§ 53.1-133.07 — Treatment of prisoners known to be pregnant

Virginia § 53.1-133.07

• Jurisdiction: Virginia
• Title 53.1: Prisons and Other Methods of Correction
• Ch. 3: Local Correctional Facilities
• Art. 7.1: Treatment of Prisoners Known to Be Pregnant

Text

A. No restraints shall be used on any prisoner known to be pregnant, beginning upon notification or diagnosis by a health care provider about such pregnancy and for the duration of such prisoner's pregnancy, unless a deputy sheriff or jail officer makes an individualized determination that (i) such prisoner will harm herself, the fetus, or any other person; (ii) such prisoner poses a flight risk; or (iii) the totality of the circumstances creates a serious security risk. If such individualized determination is made that restraints are necessary, such restraints shall be the least restrictive possible.

B. No restraints shall be used on any prisoner known to be pregnant while such prisoner is in labor or during delivery unless a deputy sheriff or jail officer makes an individualized determination that (i) such prisoner will harm herself, the fetus, the newborn child, or any other person; (ii) such prisoner poses a flight risk; or (iii) the totality of the circumstances creates a serious security risk. If such individualized determination is made that restraints are necessary, the deputy sheriff or jail officer shall consult with the health care provider treating such prisoner to ensure that such restraints are the least restrictive possible. In such case, the deputy sheriff or jail officer ordering the use of restraints on any prisoner known to be pregnant while in labor or during delivery shall notify a supervisor as soon as reasonably practicable and shall submit a report indicating the reason for the use of such restraints and what type of restraints were used no later than the conclusion of such deputy sheriff's or jail officer's shift. The supervisor shall submit a written report to the sheriff in charge of the local correctional facility, or his designee, or the jail superintendent of the regional correctional facility, or his designee, within 72 hours following the use of restraints, containing the justification for restraining such prisoner. If restraints are used on a prisoner as authorized by subsection A or this subsection, such restraints shall be immediately removed upon the request of any doctor, nurse, or other health care provider treating such prisoner if the restraints present a threat to the life or health of the prisoner, the fetus, or the newborn child.

C. No employee of a local or regional correctional facility other than a licensed health care provider shall conduct a body cavity search of a prisoner known to be pregnant unless the employee has a reasonable belief that such prisoner is concealing contraband. If an employee conducts such body cavity search of a pregnant prisoner, the employee shall submit a written report to the sheriff or jail superintendent in charge of such correctional facility within 72 hours of such body cavity search and shall include in such report the justification for such body cavity search and what contraband was found, if any.

D. The sheriff or jail superintendent of a local or regional correctional facility shall ensure that prisoners known to be pregnant are provided sufficient food and dietary supplements that meet generally accepted prenatal nutritional guidelines for pregnant people as ordered by a licensed health care provider or such health care provider's staff.

E. A prisoner known to be pregnant shall be assigned to the lowest bed available.

Legislative History

2025, c. 698.