2023 Maine Revised Statutes › TITLE 34-A: CORRECTIONS › Chapter 3: CORRECTIONAL FACILITIES › Subchapter 1: GENERAL PROVISIONS › Article 4: PREGNANT PRISONERS AND PREGNANT JUVENILES › 34-A §3102. Restraint of pregnant prisoners and pregnant juveniles

§3102. Restraint of pregnant prisoners and pregnant juveniles
1.  Restraints prohibited.
A correctional facility or a detention facility may not use restraints on a prisoner or juvenile known to be pregnant, including during transport to a medical facility or birthing center, labor, delivery and postpartum recovery, unless the chief administrative officer or the designee of the chief administrative officer makes a determination that the prisoner or juvenile presents an extraordinary circumstance as described in subsection 2.
[PL 2015, c. 315, §4 (NEW).]
2.  Exceptions.
Use of restraints on a pregnant prisoner or a pregnant juvenile for an extraordinary circumstance is permitted only if the chief administrative officer or the designee of the chief administrative officer makes a determination that there is a substantial flight risk or other extraordinary medical or security circumstance that requires restraints to be used to ensure the safety and security of the pregnant prisoner or pregnant juvenile, the staff of the correctional facility, detention facility or medical facility, other prisoners or juveniles or the public, except that:
A. If a doctor, nurse or other health professional treating the prisoner or juvenile requests that restraints not be used, the corrections officer accompanying the prisoner or juvenile shall immediately remove all restraints; and   [PL 2015, c. 315, §4 (NEW).]
B. Notwithstanding this subsection, leg or waist restraints may not be used at any time, and restraints may not be used on a prisoner or juvenile in labor or childbirth.   [PL 2015, c. 315, §4 (NEW).]
[PL 2015, c. 315, §4 (NEW).]
3.  Procedures.
If restraints are used on a pregnant prisoner or pregnant juvenile pursuant to subsection 2:
A. The corrections officer must apply the least restrictive type of restraints in the least restrictive manner necessary; and   [PL 2015, c. 315, §4 (NEW).]
B. The chief administrative officer or the designee of the chief administrative officer shall make written findings within 10 days as to the extraordinary circumstance that required the use of the restraints. These findings must be kept on file by the correctional facility or detention facility for at least 5 years and must be made available for public inspection, except that individually identifying information of any prisoner or juvenile may not be made public under this paragraph without the prior written consent of the prisoner or juvenile.   [PL 2015, c. 315, §4 (NEW).]
[PL 2015, c. 315, §4 (NEW).]
4.  Privacy.
When a prisoner or juvenile is admitted to a medical facility or birthing center for labor or childbirth, a corrections officer may not be present in the room during labor or childbirth unless specifically requested by medical personnel. If a corrections officer's presence is requested by medical personnel, the corrections officer must be female if practicable.
[PL 2015, c. 315, §4 (NEW).]
SECTION HISTORY
PL 2015, c. 315, §4 (NEW).