A BILL TO BE ENTITLED
AN ACT to codify the north carolina department of public safety policy that prohibits the restraint of pregnant prisoners and detainees, to enact the incarcerated women interested in learning and living act to provide for mammograms for incarcerated women, and to appropriate funds.
The General Assembly of North Carolina enacts:
SECTION 1.(a)  Chapter 15A of the General Statutes is amended by adding a new Article to read:
"Article 87.
"Treatment of Pregnant Prisoners and Detainees.
"§ 15A‑1391.  Definitions.
The following words have the listed meaning in this Article:
(1)	Correctional institution. – Any unit of the State prison system, local confinement facility, juvenile detention facility, or other entity under the authority of any State or local law enforcement agency that has the power to detain or restrain a person under the laws of this State.
(2)	Corrections official. – The official that is responsible for oversight of a correctional institution or that official's designee.
(3)	Detainee. – Any person detained under the immigration laws of the United States at any correctional institution.
(4)	Extraordinary circumstance. – There has been an individualized determination that restraints are necessary to prevent the woman from injuring herself or others and cannot reasonably be restrained by other means, including the use of additional personnel.
(5)	Labor. – The period of time before a birth during which contractions are of sufficient frequency, intensity, and duration to bring about effacement and progressive dilation of the cervix.
(6)	Postpartum period. – The eight weeks following the birth of the baby.
(7)	Postpartum recovery. – As determined by a woman's physician or obstetrical provider, the period immediately following delivery, including the entire period a woman is in the hospital or infirmary after giving birth.
(8)	Prisoner. – Any person incarcerated or detained in any facility who is accused of, convicted of, sentenced for, or adjudicated delinquent for violations of criminal law or the terms and conditions of parole, probation, pretrial release, or diversionary program.
(9)	Restraints. – Any physical restraint or mechanical device used to control the movement of a prisoner or detainee's body or limbs.
"§ 15A‑1392.  Restraint of prisoners and detainees.
(a)	A correctional institution shall not use restraints on a prisoner or detainee known to be pregnant, including during labor, transport to a medical facility, delivery, postpartum recovery, and the postpartum period, unless the corrections official makes an individualized determination that the prisoner or detainee presents an extraordinary circumstance. Under no circumstances shall leg or waist restraints be used on any prisoner or detainee who is in labor or delivery.
(b)	If the physician, obstetrical provider, nurse, or other health professional treating the prisoner or detainee requests that restraints not be used, the corrections officer accompanying the prisoner or detainee shall immediately remove all restraints.
(c)	If restraints are used on a prisoner or detainee pursuant to subsection (a) of this section:
(1)	The type of restraint applied and the application of the restraint shall be accomplished in the least restrictive manner necessary.
(2)	The corrections official shall make written findings within 10 days as to the extraordinary circumstance that dictated the use of the restraints. The findings shall be retained by the correctional institution for at least five years and be made available for public inspection, except that no individually identifying information of any prisoner or detainee shall be made public under this Article without the prisoner or detainee's prior written consent.
"§ 15A‑1393.  Notification.
All correctional facilities in the State shall inform all prisoners and detainees within the facilities' custody of the provisions of this Article."
SECTION 1.(b)  This section becomes effective October 1, 2020.
SECTION 2.(a)  There is appropriated from the General Fund to the Department of Public Safety, Division of Adult Correction and Juvenile Justice, the sum of two hundred fifty thousand dollars ($250,000) in nonrecurring funds for the 2020‑2021 fiscal year to be allocated to policy implementation, education, and training of the procedures required in Section 1 of this act.
SECTION 2.(b)  This section becomes effective July 1, 2020.
SECTION 3.  The Division of Adult Correction shall provide mammograms for women age 40 or over who are incarcerated in the State prison system.
SECTION 4.(a)  There is appropriated from the General Fund to the Department of Public Safety the sum of one hundred fifty thousand dollars ($150,000) in recurring funds for the 2020‑2021 fiscal year to contract to provide housing assistance to female offenders reentering the community from the State prison system.
SECTION 4.(b)  This section becomes effective July 1, 2020.
SECTION 5.  Except as otherwise provided, the remainder of this act is effective when it becomes law.