December 21, 2018, Introduced by Reps. Geiss and Chang and referred to the Committee on Law and Justice.
A bill to amend 1953 PA 232, entitled
"Corrections code of 1953,"
by amending section 67a (MCL 791.267a), as added by 1996 PA 234,
and by adding section 65j.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 65j. (1) An employee of the department shall not restrain
a prisoner known to be pregnant unless the employee makes an
individualized determination, with explicit permission from a
ranking prison administrator, that restraints are reasonably
necessary for the legitimate safety and security needs of the
prisoner, correctional facility employees, other inmates, or the
public, and the treating medical care provider does not object to
the use of restraints. If restraints are determined to be
necessary, the restraints must be the least restrictive available
and the most reasonable under the circumstances.
(2) An employee of a correctional facility shall not restrain
a prisoner known to be pregnant while the prisoner is being
transported if the restraint is through the use of leg irons, waist
chains or other devices that cross or otherwise touch the
prisoner's abdomen, handcuffs, or other devices that cross or
otherwise touch the prisoner's wrists when affixed behind the
prisoner's back.
(3) An employee of the department may not place a prisoner
known to be pregnant in segregation or isolating conditions.
(4) An employee of a correctional facility may restrain a
prisoner who is in labor or who has given birth within the
preceding 3 days only if all of the following conditions apply:
(a) There is a substantial flight risk or another
extraordinary medical or security circumstance that dictates
restraints be used to ensure the safety and security of the
prisoner, correctional facility employees, other inmates, or the
public.
(b) The employee has made an individualized determination with
explicit permission from a ranking prison administrator that
restraints are necessary to prevent escape or injury.
(c) There is no objection from the treating medical care
provider.
(d) The restraints used are the least restrictive type and are
used in the least restrictive manner.
(5) Upon arriving at a reception center designated under
section 67(1), the department must offer pregnancy testing to each
incoming female prisoner who is not more than 50 years of age.
(6) The department must ensure every prisoner who has given
birth within the last 12 months and is producing breast milk is
provided both of the following opportunities:
(a) To breast-feed the infant child of the prisoner during any
visit with the infant.
(b) To express breast milk for the infant child of the
prisoner.
(7) A prisoner who expresses her breast milk as authorized
under subsection (6)(b) must be given access to necessary supplies,
including a breast pump and appropriate, sanitary containers for
storage, and must be allowed to have the breast milk stored under
refrigeration until it is picked up by a person the prisoner has
authorized for that purpose.
(8) The department must allow a prisoner to have access to
doula services if the prisoner is known to be pregnant or has given
birth not more than 6 weeks before she arrived at a reception
center designated under section 67(1). A support person who has
completed birth planning with the pregnant prisoner and has been
cleared using the law enforcement information network as provided
in the C.J.I.S. policy council act, 1974 PA 163, MCL 28.211 to
28.215, may be present in the delivery room with the pregnant
prisoner, along with the doula.
(9) An employee of the correctional facility who may have
contact with pregnant prisoners incarcerated in the facility must
receive annual training on the provisions of this section.
(10) A prisoner known to be pregnant must be asked to
designate a person to receive updates about her medical condition.
A person designated under this subsection must be notified when
that prisoner is transported to a medical appointment or to a
hospital, begins labor, or delivers her child. After a person
designated under this section is notified that a pregnant person
has begun labor, that person and an additional 2 support persons
may be present in a hospital visiting room.
(11) As used in this section, "doula services" means
childbirth education and support services, including emotional,
physical, and informational support provided during pregnancy,
labor, birth, and the postpartum period.
Sec. 67a. (1) A prisoner who receives nonemergency medical,
dental, or optometric services at his or her request is responsible
for a copayment fee to the department for those services, as
determined by the department. If the prisoner is a minor, the
prisoner's parent or guardian is also responsible for a copayment
fee imposed under this section.
(2) A prisoner who intentionally injures himself or herself,
and receives emergency medical care for that injury, is responsible
for the entire cost of the medical care, rather than the copayment
described in subsection (1).
(3) The department shall determine whether those prisoners who
injure
themselves intentionally shall must
be housed in a facility
designed to allow on-site medical treatment of those injuries. Not
later
than 6 months after the effective date of this section,
September 30, 1997, the director of the department shall report to
the legislature on the feasibility and cost of implementing this
subsection.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.