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Legislative Update

Restraint of pregnant inmates

January 21, 2022 Filed Under: Criminal

The House Courts and Criminal Code Committee heard HB 1294 on the restraint of pregnant inmates authored by Reps. Fleming and Ziemke. The bill amends Title 11 to establish the appropriate use of restraints on an inmate who is in labor, delivering a baby, recuperating from delivery, or experiencing a medical emergency related to the pregnancy and proper medical care of such inmates. The bill also requires the head of each correctional facility to receive training consistent with this bill, and requires the Department of Correction Commissioner to annually report to the Governor, Chief Justice, and the Legislative Council containing all instances of use of restraints on a pregnant inmate.  

Rep. Fleming introduced an amendment that was adopted by committee consent to clarify bill language. Lengthy testimony was heard in support of the bill, including from the ACLU of Indiana, the Indiana State Medical Association, and women who gave birth during incarceration. The amended bill passed 12-0.

Read the bill at: http://iga.in.gov/legislative/2022/bills/house/1249

Filed Under: Criminal Tagged With: Department of Correction

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