§ 12-29-801 — Mother-newborn child bonding for inmates

(a) The Department of Corrections shall coordinate with healthcare providers or community-based providers, or both, to develop a custody and care plan that allows an inmate who has given birth to remain with her newborn child during the period authorized by this section. (b) Following the delivery of a newborn child by an inmate, the department shall permit the inmate to remain with her newborn child for at least seventy-two (72) hours unless: (1) A medical or behavioral health provider has a reasonable belief that remaining with the inmate poses a health or safety risk to the newborn child; or (2) Allowing the inmate to remain with her newborn child poses a substantial flight risk or substantial risk of physical injury to another person. (c) (1) The bonding period required under this section is subject to availability of adequate housing in hospitals or community-based housing. (2) A correctional facility is not required to house a newborn child with the inmate at the correctional facility.

Legislative History

Added by Act 2023, No. 659,§ 112, eff. 1/1/2024.