§ 3-6-7 — Pregnant committed persons

(a) The Department shall not apply security restraints to a committed person that has been determined by a qualified medical professional to be pregnant or otherwise is known by the Department to be pregnant or in postpartum recovery, unless the correctional official makes an individualized determination that the committed person presents a substantial flight risk or some other extraordinary circumstance that dictates security restraints be used to ensure the safety and security of the committed person, the committed person's child or unborn child, the staff of the Department or medical facility, other committed persons, or the public. The protections set out in paragraphs (3) and (4) of this Section shall apply to security restraints used as provided in this subsection. The correctional officer employed by the Department shall immediately remove all restraints and approved electronic monitoring devices, as that term is defined in Section 5-8A-2 of the Unified Code of Corrections, upon the written or oral request of medical personnel. Oral requests made by medical personnel shall be verified in writing as promptly as reasonably possible. (1) Qualified authorized health staff shall have the authority to order therapeutic restraints for a pregnant or postpartum committed person who is a danger to the committed person, the committed person's child, unborn child, or other persons due to a psychiatric or medical disorder. Therapeutic restraints may only be initiated, monitored, and discontinued by qualified and authorized health staff and used to safely limit a committed person's mobility for psychiatric or medical reasons. No order for therapeutic restraints shall be written unless medical or mental health personnel, after personally observing and examining the committed person, are clinically satisfied that the use of therapeutic restraints is justified and permitted in accordance with hospital policies and applicable State law. Metal handcuffs or shackles are not considered therapeutic restraints. (2) Whenever therapeutic restraints are used by medical personnel, Section 2-108 of the Mental Health and Developmental Disabilities Code shall apply. (3) Leg irons, shackles or waist shackles shall not be used on any pregnant or postpartum committed person regardless of security classification. Except for therapeutic restraints under paragraph (2) of subsection (b), no restraints of any kind may be applied to committed persons during labor. (4) When a pregnant or postpartum committed person must be restrained, restraints used shall be the least restrictive restraints possible to ensure the safety and security of the committed person, the committed person's child, unborn child, the staff of the Department or medical facility, other committed persons, or the public, and in no case shall include leg irons, shackles, or waist shackles. (5) Upon the pregnant committed person's entry into a hospital room, and completion of initial room inspection, a correctional officer shall be posted immediately outside the hospital room unless requested to be in the room by medical personnel attending to the committed person's medical needs. (6) The Department shall provide adequate corrections personnel to monitor the pregnant committed person during the committed person's transport to and from the hospital and during the committed person's stay at the hospital. (7) Where the correctional institution or facility requires committed person safety assessments, a correctional official may enter the hospital room to conduct periodic committed person safety assessments, except during a medical examination or the delivery process. (b) No later than 30 days before the end of each fiscal year, the Department shall submit a written report to the Illinois General Assembly and the Office of the Governor that includes an account of every instance where a pregnant or postpartum committed person had restraints used pursuant to this Section during the previous fiscal year. The written report shall state the date, time, location, and rationale for each instance in which restraints are used. The written report shall include information provided to the Jail and Detention Standards Unit by each county department of corrections and county jail. The Department's written report shall also include information on county department of corrections and county jails that did not report as required. The written report shall not contain any individually identifying information of any committed person. The report shall be made available for public inspection. (c) No later than 30 days before the end of each fiscal year, the Department shall submit a written report to the Illinois General Assembly and the Office of the Governor that includes the number of pregnant committed persons in custody each year and the number of people who deliver or miscarry while in custody. The written report shall include information provided to the Jail and Detention Standards Unit by each county department of corrections and county jail. The Department's written report shall also include information on county department of corrections and county jails that did not report as required. The written report shall not contain any individually identifying information of a committed person. The written report shall be made available for public inspection.

Legislative History

(Source: P.A. 103-745, eff. 1-1-25 .)