Section 42-56.3-1. – Title.

§ 42-56.3-1. Title. This chapter shall be known and may be cited as “The Healthy Pregnancies for Incarcerated Women Act.” History of Section.P.L. 2011, ch. 68, § 1; P.L. 2011, ch. 108, § 1.

Section 42-56.3-2. – Findings.

§ 42-56.3-2. Findings. (a) Restraining a pregnant woman can pose undue health risks to the woman and her pregnancy. (b) The vast majority of female prisoners or detainees in Rhode Island are non-violent offenders. (c) Restraining pregnant prisoners and detainees increases the potential for physical harm from an accidental trip or fall. (d) Freedom from […]

Section 42-56.3-3. – Restraint of prisoners and detainees.

§ 42-56.3-3. Restraint of prisoners and detainees. (a) Whenever the department of corrections has actual or constructive knowledge that a prisoner or detainee is in the second or third trimester of pregnancy, any restraints used on the pregnant prisoner or detainee shall be only those deemed medically appropriate. (b) No handcuffs, shackles or other restraints […]

Section 42-56.3-4. – Enforcement.

§ 42-56.3-4. Enforcement. In addition to any other rights and remedies afforded by law, any person who has been restrained in violation of this chapter may file a civil action for damages and any appropriate and equitable relief in Superior Court. The court may also award a prevailing plaintiff reasonable attorney’s fees and costs. History […]

Section 42-56.3-5. – Regulations and notice to prisoners and detainees.

§ 42-56.3-5. Regulations and notice to prisoners and detainees. (a) The department shall promulgate rules and regulations in accordance with chapter 35 of title 42 to implement this chapter. (b) All prisoners and detainees potentially affected by this chapter shall be advised of the requirements of this chapter and the rules promulgated pursuant to subsection […]

Section 42-56.3-6. – Training school for youth.

§ 42-56.3-6. Training school for youth. The provisions of this chapter shall also apply to the training school for youth. History of Section.P.L. 2011, ch. 68, § 1; P.L. 2011, ch. 108, § 1.

Section 42-56.3-7. – Postpartum recovery defined.

§ 42-56.3-7. Postpartum recovery defined. For purposes of this chapter, “postpartum recovery” means, as determined by her physician, the period immediately following delivery, including the entire period a woman is in the hospital or infirmary after birth. History of Section.P.L. 2011, ch. 68, § 1; P.L. 2011, ch. 108, § 1.

Section 42-56.3-8. – Reports.

§ 42-56.3-8. Reports. The department shall report to the general assembly in January of each year the number of pregnant women incarcerated at the adult correctional institutions during the previous year, and the number who were subject to the use of restraints as specified in § 42-56.3-3(e). These findings shall be made available for public […]