2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 17 - County Correctional Institutions › Section 1758 - County recording system for pregnant and postpartum incarcerated individuals or detainees

§ 1758. County recording system for pregnant and postpartum incarcerated individuals or detainees.
(a) General rule.--
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) (Deleted by amendment).
(2) (Deleted by amendment).
(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.
(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:
"County Extraordinary Occurrence Monthly Report."
A collection of statistics and other information by the department on designated report forms or by other available approved methods for the collection of such incident information under this section and in accordance with written local policy providing for the collection of population information prescribed by 37 Pa. Code 95.242 (relating to Statistical/ informational reporting).
"Department."
The Department of Corrections of the Commonwealth.
(July 2, 2010, P.L.275, No.45, eff. 60 days; Dec. 14, 2023, P.L.396, No.47, eff. 180 days)
2023 Amendment.
Act 47 amended the heading and subsecs. (a) and (b).
2010 Amendment.
Act 45 added section 1758.