§ 209.376 — Care of offender who is pregnant: Limitations on use of restraints on offender who is in labor, delivering her baby or in the postpartum period; report

Nevada § 209.376

• Jurisdiction: Nevada
• Title 16: CORRECTIONAL INSTITUTIONS; AID TO VICTIMS OF
• Ch. 209: Department

Text

1. No restraints of any kind may be used on an offender who is in labor, delivering her baby or in the postpartum period, unless there are compelling reasons to believe that the offender presents:
(a) A serious and immediate threat of harm to herself, staff or others; or
(b) A substantial flight risk and cannot be reasonably confined by other means.
2. If an offender who is in labor, delivering her baby or in the postpartum period is restrained, only the least restrictive restraints which are necessary to ensure safety and security may be used.
3. A correctional staff member who orders the use of restraints on an offender who is pregnant or in the postpartum period shall submit a written report to the warden of the institution or manager of the facility. The report must:
(a) Describe the reasons for the use of the restraints on the offender; and
(b) Be submitted to the warden or manager within 5 hours after the use of the restraints.
4. As used in this section:
(a) “Postpartum period” means the period of time an offender is recuperating from delivering a baby, as determined by the physician of the offender, immediately following delivery and directly related to the birth, including the period an offender is in a hospital or infirmary after birth.
(b) “Restraints” means any physical restraint or mechanical device used to control the movement of the limbs of a person, including, without limitation, flex cuffs, soft restraints, hard metal handcuffs, a black box, Chubb cuffs, leg irons, belly chains, a security tether chain or a convex shield.

Legislative History

(Added to NRS by 2011, 307 ; A 2023, 2922 )