Chapter 5 – Adult Custody and Security Operations

54045.7 Security and Restraint

• Staff shall follow standard supervision protocols for pregnant incarcerated persons while adhering to established medical and legal standards that restrict or prohibit the use of restraints and physical force.

• Pregnant incarcerated person, if known by the department to be pregnant, shall not be tased, pepper sprayed, or exposed to other chemical weapons.

• Pregnant incarcerated persons, if known by the department to be pregnant, shall not be restrained by the use of leg irons, waist chains, or handcuffs behind the body. In the event of transport, the Request for Authorization of Temporary Removal for Medical Treatment Form (CDC Form 7252) shall state in the “Remarks” section, “Application of restraint gear limited to handcuffs in front of incarcerated person only.”

• A person who is in labor, delivery, or recovery, shall not be restrained by the wrists, ankles, or both absent extraordinary circumstances. Recovery is the length of time the incarcerated person stays in the hospital after giving birth. If handcuffs are applied, the incarcerated person’s arms shall be brought to the front of their body for application.

• Staff shall remove all restraints applied to a pregnant incarcerated person experiencing a medical emergency, labor, delivery or recovery if a professional responsible for the medical care of the pregnant incarcerated person determines that the removal of restraints is medically necessary. Recovery is the length of time the incarcerated person stays in the hospital after giving birth.

• An incarcerated pregnant person in labor and delivery shall be given the maximum level of privacy possible during the labor and delivery process. If a custody officer is present, they shall be stationed outside the room rather than in the room, absent extraordinary circumstances. If the custody officer must be present in the room, the custody officer shall stand in a place that grants as much privacy as possible during labor and delivery. A custody officer shall be removed from the room if the professional responsible for the medical care of the person during a medical emergency, labor, delivery or recovery after delivery determines that the removal of the custody officer is medically necessary.

• A pregnant incarcerated person shall be allowed to walk during labor as prescribed by the attending doctor. The area used to walk during labor shall be determined based on safety and security needs.