Code of Maine Rules › 03 - DEPARTMENT OF CORRECTIONS › 201 - DEPARTMENT OF CORRECTIONS/GENERAL › Chapter 11 - POLICY AND PROCEDURE MANUAL - ADULT AND JUVENILE › Subsection 201-11-18.19.1 - USE OF MECHANICAL RESTRAINTS ON A PREGNANT PRISONER OR PREGNANT RESIDENT

Current through 2024-29, July 17, 2024
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
V.
ATTACHMENTS
None
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.