Mississippi Code 1972 (2023) › Title 47 - PRISONS AND PRISONERS; PROBATION AND PAROLE (§§ 47-1-1 — 47-7-101) › Chapter 5 - CORRECTIONAL SYSTEM (§§ 47-5-1 — 47-5-1517) › DIGNITY FOR INCARCERATED WOMEN ACT (§§ 47-5-1501 — 47-5-1517) › Section 47-5-1507 - Care for incarcerated women related to pregnancy and childbirth

(1)
Upon notification and/or diagnosis of an inmate's pregnancy, and for the duration of the pregnancy, and for thirty (30) days following the inmate's delivery, the Department of Corrections and/or a correctional facility employee shall not apply the following restraints on the pregnant inmate unless a correctional facility employee has a reasonable belief that the inmate will harm herself, the fetus, or any other person, or pose a substantial flight risk:
(a)
Leg restraints.
(b)
Handcuffs or other wrist restraints, except to restrain the inmate's wrists in front of her.
(c)
No restraints connected to other inmates.
(2)
No restraints shall be used on any pregnant inmate while in labor or during delivery unless a correctional facility employee has a reasonable belief that the inmate will harm herself, the fetus, or any other person, or pose a substantial flight risk. In such case, the correctional facility employee ordering use of restraints on any female inmate while in labor or during delivery shall submit a written report to the warden of the facility within seventy-two (72) hours following the use of restraints, containing the justification for restraining the female inmate during labor and delivery.
(3)
No facility employee of the Department of Corrections, other than a certified healthcare professional, shall conduct invasive body cavity searches of pregnant inmates unless the correctional facility employee has a reasonable belief that the female inmate is concealing contraband. In such case, the correctional facility employee shall submit a written report to the warden of the facility within seventy-two (72) hours following the invasive search, containing the justification for the invasive search and what contraband, if any was recovered.
(4)
The Department of Corrections shall ensure that pregnant inmates be provided sufficient food and dietary supplements as ordered by a physician, physician staff member, or a facility nutritionist to meet general accepted prenatal nutritional guidelines for pregnant women.
(5)
The Department of Corrections shall not place any pregnant inmate, or any female inmate who has given birth within the previous thirty (30) days, in restrictive housing unless a correctional facility employee has a reasonable belief that the inmate will harm herself, the fetus or any other person, or pose a substantial flight risk. In such case, the correctional facility employee authorizing the placement of the inmate in restrictive housing shall submit a written report to the warden of the facility within seventy-two (72) hours following the transfer, containing the justification for confining the female inmate in restrictive housing.
(6)
The Department of Corrections shall not assign any pregnant inmate to any bed that is elevated more than three (3) feet from the floor of the facility.
(7)
The warden of the facility shall compile a monthly summary of all written reports received pursuant to subsections (2), (3) and (5) of this section and under Section
47-5-1509(1)
. The warden shall submit the summary to the Commissioner of the Department of Corrections each month.
Added by Laws, 2021, ch. 440, HB 196,§ 4, eff. 7/1/2021.