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§ 1058.5. Restraints and Pregnant Persons.

15 CA ADC § 1058.5Barclays Official California Code of RegulationsEffective: January 1, 2023

Barclays California Code of Regulations
Title 15. Crime Prevention and Corrections
Division 1. Board of State and Community Corrections
Chapter 1. Board of State and Community Corrections
Subchapter 4. Minimum Standards for Local Detention Facilities
Article 5. Classification and Separation
Effective: January 1, 2023
15 CCR § 1058.5
§ 1058.5. Restraints and Pregnant Persons.
Currentness
The facility administrator, in cooperation with the responsible physician, shall develop written policies and procedures for the use of restraint devices on pregnant people. In accordance with Penal Code Section 3407, the policy shall include reference to the following:
(1) An incarcerated person known to be pregnant or in recovery after delivery or termination of the pregnancy shall not be restrained by the use of leg or waist restraints, or handcuffs behind the body.
(2) An incarcerated pregnant person in labor, during delivery, or in recovery after delivery or termination of the pregnancy, shall not be restrained by the wrists, ankles, or both, unless deemed necessary for the safety and security of the incarcerated person, the staff, or the public.
(3) Restraints shall be removed when a professional who is currently responsible for the medical care of an incarcerated pregnant person during a medical emergency, labor, delivery, or recovery after delivery or termination of the pregnancy determines that the removal of restraints is medically necessary.
(4) Upon confirmation of an incarcerated person's pregnancy, they shall be advised, orally or in writing, of the standards and policies governing incarcerated pregnant people.

Credits

Note: Authority cited: Section 6030, Penal Code. Reference: Sections 3407 and 6030, Penal Code.
History
1. New section filed 1-26-2017; operative 4-1-2017 (Register 2017, No. 4).
2. Amendment of section heading and section filed 11-17-2022; operative 1-1-2023 (Register 2022, No. 46).
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 15, § 1058.5, 15 CA ADC § 1058.5
End of Document