§ 24-276.02 — Use of restraints by places of confinement.

District of Columbia § 24-276.02

• Jurisdiction: District of Columbia
• Title 24: Prisoners and Their Treatment.
• Ch. 2: Prisons and Prisoners.
• Subch. VIII-A: Limitations on the Use of Restraints on Certain Confined Women [Persons].

Text

(a) In any instance that restraints are used on a confined person who is known to be pregnant, the restraints used must be the least restrictive available and the most reasonable under the circumstances.

(b) In any instance that the restraints used on a confined person who is known to be pregnant require restraints more restrictive than the least restrictive available, the use of such restraints shall be subject to the reporting requirements of § 24-276.03 .

(c) Except as provided in subsection (d) of this section, no confined person who is in the third trimester of pregnancy or in postpartum recovery shall be put in restraints at any time, including during transport to a medical facility or while receiving treatment at a medical facility.

(1) The Administrator may authorize the use of restraints on a confined person in the third trimester of pregnancy or in postpartum recovery after making an individualized determination, at the time that the use of restraints is considered, that extraordinary circumstances apply and restraints are necessary to prevent the confined person from injuring themselves or others, including medical or correctional personnel.

(2) Notwithstanding the authorization by the Administrator under paragraph (1) of this subsection, if the doctor, nurse, or other health professional treating the confined person determines that the removal of the restraints is medically necessary to protect the health or safety of the confined person, or the baby, the restraints shall be removed immediately.

(e) The Administrator shall not authorize the use of restraints on a confined person who is in labor.

Legislative History

July 25, 2015, D.C. Law 20-280, § 202, 62 DCR 1495