Amends TCA Title 39; Title 40; Title 41 and Title 68.

This bill requires a penal institute, correctional facility, detention center, and county jail (correctional facility) to use the least restrictive restraints necessary on a pregnant inmate when the facility has actual or constructive knowledge that the inmate is pregnant. Unless otherwise directed by the physician in charge, the presumption will be that no restraints of any kind will be used: (1) When transporting an inmate who is in active labor; (2) During any stage of active labor; (3) While the inmate is in any stage of active delivery; or (4) While the inmate is recuperating from the delivery of a baby, unless there are compelling grounds to believe that the inmate presents an immediate threat to self, staff, or others, or that the inmate is a substantial flight risk and cannot be reasonably contained by other means. Prior to an inmate going into labor, only the least restrictive restraints may be used on the inmate to ensure the safety of the inmate, staff, or others, and the least restrictive restraints must be used in a way that mitigates the risk of adverse clinical consequences to the inmate. Consultation with medical staff will be required prior to the application of restraints on a pregnant inmate. This bill requires the written approval of the warden of a penal institution, director of a correctional facility, director of a detention center, or sheriff of a county jail prior to the application of restraints on a pregnant inmate unless there are compelling grounds (as described above in (4)). In general, the least restrictive restraint necessary will be a frontal wrist restraint which, if used, must be applied in such a manner that the pregnant inmate is able to protect the fetus and self in the event of a forward fall. A correctional facility must make correctional officers available to remove restraints upon request from medical personnel. This bill prohibits the use of the following restraints and control techniques: (1) Abdominal restraints; (2) Four-point restraints or placing the pregnant inmate in a facedown position; (3) Leg and ankle restraints that may increase the risk of forward falls; and (4) Any kind of chain restraints where the inmate is linked to another inmate. This bill prohibits correctional staff from being present in the delivery room during the birth of a baby unless requested by the medical staff supervising the delivery. Present law requires a correctional institution to provide a pregnant prisoner or detainee with nutritionally appropriate meals and appropriate supplemental provisions between meals. This bill also requires a correctional facility to: (1) Provide postpartum inmates access to breast pumps at regular intervals for a period of six months from giving birth. This bill requires the department of health to provide breast pumps to pregnant inmates free of charge; (2) Provide sanitary storage for an inmate's breast milk, if the inmate desires the milk to be stored; and (3) Allow for visits to enable breastfeeding of the inmate's child or allow for the timely collection of the breast milk expressed by the inmate for the child by the inmate's family, relatives, or other designated individuals. This bill prohibits solitary confinement for pregnant inmates and inmates who have given birth within the past eight weeks regardless of whether the purpose of confinement is for punishment or safekeeping.