2023 Pennsylvania Consolidated & Unconsolidated Statutes › Act 47 - PRISONS AND PAROLE CODE (61 PA.C.S.) - OMNIBUS AMENDMENTS

Session of 2023
No. 2023-47
HB 900
AN ACT
Amending Title 61 (Prisons and Parole) of the Pennsylvania Consolidated Statutes,
            in general administration, further providing for State recording system for application
            of restraints to pregnant prisoners or detainees; in county correctional institutions,
            further providing for county recording system for application of restraints to pregnant
            prisoners or detainees; providing for Department of Human Services facilities; and,
            in miscellaneous provisions, further providing for healthy birth for incarcerated
            women and providing for restrictive housing prohibited for pregnant or postpartum
            incarcerated individuals and detainees, for cavity search and inspection restrictions,
            for training and education requirement, for feminine hygiene and incontinence products
            and for postpartum recovery.
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
Section 1.  Sections 1104 and 1758 heading, (a) and (b) of Title 61 of the Pennsylvania Consolidated
            Statutes are amended to read:
§ 1104.  State recording system [for application of restraints]
relating
to pregnant [prisoners]
and postpartum
incarcerated individuals
or detainees.
(a)  General rule.--[A correctional institution as defined by section 5905(e) (relating
            to healthy birth for incarcerated women) shall report each restraint applied to a
            pregnant prisoner or detainee. The report must be in writing and must note the number
            of restraints. Individual, separate written findings for each restraint must accompany
            the report. This shall include reports from the following:]
A correctional
institution shall, in writing, report each restraint applied to
a pregnant, laboring or postpartum individual in the
correctional institution's custody, as well as any instance
where a pregnant, laboring or postpartum individual is placed in
restrictive housing. The report shall note the number and type
of restraints or, in the case of restrictive housing, the length
of time the individual was placed in restrictive housing. The
provisions of this subsection shall apply to any person tasked
with transporting or housing incarcerated individuals or
detainees.
Reports shall be made as follows:
(1)  A correctional institution that is not operated, supervised or licensed by the Department
            of [Public Welfare]
Human Services
pursuant to the act of June 13, 1967 (P.L.31, No.21), known as the [Public Welfare]
Human Services
Code, shall make the report to the secretary.
(2)  A correctional institution that is operated, supervised or licensed by the Department
            of [Public Welfare]
Human Services
pursuant to the [Public Welfare]
Human
Services
Code shall make the report to the Secretary of [Public Welfare]
Human Services
.
(b)  Contents of [written findings.--Written findings]
report.--Reports
of each restraint
or placement of a pregnant, laboring or postpartum individual in restrictive housing
as required under subsection (a) must include the following:
[(1)  the circumstances that led to the determination that the prisoner or detainee represented
            a substantial risk of imminent flight; or
(2)  the circumstances that led to the determination that other extraordinary medical or
            security circumstances dictated the prisoner or detainee be restrained to ensure the
            safety and security of the prisoner or detainee, the staff of the correctional institution
            or medical facility, other prisoners or detainees or the public.]
(2.1)  The circumstances that led to the determination that:
(i)  the pregnant, laboring or postpartum individual represented a substantial risk of
            imminent flight; or
(ii)  other extraordinary medical or security circumstances dictated that the pregnant,
            laboring or postpartum individual be restrained or placed in restrictive housing to
            ensure the safety and security of the pregnant, laboring or postpartum individual,
            the staff of the correctional institution or medical facility, other incarcerated
            individuals or detainees or the public.
(3)  The date and time restraints were applied or the restrictive housing placement occurred
            and the length of time the pregnant, laboring or postpartum individual was kept in
            restraints or restrictive housing.
(4)  The badge number or identification number of the following:
(i)  The custodian or staff member who applied the restraints or placed the individual
            into restrictive housing.
(ii)  Any superior officers approving or advising the application of restraints or placement
            in restrictive housing.
(5)  The number and type of restraints used or the location and description of the restrictive
            housing.
(6)  Any visible injury of the pregnant, laboring or postpartum individual resulting from
            placement in the restraints that is documented by the correctional institution.
(c)  Staff presence during labor.--Other than licensed medical professionals, only female
            staff shall be present in the room during the examination, labor or delivery of the
            pregnant incarcerated individual. If male staff, other than licensed medical professionals,
            remain present during the examination, labor or delivery of the pregnant incarcerated
            individual, that information and the reasons for the presence shall be reported to
            the department or the Department of Human Services, as applicable.
(d)  Availability of reports.--The nonidentifying data contained in the written reports
            submitted to the department or  the Department of Human Services shall be posted on the department's or the Department
            of Human Services' publicly accessible Internet website annually. No identifying information,
            such as names or dates of birth, shall be posted.
(e)  Failure to submit report.--If a correctional institution fails to submit a report
            under this section within 30 days after the end of the fiscal year, the department
            or the Department of Human Services, as applicable, shall obtain a certification,
            to be created by the department or the Department of Human Services, as applicable,
            from the correctional institution verifying that the correctional institution had
            zero instances of use of restraints, placement in restrictive housing or male staff
            presence, other than licensed medical professionals, during medical examinations or
            appointments of pregnant incarcerated individuals under the provisions of this section.
(f)  Definitions.--As used in this section, the following words and phrases shall have
            the meanings given to them in this subsection unless the context clearly indicates
            otherwise:
"Correctional institution."  As defined in section 5905(e)(relating to healthy birth for incarcerated women).
"Postpartum."  The eight-week period, or longer as determined by the health care professional responsible
            for the health and safety of the incarcerated individual or detainee, following childbirth.
"Restraints."  Any physical or mechanical device used to restrict or control the movement of an incarcerated
            individual's body, limbs or both.
"Restrictive housing."  Placement in an area or group of cells designated to house individuals assigned to
            disciplinary or administrative custody in which out-of-cell time is limited to less
            than two hours per day.
"Staff."  An individual who is employed or contracted by a correctional institution, the department
            or the Department of Human Services.
§ 1758.  County recording system for [application of restraints to pregnant prisoners]
pregnant and postpartum
incarcerated individuals
or detainees.
(a)  General rule.--[The application of restraints to a pregnant prisoner or detainee occurring
            pursuant to section 5905 (relating to healthy birth for incarcerated women) shall
            constitute an incident that qualifies as an extraordinary occurrence that must be
            reported to the department in the County Extraordinary Occurrence Monthly Report.]
Each of the following
shall constitute an incident that qualifies as an extraordinary
occurrence that must be reported to the department in the County
Extraordinary Occurrence Monthly Report in accordance with
sections 5905 (relating to healthy birth for incarcerated women)
and 5905.1 (relating to restrictive housing prohibited for
pregnant or postpartum incarcerated individuals and detainees):
(1)  The application of restraints or placement in restrictive housing for a pregnant or
            postpartum incarcerated individual or detainee.
(2)  An invasive body cavity search of a pregnant or postpartum incarcerated individual
            or detainee or inspection of a female incarcerated individual or detainee in a state
            of undress.
(3)  The presence of male staff during labor or delivery of the pregnant incarcerated individual
            or detainee.
(b)  Information to be included in County Extraordinary Occurrence Monthly Report.--
[(1)  Any and all incidents where the application of restraints to a pregnant prisoner or
            detainee pursuant to section 5905 occurred must be included in the County Extraordinary
            Occurrence Monthly Report that is submitted to the department. An indication of the
            incidents must be noted on the designated report form or other available approved
            method, if applicable, and individual, separate written findings must accompany the
            form for each incident that occurred.
(2)  Written findings of each incident as required under paragraph (1) must include the
            following:
(i)  the circumstances that led to the determination that the prisoner or detainee represented
            a substantial risk of imminent flight; or
(ii)  the circumstances that led to the determination that other extraordinary medical or
            security circumstances dictated the prisoner or detainee be restrained to ensure the
            safety and security of the prisoner or detainee, the staff of the correctional institution
            or medical facility, other prisoners or detainees or the public.]
(3)  The report for application of restraints or placement in restrictive housing for a
            pregnant or postpartum incarcerated individual or detainee shall require the following
            information:
(i)  The circumstances that led to the determination that:
(A)  the incarcerated individual or detainee represented a substantial risk of imminent
            flight; or
(B)  other extraordinary medical or security circumstances dictated that the incarcerated
            individual or detainee be restrained or placed in restrictive housing to ensure the
            safety and security of the incarcerated individual or detainee, the staff of the correctional
            institution or medical facility, other incarcerated individuals or detainees or the
            public.
(ii)  The date and time restraints were applied or the restrictive housing placement occurred
            and the length of time the incarcerated individual or detainee was kept in restraints
            or restrictive housing.
(iii)  The badge number or identification number of the following:
(A)  The custodian or staff member who applied the restraints or placed the individual
            into restrictive housing.
(B)  Any superior officers approving or advising the application of restraints or placement
            in restrictive housing.
(iv)  The number and type of restraints used or the location and description of the restrictive
            housing.
(v)  Any visible injury of the incarcerated individual or detainee resulting from placement
            in the restraints that is documented by the correctional institution.
(4)  The report for an invasive body cavity search of a pregnant or postpartum incarcerated
            individual or detainee or inspection of a female incarcerated individual or detainee
            in a state of undress shall contain the following information:
(i)  The justification for performing a cavity search or male staff inspection of a female
            incarcerated individual or detainee in a state of undress.
(ii)  The identification of any contraband that was found on the incarcerated individual
            or detainee.
(5)  The report for the presence of male staff during labor or delivery of the pregnant
            incarcerated individual or detainee shall include the reasons for the presence of
            male staff.
(6)  The nonidentifying data contained in the written reports submitted to the department
            or the Department of Human Services shall be posted annually on the publicly accessible
            Internet website of the department or the Department of Human Services. No identifying
            information, such as names or dates of birth, shall be posted.
(7)  If a correctional institution fails to submit a report under this section within 30
            days after the end of the fiscal year, the department or the Department of Human Services,
            as applicable, shall obtain a certification, to be created by the department or the
            Department of Human Services, as applicable, from the correctional institution verifying
            that the institution had zero instances of use of restraints, placement in restrictive
            housing or male staff presence, other than licensed medical professionals, during
            medical examinations or appointments of pregnant incarcerated individuals under the
            provisions of this section.
* * *
Section 2.  Title 61 is amended by adding a chapter to read:
CHAPTER 57
DEPARTMENT OF HUMAN SERVICES FACILITIES
Sec.
5701.  Definitions.
5702.  Seclusion prohibited for pregnant or postpartum child.
5703.  Body cavity search and inspection restrictions.
5704.  Training and education requirement.
5705.  (Reserved).
5706.  Menstrual hygiene and incontinence products.
5707.  Postpartum recovery.
5708.  Reports relating to pregnant or postpartum child.
§ 5701.  Definitions.
The following words and phrases when used in this chapter shall have the meanings
            given to them in this section unless the context clearly indicates otherwise:
"Body cavity search."  An invasive search of a child conducted by staff in search of contraband, excluding
            the nose, ears and mouth.
"Child."  As follows:
(1)  An individual who resides in an entity licensed or operated by the department and
            meets one of the following conditions:
(i)  Is under 18 years of age.
(ii)  Is under 21 years of age and committed an act of delinquency before reaching 18 years
            of age and remains under the jurisdiction of the juvenile court.
(iii)  Was adjudicated dependent before reaching 18 years of age and while engaged in instruction
            or treatment, requests the court to retain jurisdiction until the instruction or treatment
            is completed, but a child may not remain in a course of instruction or treatment past
            21 years of age.
(iv)  Has an intellectual disability, a mental illness or a serious emotional disturbance,
            with a transfer plan to move to an adult setting by 21 years of age.
(2)  The term does not include a child in foster care as provided in 42 U.S.C. Ch. 7 Subch.
            IV (relating to grants to states for aid and services to needy families with children
            and for child-welfare services).
"Department."  The Department of Human Services of the Commonwealth.
"Facility."  Except as exempted by regulation, a premise or part of a premise serving children
            who are adjudicated either dependent or delinquent and meeting one of the following
            conditions:
(1)  Operated for a portion of a 24-hour day in which alternative education, intervention
            or support programs are provided to one or more children to prevent a child's placement
            in a more restrictive setting or to facilitate the child's reunification with the
            child's family.
(2)  Operated in a 24-hour living setting in which care is provided for one or more children
            who are not relatives of the facility operator.
"Health care professional."  An individual who is licensed, certified or otherwise authorized or permitted by the
            laws of this Commonwealth to administer health care in the ordinary course of business
            or in the practice of a profession.
"Menstrual hygiene products."  As follows:
(1)  Products relating to bodily functions that are used during menstruation.
(2)  The term includes tampons and sanitary pads.
"Postpartum."  An eight-week period or a longer period as determined by the health care professional
            responsible for the health and safety of the child following childbirth.
"Restraints."  Any physical or mechanical device used to restrict or control the movement of a child's
            body or limbs or both.
"Seclusion."  As follows:
(1)  The removal of a resident from the resident's immediate environment and restricting
            the resident alone in a room or area.
(2)  The term does not include an occasion when:
(i)  An employee of a facility remains in the seclusion area with the resident.
(ii)  A resident is voluntarily restricted to an area or room.
(iii)  All residents are required to be in their rooms or another room or area as part of
            the program schedule.
"Staff."  An individual who is employed by a facility.
"State of undress."  A state where a child is partially or fully naked, either in the shower, toilet areas,
            a medical examination room or while a body cavity search is being conducted.
"Substantial risk of imminent flight."  A showing of real and considerable risk of escaping by a child from a facility.
"Trauma-informed care."  A strengths-based approach to service delivery and organizational structure that:
(1)  Realizes the widespread impact of trauma, including historical trauma.
(2)  Understands potential paths to recovery.
(3)  Recognizes the signs and symptoms of trauma in a child, parent, legal guardian, staff
            or another involved in the system.
(4)  Responds by fully integrating knowledge about trauma into policies, procedures, practices
            and relationships.
(5)  Seeks to actively prevent retraumatization.
§ 5702.  Seclusion prohibited for pregnant or postpartum child.
(a)  General rule.--Except as provided under subsection (c), a pregnant or postpartum child
            may not be involuntarily placed in seclusion in any facility in this Commonwealth.
(b)  Alternative discipline.--Forms of discipline for a pregnant or postpartum child shall
            be limited to sanctions, including restrictions on telephone usage or visitation or
            other common forms of alternative discipline used in the United States.
(c)  Exceptions.--A pregnant or postpartum child may be placed in seclusion only as a temporary
            response to behavior that poses a serious and immediate risk of physical harm to the
            pregnant or postpartum child, another child, the unborn child of the pregnant child
            or staff. The following apply:
(1)  The decision to place a pregnant or postpartum child in seclusion under this subsection
            must be approved by the individual in charge of the facility.
(2)  The rationale for the decision to use seclusion must be documented as required by
            section 5708 (relating to reports relating to pregnant or postpartum child).
(3)  No period of seclusion in excess of seven days may be approved.
(d)  Bed assignments.--The facility may not assign a pregnant child to any bed that is
            elevated more than three feet from the floor of the facility.
§ 5703.  Body cavity search and inspection restrictions.
(a)  Body cavity search and inspection restrictions.--To the greatest extent possible:
(1)  Only a health care professional shall conduct an invasive body cavity search of a
            pregnant child.
(2)  If a search is required, staff shall accommodate the child's stated preference regarding
            the gender of the staff to be present in the room during the search except in cases
            of exigent circumstances as determined by the facility director or designee.
(b)  Documentation requirement.--If a health care professional is required to perform an
            invasive body cavity search on a pregnant child, or the child's stated preference
            regarding the gender of the staff present in the room during a search while the child
            is in a state of undress is not met, staff shall submit a written report to the individual
            in charge of the facility within 72 hours following the body cavity search or inspection.
            The report under this subsection shall:
(1)  Include the justification for performing the body cavity search or failing to honor
            the child's stated preference regarding the gender of the staff performing the inspection.
(2)  Note if any contraband was found on the child.
(3)  Be sent to the department.
§ 5704.  Training and education requirement.
(a)  Facility staff training.--The facility shall provide or arrange a training program
            for staff who have contact with a pregnant, laboring or postpartum child. The training
            program shall be related to the physical and mental health of the pregnant or postpartum
            child and unborn baby, including:
(1)  The general care of a pregnant child.
(2)  The impact of restraints on a pregnant child and unborn baby.
(3)  The impact of being placed in seclusion on a pregnant child.
(4)  The impact of invasive searches on a pregnant child.
(5)  Any other pertinent information the department finds appropriate or necessary.
(b)  Facility staff training exceptions.--If the facility prohibits the placement of a
            pregnant child as a matter of policy, the facility may submit a written exemption
            reporting that there is no risk of staff interacting with a pregnant child housed
            in the facility. The following apply:
(1)  The exemption under this subsection shall apply only to the facility, not the individual
            staff of the facility.
(2)  All facility staff that come in contact with a pregnant child shall complete the training
            under this section.
(3)  If facility staff work at more than one institution, the staff must receive the required
            training at the nonexempt facility.
(c)  Education programming for a pregnant child.--The facility shall develop and provide
            educational programming for a pregnant or postpartum child. The educational programming
            shall be related to:
(1)  Medical screenings related to reproductive and overall health, including preventive
            screenings.
(2)  Prenatal care.
(3)  Pregnancy-specific hygiene.
(4)  The impact of alcohol and drugs on the unborn baby.
(5)  General health of the unborn baby.
(6)  Any other pertinent information the department finds appropriate or necessary.
(d)  Trauma-informed care.--
(1)  The individual in charge of a facility shall, as necessary, ensure that the facility
            provides quality trauma-informed care to a child.
(2)  Trauma-informed care for a child shall begin immediately upon the child's intake and
            assessment at a facility.
(3)  Facility staff shall have no fewer than four hours of professional training related
            to trauma-informed care, which shall include the following:
(i)  Training to identify a child with trauma.
(ii)  Training on how and when to refer a child to the proper health care professionals,
            including preventive health care and mental health care.
(iii)  Training on how to interact with and empower a child who has experienced trauma.
§ 5705.  (Reserved).
§ 5706.  Menstrual hygiene and incontinence products.
(a)  Issuance of menstrual hygiene products.--
(1)  A facility shall supply menstrual hygiene products each month to a child who is menstruating
            at no cost to the child regardless of financial means.
(2)  A child may not be required to show proof of need or to undergo a medical examination
            or obtain a medical permit, authorization or diagnosis to receive the products under
            subsections (b) and (c).
(b)  Menstrual hygiene products provided.--A choice of at least two sizes or absorbencies
            of sanitary pads and tampons shall be available to a child who is menstruating in
            a facility or if requested from medical staff.
(c)  Issuance of hygiene products related to bladder control and incontinence.--A supply
            of products for bladder control and incontinence, including adult diapers and protective
            undergarments, shall be provided to a child, including a postpartum child, who requires
            the products each month at no cost to the child, regardless of financial means.
§ 5707.  Postpartum recovery.
(a)  Restraints during postpartum recovery.--No restraints shall be used on any child who
            has given birth within the last 30 days and is in postpartum recovery, unless the
            department  has a reasonable belief that the child will harm the child, the child's newborn or
            another individual or pose a substantial risk of imminent flight. If restraints are
            used, the staff ordering the use of restraints on a child while in postpartum recovery
            shall submit a written report to the individual in charge of the facility within 72
            hours following the use of the restraints, containing the justification for restraining
            the child during postpartum recovery. The report shall also be sent to the department.
(b)  Postdelivery bonding period.--Subject to hospital policy, following the delivery of
            a newborn, the department shall permit the newborn to remain with the child at the
            hospital for 72 hours unless a health care professional has a reasonable belief that
            the newborn remaining with the child poses a health or safety risk to the newborn.
(c)  Nutritional and hygiene products.--During the 72-hour period under subsection (b),
            the department shall make available the necessary nutritional and hygiene products
            to care for the newborn.
§ 5708.  Reports relating to pregnant or postpartum child.
(a)  Requirement.--A facility shall, in writing, report to the department on each restraint
            applied to a pregnant, laboring or postpartum child in the facility's custody. The
            following apply:
(1)  The report shall note the number and type of restraints.
(2)  The provisions of this subsection shall apply to any person tasked with transporting
            or housing a pregnant or postpartum child.
(b)  Contents of report.--Reports of each restraint or placement of a child as required
            under subsection (a) must include the following:
(1)  The circumstances that led to the determination that the child represented a substantial
            risk of imminent flight.
(2)  The circumstances that led to the determination that other extraordinary medical or
            security circumstances dictated that the child be restrained to ensure the safety
            and security of the child, the staff of the facility or medical facility, another
            child or the public.
(3)  The date and time restraints were applied and the length of time the child was kept
            in restraints.
(4)  The number and type of restraints used.
(5)  Any physical effects on the child or the unborn baby of a child resulting from placement
            in the restraints.
(c)  Staff presence during labor.--If staff presence is required, staff shall accommodate
            the child's stated preference regarding the gender of the staff to be present in the
            room during the examination, labor or delivery of the pregnant child, except in cases
            of exigent circumstances as determined by the facility director or designee.
(
d)  Availability of reports.--The nonidentifying data
contained in the reports submitted to the department shall be
posted on the department's publicly accessible Internet website
annually. No identifying information, such as names or dates of
birth, shall be posted.
Section 3.  Section 5905 of Title 61 is amended to read:
§ 5905.  Healthy birth for incarcerated women.
(a)  Duties of correctional institution.--Consistent with established policy and practice,
            it shall be the duty and responsibility of the correctional institution to provide
            adequate personnel to monitor the pregnant [prisoner]
incarcerated individual
or detainee during transport to and from the medical facility and during her stay at the medical facility.
(b)  Restraint of pregnant [prisoners]
incarcerated
individuals
and detainees.--
(1)  Unless provided in paragraph (2), a correctional institution shall not apply restraints
,
including
handcuffs,
to [a prisoner]
an incarcerated individual
or detainee known to be pregnant during any stage of labor[, any pregnancy-related
            medical distress, any period of delivery,]
or
any period of postpartum as defined in [subsection (e) or transport to a medical
            facility as a result of any of the preceding conditions or transport to a medical
            facility after the beginning of the second trimester of pregnancy.]
section 1104(f) (relating to State recording
system relating to pregnant and postpartum incarcerated
individuals or detainees).
(2)  Paragraph (1) shall not bar reasonable restraint provided the correctional institution
            staff assigned to the [prisoner]
incarcerated individual
or detainee makes an individualized determination that the [prisoner]
incarcerated
individual
or detainee presents a substantial risk of imminent flight or some other extraordinary medical or security circumstance dictates
            that the [prisoner]
incarcerated individual
or detainee be restrained to ensure the safety and security of the [prisoner]
incarcerated
individual
or detainee, the staff of the correctional institution or medical facility, other [prisoners]
incarcerated individuals
or detainees or the public. The assigned correctional institution staff shall report the incident to the correctional
            institution in a reasonable amount of time after the restraint occurs. [If the assigned
            correctional institution staff is not employed by the correctional institution, then
            the assigned correctional institution staff]
In the case of any use of restraints on a
pregnant or postpartum incarcerated individual by an
individual or entity that is not employed by the correctional
institution but is transporting the pregnant or postpartum
incarcerated individual on behalf of the correctional
institution, the individual or entity
shall report the restraint to the correctional institution in a reasonable amount of time after the
            incident occurs.
The reporting
requirement shall not apply to a law enforcement agency
unless the law enforcement agency is transporting pregnant or
postpartum incarcerated individuals on behalf of the
correctional institution.
(3)  If restraint is applied under paragraph (2), at no time shall the [prisoner]
incarcerated individual
or detainee be left unattended by a correctional institution staff with the ability to release
            the restraint should a release become medically necessary.
(4)  When a restraint is permitted under this section, a correctional institution shall
            use the least restrictive restraint necessary when the facility has actual or constructive
            knowledge that [a prisoner]
an incarcerated
individual
or detainee is in the second or third trimester of pregnancy.
(c)  Restraints.--The following shall apply to [a prisoner]
an incarcerated individual
or detainee who has been restrained under this subsection:
(1)  The correctional institution staff accompanying the [prisoner]
incarcerated individual
or detainee shall [immediately]
promptly
remove all restraints upon request of a doctor, nurse or other health care professional.
(2)  Leg or waist restraints shall not be used on any [prisoner]
incarcerated individual
or detainee who is in labor.
(3)  The type of restraint applied and the application of the restraint shall be done in
            the least restrictive manner possible.
[(d)  Annual report.--No later than August 1 of each year, the secretary and the Secretary
            of Public Welfare shall each submit to the Governor's Office a written report containing
            information regarding the use of restraints on any pregnant prisoner or detainee during
            the preceding fiscal year specifically identifying and enumerating the circumstances
            that led to the determination that the prisoner or detainee fell under the exception
            in subsection (b)(2). The secretary shall report on pregnant prisoners or detainees
            in the custody of correctional institutions operated, supervised or licensed by the
            department. The Secretary of Public Welfare shall report on pregnant prisoners or
            detainees in the custody of correctional institutions operated, supervised or licensed
            by the Department of Public Welfare pursuant to the act of June 13, 1967 (P.L.31,
            No.21), known as the Public Welfare Code. The reports shall not contain any identifying
            information of any prisoner or detainee. The reports shall be posted on the Governor's
            Internet website and shall be made available for public inspection at the offices
            of the department and the Department of Public Welfare, respectively.]
(e)  Definitions.--As used in this section, the following words and phrases shall have
            the meanings given to them in this subsection unless the context clearly indicates
            otherwise:
"Correctional institution."  Any entity under the authority of the state or any county or municipality that has
            the power to detain and restrain a person under the laws of this Commonwealth.
"Detainee."  Includes any person detained under the immigration laws of the United States at any
            correctional facility.
["Labor."  The period of time before a birth during which contractions are of sufficient frequency,
            intensity and duration to bring about effacement and progressive dilation of the cervix.
            The determination of when labor has commenced shall rest solely with the medical providers
            of the prisoner or detainee.
"Postpartum."  The period following delivery before a prisoner or detainee has been discharged from
            a medical facility.
"Prisoner."  Any person incarcerated or detained in any correctional institution who is accused
            of, convicted of, sentenced for or adjudicated delinquent for violations of criminal
            law or the terms and conditions of parole, probation, pretrial release or a diversionary
            program.]
"Incarcerated individual."  An individual incarcerated or detained in a correctional institution who is accused
            of, convicted of, sentenced for or adjudicated delinquent for violations of criminal
            law or the terms and conditions of parole, probation, pretrial release or a diversionary
            program.
"Restraint."  Any physical hold or mechanical device used to control the movement of [a prisoner's]
an incarcerated
individual's
or detainee's body [and]
or
limbs[, including, but not limited to, shackles, flex cuffs, soft restraints, hard
            metal handcuffs, a black box, Chubb cuffs, leg irons, belly chains, a security (tether)
            chain or a convex shield]
or both
.
Section 4.  Title 61 is amended by adding sections to read:
§ 5905.1.  Restrictive housing prohibited for pregnant or postpartum incarcerated individuals
            and detainees.
(a)  Restrictive housing prohibited.--Except as provided under subsection (c), a pregnant
            or postpartum incarcerated individual or detainee may not be involuntarily placed
            in restrictive housing in any correctional institution in this Commonwealth.
(b)  Alternative discipline.--Forms of discipline for pregnant and postpartum incarcerated
            individuals or detainees shall be limited to sanctions, including restrictions on
            telephone usage or visitation or other common forms of alternative discipline used
            in the United States.
(c)  Exceptions.--A pregnant or postpartum incarcerated individual or detainee may be placed
            in restrictive housing only as a temporary response to behavior that poses a serious
            and immediate risk of physical harm to the pregnant or postpartum incarcerated individual
            or detainee, another incarcerated individual or detainee, the unborn child of the
            pregnant incarcerated individual or detainee or staff. The following shall apply:
(1)  The decision to place a pregnant or postpartum incarcerated individual or detainee
            in restrictive housing under this subsection must be approved by the chief administrator.
(2)  The rationale for the decision under this subsection must be documented as required
            by section 1104 (relating to State recording system relating to pregnant and postpartum
            incarcerated individuals or detainees).
(3)  No period of restrictive housing shall exceed seven days without additional approval
            and documented rationale, as required by section 1104, of the chief administrator.
            There shall be a minimum of 24 hours between each restrictive placement absent extraordinary
            circumstances.
(d)  Bed assignments.--The correctional institution may not assign a pregnant incarcerated
            individual or detainee to any bed that is elevated more than three feet from the floor
            of the facility.
(e)  Definition.--As used in this section, the term "postpartum" means the eight-week period,
            or longer as determined by the health care professional responsible for the health
            and safety of the incarcerated individual or detainee, following childbirth.
§ 5908.  Cavity search and inspection restrictions.
(a)  Cavity search and inspection restrictions.--To the greatest extent possible:
(1)  No staff other than a licensed health care professional shall conduct an invasive
            body cavity search of a pregnant or postpartum incarcerated individual or detainee.
(2)  A correctional institution shall limit searches by male staff, other than medically
            licensed professional male staff, if a female incarcerated individual or detainee
            is in a state of undress.
(b)  Documentation requirement.--If staff is required to perform an invasive body cavity
            search on a pregnant or postpartum incarcerated individual or detainee, or male staff,
            other than medically licensed professional male staff, is required to conduct a search
            on a female incarcerated individual or detainee in a state of undress, a written report
            shall be submitted to the correctional institution within 72 hours following the cavity
            search or inspection. The report under this subsection shall:
(1)  include the justification for performing the cavity search or male staff inspection
            as required in this subsection;
(2)  document and identify any contraband that was found on the incarcerated individual
            or detainee; and
(3)  be sent to the department or the Department of Human Services, as applicable.
(c)  Definitions.--As used in this section, the following words and phrases shall have
            the meanings given to them in this subsection unless the context clearly indicates
            otherwise:
"Body cavity search."  An invasive search of incarcerated individuals or detainees, conducted by staff in
            search of contraband, excluding the nose, ears and mouth.
"Staff."  An individual, including contracted staff, who is employed by a correctional institution,
            the department or the Department of Human Services, excluding any licensed medical
            professional.
"State of undress."  A state where an incarcerated or detained female is partially or fully naked, either
            in the shower, toilet areas, a medical examination room or while a body cavity search
            is being conducted.
§ 5909.  Training and education requirement.
(a)  Correctional institution staff training.--The department and the Department of Human
            Services shall jointly develop and provide correctional institutions with a training
            program for staff who have contact with a pregnant, laboring or postpartum incarcerated
            individual or detainee. The training program shall be related to the physical and
            mental health of the pregnant or postpartum incarcerated individual or detainee and
            unborn child, including:
(1)  The general care of a pregnant individual.
(2)  The impact of restraints on a pregnant individual and unborn child.
(3)  The impact of being placed in restrictive housing on a pregnant individual.
(4)  The impact of invasive searches on a pregnant individual.
(5)  Any other pertinent information the department or the Department of Human Services
            finds appropriate or necessary.
(b)  Correctional institution staff training exceptions.--If the correctional institution
            or county correctional institution prohibits the placement of pregnant individuals
            as a matter of policy, that institution may submit a written exemption reporting that
            there is no risk of staff interacting with pregnant individuals housed in the institution.
            The exemption under this subsection shall apply only to the correctional institution,
            not the individual staff of the institution. All correctional institution staff that
            come in contact with pregnant incarcerated individuals shall complete the training
            under this section. If correctional institution staff work at more than one institution,
            the staff must receive the required training at the nonexempt institution.
(c)  Education programming for pregnant incarcerated individuals.--The department and the
            Department of Human Services shall jointly develop and provide correctional institutions
            and county correctional institutions with educational programming for pregnant or
            postpartum incarcerated individuals or detainees. The educational programming shall
            be related to:
(1)  Medical screenings related to female reproductive and overall health, including preventive
            screenings.
(2)  Prenatal care.
(3)  Pregnancy-specific hygiene.
(4)  The impact of alcohol and drugs on the unborn child.
(5)  General health of the child.
(6)  Any other pertinent information the department or the Department of Human Services
            finds appropriate or necessary.
(d)  Trauma-informed care.--
(1)  The chief administrator shall, as the chief administrator deems necessary, ensure
            that the correctional institution provides to incarcerated individuals and detainees
            quality trauma-informed care.
(2)  Trauma-informed care for an individual shall begin immediately upon the individual's
            intake and assessment at a correctional institution.
(3)  Correctional staff shall receive professional training, approved by the Department
            of Human Services, relating to trauma-informed care, which shall include the following:
(i)  Training to identify individuals with trauma.
(ii)  Training on how and when to refer individuals to the proper health care professionals,
            including preventive health care and mental health care.
(iii)  Training on how to interact with and empower incarcerated individuals who have experienced
            trauma.
(e)  Definitions.--As used in this section, the following words and phrases shall have
            the meanings given to them in this subsection unless the context clearly indicates
            otherwise:
"Postpartum."  The eight-week period, or longer as determined by the health care professional responsible
            for the health and safety of the incarcerated individual or detainee, following childbirth.
"Trauma-informed care."  An organizational structure and treatment framework that involves recognizing, understanding
            and responding to the effects of trauma.
§ 5910.  Feminine hygiene and incontinence products.
(a)  Issuance of feminine hygiene products relating to menstruation.--A supply of feminine
            hygiene products shall be provided to all incarcerated individuals and detainees who
            are menstruating in a correctional institution each month at no cost to the incarcerated
            individuals and detainees, regardless of financial means. Incarcerated individuals
            and detainees shall not be required to show proof of need or to undergo a medical
            examination or obtain a medical permit, authorization or diagnosis to receive the
            products under subsection (b).
(b)  Feminine hygiene products provided.--A choice of at least two sizes or absorbencies
            of sanitary pads shall be distributed to all incarcerated individuals and detainees
            who are menstruating in a correctional institution or if requested from medical staff.
(c)  Feminine hygiene products to be requested.--A choice of at least two sizes of tampons
            shall be distributed to incarcerated individuals and detainees who request a tampon
            from medical staff.
(d)  Issuance of feminine hygiene products relating to bladder control and incontinence.--A
            supply of products for bladder control and incontinence shall be provided to incarcerated
            individuals and detainees, including geriatric incarcerated individuals and postpartum
            incarcerated individuals, who require such products each month at no cost to incarcerated
            individuals and detainees, regardless of financial means.
(e)  Bladder control and incontinence products distribution.--Adult diapers or protective
            undergarments shall be distributed to incarcerated individuals who require them.
(f)  Rules and regulations.--The correctional institution shall promulgate rules necessary
            to implement and enforce the provisions of this section.
(g)  Definition.--As used in this section, the term "feminine  hygiene products" means products that women use during menstruation. The term includes
            tampons and sanitary napkins.
§ 5911.  Postpartum recovery.
(a)  Restraints during postpartum recovery.--No restraints shall be used on any incarcerated
            individual or detainee who has given birth within the last 30 days and is in postpartum
            recovery, unless the department or the Department of Human Services, as applicable,
            has a reasonable belief that the incarcerated individual or detainee will harm themselves,
            their newborn or another individual or pose a substantial risk of imminent flight.
            If restraints are used, the facility employee ordering the use of restraints on an
            incarcerated individual or detainee while in postpartum recovery shall submit a written
            report to the chief administrator of the facility within 72 hours following the use
            of the restraints, containing the justification for restraining the incarcerated individual
            or detainee during postpartum recovery. The report shall also be sent to the department
            or the Department of Human Services, as applicable.
(b)  Postdelivery bonding period.--Following the delivery of a newborn and subject to hospital
            policies, including length of stay, the department or the Department of Human Services
            shall permit the child to remain with the mother at the hospital for up to 72 hours
            unless there is a reasonable belief that the child remaining with the mother presents
            a health or safety risk to the child.
(c)  Definitions.--As used in this section, the following words and phrases shall have
            the meanings given to them in this subsection unless the context clearly indicates
            otherwise:
"Postpartum."  The eight-week period, or longer as determined by the health care professional responsible
            for the health and safety of the incarcerated individual or detainee, following childbirth.
"Substantial risk of imminent flight."  A showing of real and considerable risk of escaping by the incarcerated individual.
Section 5.  This act shall take effect in 180 days.
APPROVED--The 14th day of December, A.D. 2023.
JOSH SHAPIRO