The Senate Corrections and Criminal Law Committee heard HB 1294 on restraint of pregnant inmates sponsored by Sen. Glick and Sen. Becker. The author, Rep. Fleming, introduced the bill which 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 all instances of use of restraints on a pregnant inmate.
The bill was amended by consent to add sexual misconduct with a service provider as a Level 4 felony to the definition of violent offense, consistent with other areas of the code. The amendment also provides that a person who commits: (1) sexual misconduct with a service provider; (2) child molesting; or (3) rape; shall be ordered to pay restitution to the victim for expenses related to pregnancy and childbirth if the pregnancy is a result of the offense.
The American College of Obstetricians and Gynecologists, Indiana State Medical Association, Indiana Public Defender Council, Indiana Muslim Advocacy Network, and a former inmate stood in support of the bill. The amended bill passed 8-0.
Read the bill at: http://iga.in.gov/legislative/2022/bills/house/1294