Indiana § 11-10-3.5-3 Use of restraints on a pregnant inmate

Indiana Statutes

§ 11-10-3.5-3 — Use of restraints on a pregnant inmate

Indiana § 11-10-3.5-3

Art. 10CORRECTIONAL SERVICES AND PROGRAMS

Ch. 3.5Pregnant Inmates

This text of Indiana § 11-10-3.5-3 (Use of restraints on a pregnant inmate) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 11-10-3.5-3 (2026).

Text

(a)A correctional facility may restrain an inmate known to be pregnant if an individualized determination is made by the correctional facility that restraints are reasonably necessary for the legitimate safety and security needs of the pregnant inmate, staff, other inmates, or the public.

(b)If restraints are determined to be necessary, the restraints must be the least restrictive available and the most reasonable under the circumstances. A correctional facility may do the following:

(1)Use the least restrictive restraints necessary on a pregnant inmate when the pregnant inmate is in the second or third trimester of pregnancy.

(2)Use no restraints on a pregnant inmate:

(A)who is in labor;

(B)delivering a baby;

(C)during the immediate postdelivery period; or

(D)dealing with a medica

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(a) A correctional facility may restrain an
inmate known to be pregnant if an individualized determination is
made by the correctional facility that restraints are reasonably
necessary for the legitimate safety and security needs of the pregnant
inmate, staff, other inmates, or the public.
(b) If restraints are determined to be necessary, the restraints must
be the least restrictive available and the most reasonable under the
circumstances. A correctional facility may do the following:
(1) Use the least restrictive restraints necessary on a pregnant
inmate when the pregnant inmate is in the second or third
trimester of pregnancy.
(2) Use no restraints on a pregnant inmate:
(A) who is in labor;
(B) delivering a baby;
(C) during the immediate postdelivery period; or
(D) dealing with a medical emergency related to the pregnancy.
(c) A correctional facility may use the least restrictive restraints
necessary on a pregnant inmate described in subsection (b)(1) if the
correctional facility has actual or constructive knowledge that the
pregnant inmate is in the second or third trimester of pregnancy.
(d) A correctional facility may only use the least restrictive
restraints necessary on a pregnant inmate described in subsection (b)(2)
if:
(1) the pregnant inmate presents an immediate danger to the
pregnant inmate or to others; or
(2) the pregnant inmate is a substantial flight risk and cannot be
contained by any other reasonable means.
(e) A correctional facility may restrain a pregnant inmate while the
inmate is being transported if the restraints are applied in such a way
that the pregnant inmate may be able to protect the inmate and the
inmate's fetus in the event of a forward fall.