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Statutes Text

Article - Correctional Services


    (a)    In this section, “restrictive housing” has the meaning stated in § 9–614 of this subtitle.

    (b)    Except as provided in this section, a pregnant incarcerated individual may not be involuntarily placed in restrictive housing, including involuntary medical isolation or infirmary.

    (c)    (1)    A pregnant incarcerated individual may be involuntarily placed in restrictive housing if the managing official of the correctional facility, in consultation with the person overseeing women’s health and services in the facility, makes an individualized and written determination that restrictive housing is required as a temporary response to:

            (i)    behavior that poses:

                1.    a serious and immediate risk of physical harm to the incarcerated individual or another; or

                2.    an immediate and credible flight risk that cannot be reasonably prevented by other means; or

            (ii)    a situation that poses a risk of spreading a communicable disease that cannot be reasonably mitigated by other means.

        (2)    A managing official who makes a determination described in paragraph (1) of this subsection shall document the reason why other less restrictive housing is not possible.

        (3)    The determination described in paragraph (1) of this subsection shall be reviewed and affirmed at least every 24 hours in writing with a copy provided to the incarcerated individual.

    (d)    An individual placed in restrictive housing under this section shall be:

        (1)    medically assessed every 8 hours;

        (2)    housed only in the least restrictive setting consistent with the health and safety of the individual; and

        (3)    given an intensive treatment plan developed and approved by the person overseeing women’s health and services in the facility.

    (e)    (1)    A pregnant incarcerated individual who is deemed to need infirmary care shall be admitted to the infirmary on order of a primary care nurse practitioner or obstetrician.

        (2)    If the incarcerated individual is overdue in the pregnancy, the incarcerated individual shall be housed in the infirmary as an admitted patient until labor begins or until the obstetrical consultant has made other housing and care recommendations.

        (3)    A pregnant incarcerated individual who has been placed in the infirmary shall be provided:

            (i)    access to regular outside recreation consistent with the general population;

            (ii)    access to visits, mail, and telephone consistent with general population privileges; and

            (iii)    the ability to continue to participate in work detail, programming, and classes.

    (f)    (1)    Within 48 hours after confirmation by a health care professional that an incarcerated individual is pregnant, the incarcerated individual shall be notified in writing of the restrictions on a pregnant incarcerated individual being placed in restrictive housing provided in this section.

        (2)    The Secretary shall establish a process through which an incarcerated individual may report a violation of this section.

    (g)    The managing official of a correctional facility who authorized the placement of a pregnant incarcerated individual in restrictive housing shall submit within 30 days of the placement a report in writing to the Commissioner of Correction, the Commissioner of Pretrial Detention and Services, and the person overseeing women’s health and services in the facility that describes the facts and circumstances surrounding the placement, including:

        (1)    the reasoning for the determination to place the incarcerated individual in restrictive housing;

        (2)    details of the placement, including the names of those who conducted medical assessments of the incarcerated individual, dates and times of placement, and the date, if applicable, the incarcerated individual was released from restrictive housing; and

        (3)    any physical or mental effects on the incarcerated individual or fetus resulting from the placement observed or reported by the person overseeing women’s health and services in the facility.

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