§ 3407. — 3407. (Added by Stats. 2012, Ch. 726, Sec. 1.)

California § 3407.

• Jurisdiction: California
• Code PEN: Penal Code - PEN
• Title: 2.
• Part 3.: TITLE 2. IMPRISONMENT OF FEMALE PRISONERS IN STATE INSTITUTIONS
• Ch. 3.: CHAPTER 3. Prisoners

Text

(a)
An inmate known to be pregnant or in recovery after delivery shall not be restrained by the use of leg irons, waist chains, or handcuffs behind the body.
(b)
A pregnant inmate in labor, during delivery, or in recovery after delivery, shall not be restrained by the wrists, ankles, or both, unless deemed necessary for the safety and security of the inmate, the staff, or the public.
(c)
Restraints shall be removed when a professional who is currently responsible for the medical care of a pregnant inmate during a medical emergency, labor, delivery, or recovery after delivery determines that the removal of restraints is medically necessary.
(d)
This section shall not be interpreted to require restraints in a case where restraints are not required pursuant to a statute, regulation, or correctional facility policy.
(e)
Upon confirmation of an inmate’s pregnancy, she shall be advised, orally or in writing, of the standards and policies governing pregnant inmates, including, but not limited to, the provisions of this chapter, the relevant regulations, and the correctional facility policies.
(f)
For purposes of this section, “inmate” means an adult or juvenile who is incarcerated in a state or local correctional facility.

Legislative History

Added by Stats. 2012, Ch. 726, Sec. 1. (AB 2530) Effective January 1, 2013.