The facility Chief Administrative Officer,
or designee, shall ensure that a copy of this policy is included in the
handbook provided to female prisoners or female residents.
2. The facility Chief Administrative Officer,
or designee, of a facility housing females shall also ensure that a female
prisoner or female resident is verbally informed of the inclusion of this
policy in the handbook during her initial orientation to the facility.
Procedure B: Use of Mechanical Restraints during
Movement, Transport, or other Situations, General
1. Mechanical restraints shall not be used on
a prisoner or resident known to be pregnant, unless the facility Chief
Administrative Officer, or designee, makes a determination that the pregnant
prisoner or pregnant resident is a substantial flight risk or there is another
extraordinary medical or security circumstance that requires restraints to be
used to ensure the safety and security of the pregnant prisoner or pregnant
resident, other prisoners or residents, the staff of the Department facility,
the staff of a hospital, or the public, if applicable.
2. Whenever possible, the determination that
there is an extraordinary circumstance requiring the use of mechanical
restraints on a pregnant prisoner or pregnant resident shall be made by the
Shift Supervisor or higher ranking facility staff prior to the initiation of
the movement, transport, or other situation, but may also be made by a security
supervisor during the movement, transport, or other situation, if the
extraordinary circumstance arises at that time.
3. If the prisoner or resident is to be
transported to a hospital, the Shift Supervisor and appropriate facility
healthcare staff shall contact appropriate hospital security and healthcare
staff to plan for any foreseen security circumstances as much in advance of the
prisoner's or resident's arrival as reasonably possible.
4. If, once at the hospital, a doctor, nurse
or other health professional treating the prisoner or resident requests that
restraints not be used, the security staff accompanying the prisoner or
resident shall immediately remove all restraints.
5. If the prisoner or resident is to be
transported to a hospital, court or anywhere else outside the facility, the
Chief Administrative Officer, or designee, shall determine whether a security
supervisor needs to be present during the transport.
6. If a security supervisor is present, that
supervisor may make the determination that there is an extraordinary
circumstance requiring the use of mechanical restraints if such a circumstance
arises during the transport. If a security supervisor is not present and such a
circumstance arises during the transport, the transporting security staff shall
contact a security supervisor at the facility for authorization to use
mechanical restraints.
7. If
mechanical restraints are used on a pregnant prisoner or pregnant resident, the
security staff shall apply the least restrictive type of restraints in the
least restrictive manner necessary. Leg and waist restraints may not be used at
any time.
Procedure C: Use of Mechanical Restraints during Labor,
Delivery, and Postpartum Recovery
1. In addition to the requirements of
Procedure B., when a prisoner or resident is admitted to a hospital for labor
or childbirth, the security staff may not be present in the room during labor
or childbirth unless specifically requested by hospital healthcare personnel.
If a security staff's presence is requested, the security staff shall be female
if practicable.
2. Mechanical
restraints may not be used on a prisoner or resident during labor or
childbirth.
3. Once the delivery or
the pregnancy otherwise ends, all post-delivery medical procedures, and
post-partum recovery have been completed, the prisoner or resident shall be
restrained consistent with Department policies applicable to prisoners or
residents who are not pregnant.
Procedure D: Documentation on Use of Restraints
1. If mechanical restraints
are used on a prisoner or resident known to be pregnant, in addition to any
other documentation required by Department policy, the staff who authorized the
use of the restraints shall document in a separate report the extraordinary
circumstance that required the use of restraints and the type of restraints
used and shall submit this report to the facility Chief Administrative Officer.
2. These separate reports shall be
maintained by the facility Chief Administrative Officer for five (5) years and
shall be made available for public inspection upon request, except that
individually identifying information of any prisoner or resident may not be
made public without the prior written consent of the prisoner or resident.
3. After the passage of five (5)
years, these separate reports shall be destroyed.
VII.
PROFESSIONAL STANDARDS
ACA
ACI - 4190-1 Added August 2008. Written policy, procedure,
and practice, in general, prohibit the use of restraints on female offenders
during active labor and the delivery of a child. Any deviation from the
prohibition requires approval by and guidance on methodology from the medical
authority and is based on documented serious security risks. The medical
authority provides guidance on the use of restraints on pregnant offenders
prior to active labor and delivery.
4-JCF-2A-18-1 Added August 2008. Written policy, procedure,
and practice, in general, prohibit the use of restraints on female residents
during active labor and the delivery of the child. Any deviation from the
prohibition requires approval by, and guidance on, methodology from the medical
authority and is based on documented serious security risks. The medical
authority provides guidance on the use of restraints on pregnant offenders
prior to active labor and delivery.
STATUTORY AUTHORITY:
34-A MRS
§§3101,
3102
,
3103,
3104
