SHACKLING OF PREGNANT OFFENDERS

(Sections 217.149, 217.151, 221.520, and 221.523)

This act requires all correctional centers and city and county jails by January 1, 2019, to develop procedures for the intake and care of offenders who are pregnant as set forth in the act. Additionally, the Department of Corrections and city and county jails shall, with the assistance of the Department of Social Services and the consent of the pregnant offender, consider enrolling an unborn child in the Show-Me Healthy Babies program.

A correctional center or city or county jail is prohibited from using restraints on a pregnant offender in her third trimester during transportation, medical appointments, labor, or forty-eight hours post delivery, unless extraordinary circumstances exist. Extraordinary circumstances occur when the offender is a substantial flight risk or restraints must be used to ensure the safety of the offender or others. When restraints are used, they must be the least restrictive and reasonable under the circumstances. Additionally, the corrections officer, sheriff, or jailer who determined that the restraints were necessary must document the incident within forty-eight hours. If a doctor, nurse, physician assistant, paramedic, or EMT requests for restraints to not be used, then the corrections officer, sheriff, or jailer must remove all restraints.

The Sentencing and Corrections Oversight Commission and the Advisory Committee shall conduct biannual reviews of every report written on incidents where restraints were used by a corrections officer.

Correctional centers and city and county jails shall ensure that employees are trained on the use of restraints for pregnant and postpartum offenders. Furthermore, the facilities must inform female offenders of procedures regarding care and custody of pregnant offenders and post such procedures in a common place.

This provision is similar to SCS/SB 803 (2018), HB 1002 (2017), and SB 180 (2017).

HOUSING OF PRISONERS (Section 221.050)

This act provides that jails may house persons on probation or parole with offenders or persons being held on criminal charges.

MIKE WEAVER