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Public Act 91-0253
HB0392 Enrolled LRB9102143RCks
AN ACT in relation to pregnant female prisoners.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Counties Code is amended by adding
Section 3-15003.6 as follows:
(55 ILCS 5/3-15003.6 new)
Sec. 3-15003.6. Pregnant female prisoners.
Notwithstanding any other statute, directive, or
administrative regulation, when a pregnant female prisoner is
brought to a hospital from a County Department of Corrections
facility for the purpose of delivering her baby, no
handcuffs, shackles, or restraints of any kind may be used
during her transport to a medical facility for the purpose of
delivering her baby. Under no circumstances may leg irons or
shackles or waist shackles be used on any pregnant female
prisoner who is in labor. Upon the pregnant female
prisoner's entry to the hospital delivery room, a county
correctional officer must be posted immediately outside the
delivery room. The Sheriff must provide for adequate
personnel to monitor the pregnant female prisoner during her
transport to and from the hospital and during her stay at the
hospital.
Section 10. The Unified Code of Corrections is amended
by adding Section 3-6-7 as follows:
(730 ILCS 5/3-6-7 new)
Sec. 3-6-7. Pregnant female committed persons.
Notwithstanding any other statute, directive, or
administrative regulation, when a pregnant female committed
person is brought to a hospital from an Illinois correctional
center for the purpose of delivering her baby, no handcuffs,
shackles, or restraints of any kind may be used during her
transport to a medical facility for the purpose of delivering
her baby. Under no circumstances may leg irons or shackles
or waist shackles be used on any pregnant female committed
person who is in labor. Upon the pregnant female committed
person's entry to the hospital delivery room, a correctional
officer must be posted immediately outside the delivery room.
The Department must provide for adequate personnel to monitor
the pregnant female committed person during her transport to
and from the hospital and during her stay at the hospital.
Section 15. The County Jail Act is amended by adding
Section 17.5 as follows:
(730 ILCS 125/17.5 new)
Sec. 17.5. Pregnant female prisoners. Notwithstanding
any other statute, directive, or administrative regulation,
when a pregnant female prisoner is brought to a hospital from
a county jail for the purpose of delivering her baby, no
handcuffs, shackles, or restraints of any kind may be used
during her transport to a medical facility for the purpose of
delivering her baby. Under no circumstances may leg irons or
shackles or waist shackles be used on any pregnant female
prisoner who is in labor. Upon the pregnant female
prisoner's entry to the hospital delivery room, a county
correctional officer must be posted immediately outside the
delivery room. The Sheriff must provide for adequate
personnel to monitor the pregnant female prisoner during her
transport to and from the hospital and during her stay at the
hospital.
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