Amends TCA Title 41.

This bill establishes the following restrictions and requirements in regard to pregnant women who are incarcerated: (1) Prohibits a correctional institution from using restraints on a prisoner or detainee known to be pregnant, including during labor, transport to a medical facility, delivery, and postpartum, unless the corrections official makes an individualized determination that the prisoner or detainee presents an extraordinary circumstance that dictates the use of restraints to ensure the safety and security of the prisoner or detainee, the staff of the correctional institution or medical facility, other prisoners or detainees, or the public, except that: (A) If the doctor, nurse, emergency medical technician, or other health professional treating the prisoner or detainee requests that restraints not be used, the corrections officer accompanying the prisoner or detainee must immediately remove all restraints; and (B) Under no circumstances may leg or waist restraints be used on a prisoner or detainee who is in labor or delivery, whether in a correctional institution, in a medical facility, or in transport to a medical facility; (2) Requires, if restraints are used on a prisoner or detainee pursuant to item (1) above, that: (A) The type of restraint applied must be the least restrictive type and the application of the restraint must be done in the least restrictive manner necessary; (B) Within 72 hours, the corrections official must submit written findings to the head of the correctional institution as to the extraordinary circumstance that dictated the use of the restraints to ensure the safety and security of the prisoner or detainee, the staff of the correctional institution or medical facility, other prisoners or detainees, or the public; (C) No later than 30 days before the end of each fiscal year, the commissioner of correction must submit a written report to the members of the state government committee of the house, the state and local government committee of the senate, and the corrections subcommittee of the house on the use of restraints on incarcerated women who are pregnant or going through postpartum. This bill sets out in detail requirements for the report; (3) Requires that a searchable database that is publicly available be created that includes an account of every instance of prisoner restraints used in accordance with this bill, including the date, time, location, and rationale for each instance in which restraints are used, the name of the corrections official responsible for restraining the pregnant prisoner or detainee, and the name of the correctional institution where the pregnant prisoner or detainee is housed; (4) Requires the comptroller to audit the use of restraints on pregnant prisoners and detainees and research and report on conditions for pregnant prisoners and detainees in correctional institutions throughout this state every two years. The department of correction and the wardens of correctional institutions must, as necessary, provide documentation and support to assist the comptroller of the treasury. This bill sets out in detail the information to be included in the audit; (4) Specifies that this bill does not apply if the prisoner or detainee is kept in the hospital for an extended period of time for other reasons not associated with the birth of their child or children; (5) Prohibits the presence of a corrections official in the room during a pregnant prisoner's or detainee's labor or childbirth; (6) Requires the commissioner of correction and administrator of each county correctional institution to require annual training of staff members who transport or supervise female prisoners on the requirements of this bill; and (7) Requires that all prisoners and detainees potentially affected by this bill be advised in a separate, clear, and concise writing of the requirements of this bill and of the present law requirements regarding furlough to female inmates for giving birth and bonding with the child. The information must be provided upon admission to the correctional institution and when correctional officials know that a prisoner or detainee is pregnant. ON APRIL 11, 2022, THE HOUSE ADOPTED AMENDMENT #1 AND RESET HOUSE BILL 2875, AS AMENDED. AMENDMENT #1 rewrites this bill and prohibits, beginning on the date on which a pregnancy is known to a law enforcement agency and confirmed by a healthcare professional, placing an inmate, who is in the custody of a correctional institution, in restraints. This prohibition will not apply if: (1) An inmate is restrained solely by handcuffs in front of her body during internal escort or at any time outside of the incarceration facility; (2) An appropriate corrections officer determines that: (A) The inmate is an immediate and credible flight risk that cannot reasonably be prevented by other means; (B) The inmate poses an immediate and serious threat of harm to herself, the unborn child, or others that cannot reasonably be prevented by other means; or (C) The custody or classification level of the inmate requires the use of restraints; or (3) A healthcare professional responsible for the health and safety of the inmate determines that the use of restraints is appropriate for the medical safety of the inmate or the unborn child. If restraints are used pursuant to items (1)-(3) above, then only the least restrictive restraints necessary to prevent harm to herself, the unborn child, others, or risk of escape may be used. This amendment provides that the exceptions described above must not be applied: (A) To place restraints around the ankles, legs, or waist of an inmate who is in labor or delivery; (B) To restrain an inmate's hands behind her back; or (C) To attach an inmate to another inmate. Under this amendment, if restraints are used on a pregnant inmate in extraordinary circumstances pursuant to items (1)-(3) above that are outside of necessary restrained movement in a correctional environment, the corrections official must, within 72 hours, document in writing the extraordinary circumstances that dictated the use of the restraints to ensure the safety and security of the inmate, the unborn child, the staff of the correctional institution or medical facility, other prisoners or detainees, or the public. This amendment requires the commissioner of correction and the sheriffs, superintendents, and jail administrators of each local correctional facility to require annual training of staff members who transport or supervise female inmates on the requirements of this amendment. All inmates potentially affected by this amendment must be advised in a separate, clear, and concise writing of the requirements of this amendment and the present law requirements regarding furlough to female inmates for giving birth and bonding with the child upon admission to the correctional institution and when known to be pregnant. Under this amendment, upon the request of a healthcare professional who is responsible for the health and safety of an inmate, a corrections officer must refrain from using restraints on the inmate or must remove restraints used on the inmate. ON APRIL 14, 2022, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 2769, AS AMENDED. AMENDMENT #1 rewrites this bill and prohibits, beginning on the date on which a pregnancy is known to a law enforcement agency and confirmed by a healthcare professional, placing an inmate, who is in the custody of a correctional institution, in restraints. This prohibition will not apply if: (1) An inmate is restrained solely by handcuffs in front of her body during internal escort or at any time outside of the incarceration facility; (2) An appropriate corrections officer determines that: (A) The inmate is an immediate and credible flight risk that cannot reasonably be prevented by other means; (B) The inmate poses an immediate and serious threat of harm to herself, the unborn child, or others that cannot reasonably be prevented by other means; or (C) The custody or classification level of the inmate requires the use of restraints; or (3) A healthcare professional responsible for the health and safety of the inmate determines that the use of restraints is appropriate for the medical safety of the inmate or the unborn child. If restraints are used pursuant to items (1)-(3) above, then only the least restrictive restraints necessary to prevent to harm to herself, the unborn child, others, or risk of escape may be used. This amendment provides that the exceptions described above must not be applied: (A) To place restraints around the ankles, legs, or waist of an inmate who is in labor or delivery; (B) To restrain an inmate's hands behind her back; or (C) To attach an inmate to another inmate. Under this amendment, if restraints are used on a pregnant inmate in extraordinary circumstances pursuant items (1)-(3) above that are outside of necessary restrained movement in a correctional environment, the corrections official must, within 72 hours, document in writing the extraordinary circumstances that dictated the use of the restraints to ensure the safety and security of the inmate, the unborn child, the staff of the correctional institution or medical facility, other prisoners or detainees, or the public. This amendment requires the commissioner of correction and the sheriffs, superintendents, and jail administrators of each local correctional facility to require annual training of staff members who transport or supervise female inmates on the requirements of this amendment. All inmates potentially affected by this amendment must be advised in a separate, clear, and concise writing of the requirements of this amendment and the present law requirements regarding furlough to female inmates for giving birth and bonding with the child upon admission to the correctional institution and when known to be pregnant. Under this amendment, upon the request of a healthcare professional who is responsible for the health and safety of an inmate, a corrections officer must refrain from using restraints on the inmate or must remove restraints used on the inmate. ON APRIL 18, 2022, THE HOUSE SUBSTITUTED SENATE BILL 2769 FOR HOUSE BILL 2875, ADOPTED AMENDMENT #2, AND PASSED SENATE BILL 2769, AS AMENDED. AMENDMENT #2 adds a preamble to this bill.