The purpose and effect of the proposed rule is to prohibit the use of restraints on a prisoner who is known to be pregnant during labor, delivery, or postpartum recovery unless a corrections official makes an individualized determination that ...

 

DEPARTMENT OF CORRECTIONS

RULE NO.: RULE TITLE:
33-602.211: Restraint of Pregnant Inmates

PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to prohibit the use of restraints on a prisoner who is known to be pregnant during labor, delivery, or postpartum recovery unless a corrections official makes an individualized determination that extraordinary circumstances exist requiring their use; defines extraordinary circumstances; regulates the use of restraints during the third trimester; provides that any restraint of a prisoner who is known to be pregnant must be done in the least restrictive manner necessary in order to mitigate the possibility of adverse medical consequences; prohibits the use of leg, ankle, or waist restraints during labor or delivery; and requires documentation if restraints are used due to an extraordinary circumstance.

SUMMARY: The proposed rule implements Ch. 1012-41, Laws of Florida. It generally prohibits the use of restraints on a prisoner who is known to be pregnant during labor, delivery, or postpartum recovery unless a corrections official makes an individualized determination that extraordinary circumstances exist requiring their use. It regulates the use of restraints during the third trimester. The use of leg, ankle, and waist restraints are prohibited during labor or delivery.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: upon review of the terms and requirements of the proposed rule, the department has determined that implementation of the rule will not exceed any one of the economic analysis criteria in a SERC as set forth in Section 120.541(2)(a), F.S.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 944.09 FS., ch. 2012-41, Laws of Fla.
LAW IMPLEMENTED: ch. 2012-41, Laws of Fla.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Laura Gallagher, 501 South Calhoun Street, Tallahassee, Florida 32399-2500

 

THE FULL TEXT OF THE PROPOSED RULE IS:

33-602.211 Restraint of Pregnant Inmates.

(1) Definitions.

(a) Extraordinary circumstance: means that the inmate poses a substantial flight risk or that there is some other extraordinary medical or security circumstance that dictates restraints be used to ensure the safety and security of the prisoner, the staff of the correctional institution or medical facility, other prisoners, the unborn child or the public.

(b) Restraints: refers to any physical restraint or mechanical device used to control the movement of a prisoner’s body or limbs, including, but not limited to, flex cuffs, soft restraints, hard metal handcuffs, a black box, chubb cuffs, leg irons, belly chains, a security or tether chain, or a convex shield.

(c) Third trimester: refers, for the purposes of this rule, to the period of time from the start of the 28th week of pregnancy.

(2) Prior to the start of a pregnant inmate’s labor, the correctional officer chief will individually evaluate each pregnant inmate to determine if the inmate presents a documentable extraordinary circumstance requiring the use of restraints during labor, delivery or postpartum recovery. If the correctional officer chief determines that extraordinary circumstances exist, the circumstances and the specific restraints recommended will be documented on Form DC6-210, Incident Report. The report will be forwarded to the warden. Form DC6-210 is incorporated by reference in Rule 33-602.210, F.A.C. The effective date of the form is _____.

(3) The warden will make the final determination of whether an extraordinary circumstance exists, noting the approval or disapproval of the specific restraints recommended by the correctional officer chief. A copy of the finalized incident report will be placed in the inmate’s file.

(4) Any restraint of a pregnant prisoner must be done in the least restrictive manner necessary in order to mitigate the possibility of adverse clinical consequences. Treating physicians may request that restraints not be used for documentable medical purposes; however, if the correctional officer, correctional institution employee, or other officer accompanying the pregnant prisoner determines that there is an extraordinary safety risk, the officer is authorized to apply restraints in the least restrictive manner necessary and in compliance with the restrictions set forth below.

(5) Unless there is a documentable extraordinary circumstance:

(a) Pregnant inmates will not be restrained with their hands behind their back nor will leg irons be utilized due to the possibility of a fall.

(b) Leg, ankle and waist restraints will not be used during the third trimester.

(6) When restraints are authorized as described herein, inmates will remain restrained during transport and at the medical facility unless removal of the restraints is required for medical reasons and then, except for emergency situations, only after the shift supervisor has been apprised of the situation and has given her/his approval to remove the restraints.

(7) Unarmed escort officers will maintain close supervision of pregnant inmates providing a custodial touch with the hand firmly grasped around the inmate’s triceps or elbow when necessary to prevent falls.

(8) Pregnant inmates will not be restrained in any manner during labor, delivery, or postpartum recovery unless the warden makes an individualized determination that the prisoner presents an extraordinary circumstance. However, under no circumstances shall leg, ankle, or waist restraints be used on any prisoner who is in labor or delivery, as defined in Chapter 2012-41, Laws of Florida.

(9) Staff utilizing restraints on a compliant pregnant inmate under extraordinary circumstances during labor, delivery, or postpartum recovery will document the application of restraints in the inmate’s file on Form DC6-210, Incident Report. If the inmate is noncompliant, the use of restraints will be documented on Form DC6-230, Institutions Report of Force Used. In either case, such documentation shall be prepared within 10 days. Form DC6-230 is incorporated by reference in Rule 33-602.210, F.A.C. The effective date of the form is _________.

Rulemaking Authority 944.09 FS., ch. 2012-41, Laws of Fla. Law Implemented ch. 2012-41, Laws of Fla. History–New________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: James Upchurch, Director, Office of Institutions

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Kenneth S. Tucker, Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 19, 2012

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: June 29, 2012