Section 14-6-19.1 Treatment of Female Inmates Who Are Pregnant or in Immediate Postpartum Period.

(a) For purposes of this section, the following terms have the following meanings: (1) CUSTODIAN. A warden, sheriff, jailer, deputy sheriff, police officer, or any other law enforcement officer. (2) HEALTH CARE PROFESSIONAL. A physician as defined in Section 34-24-50.1, a licensed practical nurse or a licensed professional nurse as defined in Section 34-21-1, an advanced practice nurse as defined in Section 34-21-81, or an assistant to physicians as defined in Section 34-24-290. (3) IMMEDIATE POSTPARTUM PERIOD. The six-week period following childbirth unless extended by a health care professional due to complications. (4) OFFICER IN CHARGE. The individual who is responsible for the supervision of a penal institution. (5) PENAL INSTITUTION. Any place of confinement for juvenile or adult individuals accused of, convicted of, or adjudicated for violating a law of this state or an ordinance of a political subdivision of this state. (6) PREGNANT WOMAN. A juvenile or adult female who is in the second or third trimester of pregnancy whose pregnancy has been verified by a pregnancy test as required by this section. (b) During the initial intake medical screening, a female inmate shall inform the person conducting the screening if she is pregnant or suspects that she may be pregnant. (c) If the female inmate informs the person conducting the screening that she suspects she may be pregnant, the female inmate shall be assessed for pregnancy by a urine pregnancy test within 72 hours of the initial medical intake screening, unless the female inmate refuses testing. (d) A pregnant woman shall not be required to squat and cough during a strip search performed by a custodian, unless the custodian has reason to suspect that the pregnant woman is hiding contraband. In the alternative, a pregnant woman may be required to squat and cough during a strip search if the strip search is performed by a health care professional. (e) A pregnant woman shall not be required to undergo any vaginal examination unless performed by a health care professional. (f) Except as otherwise provided in this section, a custodian shall not use any leg or waist restraint in any of the following situations: (1) On any pregnant woman. (2) During labor or delivery. (3) During the immediate postpartum period. (g) A woman who is pregnant or in the immediate postpartum period may only be restrained using leg or wrist handcuffs with her wrists held in front of her body, and only if the custodian makes a determination that one of the following is true: (1) The woman poses an immediate flight risk and cannot be reasonably contained by other means. (2) The woman poses an immediate risk of harm to the unborn child, herself, staff, or others and cannot be reasonably contained by other means. (h) If a custodian uses leg or wrist handcuffs on a woman who is in the immediate postpartum period under an exception provided in subsection (g), the circumstances for and details of the exception shall be documented within two days of the incident. The information shall include the nature of the circumstances and the length of time of the use of restraints. The documentation shall be reviewed by the officer in charge and retained by the penal institution for reporting purposes. (i) Nothing in this section shall prohibit the use of medical restraints by a licensed health care professional to ensure the medical safety of a pregnant woman. (j) Nothing in this section shall prohibit the placement of a woman in a cell or hospital room by herself to ensure the medical safety of the unborn child, a pregnant woman, or a woman in the immediate postpartum period. (k) If a custodian places a woman in a cell or hospital room by herself under the exception provided in subsection (j), the circumstances for and details of the exception shall be documented within two days of the incident. The information shall include the nature of the circumstances and the length of time of the solitary confinement. The documentation shall be reviewed by the officer in charge and retained by the penal system for reporting purposes. (l) A pregnant woman who is temporarily held in a county jail pending transfer to a state penal institution shall be transferred as expeditiously as possible. (m) The Department of Corrections and a sheriff overseeing a county jail in which a pregnant woman is incarcerated shall make all reasonable efforts to facilitate her transfer. This subsection does not apply to a pregnant woman who has been sentenced to a county jail.