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Home » US Law » 2022 Code of Virginia » Title 53.1 - Prisons and Other Methods of Correction » Chapter 2 - State Correctional Facilities » Article 2.2. Treatment and Control of Prisoners Known to Be Pregnant

§ 53.1-40.11. Definitions

As used in this article, unless the context requires a different meaning: “Postpartum recovery” means the eight-week period, or longer as determined by the health care professional responsible for the health and safety of the prisoner, following childbirth. “Restraints” means any mechanical device, medication, physical intervention, or hands-on hold to prevent an individual from moving […]

§ 53.1-40.12. Treatment of prisoners known to be pregnant

A. The following restraints shall not be used on any prisoner known to be pregnant upon notification or diagnosis of the pregnancy and for the duration of the pregnancy, unless there is an individualized determination that the prisoner will harm herself, the fetus, the newborn child, or any other person or poses a substantial flight […]

§ 53.1-40.13. Treatment of prisoners during postpartum recovery

A. No restraints shall be used on any prisoner who is in postpartum recovery, unless an employee of the Department has a reasonable belief that the prisoner will harm herself, her newborn child, or any other person or poses a substantial flight risk. If there is a reasonable belief that the prisoner will harm herself, […]

§ 53.1-40.14. Reporting requirement

The warden or other official in charge of a state correctional facility shall compile a monthly summary of all written reports received pursuant to §§ 53.1-25.1, 53.1-40.12, and 53.1-40.13 and shall submit the summary to the Director each month. 2020, c. 526.

§ 53.1-40.15. Training of correctional facility employees regarding pregnant inmates

For correctional officers, and juvenile correctional officers who may have contact with pregnant inmates, the compulsory minimum entry-level training standards established pursuant to § 9.1-102 shall include training on the general care of pregnant women, the impact of restraints on pregnant inmates and fetuses, the impact of being placed in restrictive housing or solitary confinement […]

§ 53.1-40.16. Education for pregnant prisoners

The Department shall provide, to the extent practicable, educational programming for prisoners known to be pregnant related to (i) prenatal care, (ii) pregnancy-specific hygiene, (iii) parenting skills, (iv) the impact of alcohol and drugs on the fetus, (v) postpartum recovery health, and (vi) the general health of children. 2020, c. 526.