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Legislative Update

Restraint of pregnant inmates; pregnancy from certain sex offenses

March 25, 2022 Filed Under: Criminal

H.E.A. 1294, P.L. 78

Effective: July 1, 2022

  • Provides that a correctional facility, including a jail, shall: (1) use the least restrictive restraints necessary on a pregnant inmate when the pregnant inmate is in the second or third trimester of pregnancy; or (2) use no restraints on a pregnant inmate who is in labor, delivering a baby, during the immediate postdelivery period, or dealing with a medical emergency related to the pregnancy, with certain exceptions. Repeals the current statute concerning prenatal and postnatal care and treatment and incorporates it into the new chapter concerning pregnant inmates.
  • Adds sexual misconduct with a service provider as a Level 4 felony to the definition of “violent offense”, and requires a person convicted of: (1) sexual misconduct with a service provider; (2) child molesting; and (3) rape; to pay restitution for pregnancy and childbirth expenses to the victim if the pregnancy is a result of the offense.

Read the bill at: http://iga.in.gov/legislative/2022/bills/house/1294

Filed Under: Criminal Tagged With: Department of Correction, new crime

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