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Introduced Version House Bill 4531 History

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Key: Green = existing Code. Red = new code to be enacted
H. B. 4531


(By Delegates Brown, Miley, Hatfield, Guthrie,

Lawrence, Poore and Caputo )


[Introduced February 18, 2010 ; referred to the

Committee on the Judiciary.]



A BILL to amend and reenact §25-1-16 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §31-20-30a; and to amend and reenact §49- 5E-6 of said code, all related to mandating that shackling of pregnant women who are incarcerated is not allowed except in extraordinary circumstances.

Be it enacted by the Legislature of West Virginia:
That §25-1-16 of the Code of West Virginia, 1931, as amended be amended and reenacted; that said code be amended by adding thereto a new section, designated §31-20-30a; and that §49-5E-6 of said code be amended and reenacted, all to read as follows:
CHAPTER 25. DIVISION OF CORRECTIONS.

ARTICLE 1. ORGANIZATION, INSTITUTIONS AND CORRECTIONS MANAGEMENT.
§25-1-16. Transfer of inmates of state institutions or facilities.
The State Commissioner of Corrections Public Institutions shall have authority to cause the transfer of any patient or inmate from any correctional state institution or facility to any other state or federal institution or facility which is better fitted for the care or treatment of such patient or inmate, or for other good cause or reason.
Whenever an inmate committed to the custody of corrections a convict in a state prison becomes mentally ill and his or her needs cannot be properly met within the correctional facility, the warden commissioner shall proceed in accordance with section thirty-one, article five, chapter twenty-eight of this code.
Whenever an inmate committed to the custody of corrections a convict in a state prison needs medical attention, other than mental health care, not available at said prison, the warden or administrator superintendent of said prison correctional facility shall immediately notify the Commissioner of Corrections Public Institutions, who, after proper investigation, shall cause the transfer of said convict inmate to a hospital within the State of West Virginia properly equipped to render the medical attention necessary. Such a convict, inmate while receiving treatment in said hospital, shall be under an appropriate level of supervision guard at all times and shall forthwith be returned to his or her correctional facility prison upon release from said hospital. his recovery.
In providing or arranging for the necessary medical and other care and treatment of a pregnant inmate in a correctional facility, the warden or administrator of the correctional facility shall take reasonable measures to assure that pregnant inmates will not be restrained after reaching the second trimester of pregnancy until the end of the pregnancy: Provided, That if the inmate, based upon her classification, discipline history, or other factors deemed relevant by the warden or administrator poses a threat of escape, or to the safety of herself, the public, staff or the unborn child, the inmate may be restrained in a manner reasonably necessary: Provided, however, That prior to directing the application of restraints, the warden or administrator shall consult with an appropriate health care professional to assure that the manner of restraint will not pose an unreasonable risk of harm to the inmate or the unborn child.
CHAPTER 31. CORPORATIONS.

ARTICLE 20. WEST VIRGINIA REGIONAL JAIL AND CORRECTIONAL FACILITY AUTHORITY.

§31-20-30a. Mechanical restraints during pregnancy.
In providing or arranging for the necessary medical and other care and treatment of inmates committed to the Regional Jail Authority's custody, the authority shall assure that pregnant inmates will not be restrained after reaching the second trimester of pregnancy until the end of the pregnancy:
Provided, That if the inmate, based upon her classification, discipline history, or other factors deemed relevant by the authority poses a threat of escape, or to the safety of herself, the public, staff or the unborn child, the inmate may be restrained in a manner reasonably necessary. Provided, however, That prior to directing the application of restraints, the director shall consult with an appropriate health care professional to assure that the manner of restraint will not pose an unreasonable risk of harm to the inmate or the unborn child.
CHAPTER 49. CHILD WELFARE.

ARTICLE 5E. DIVISION OF JUVENILE SERVICES.
§49-5E-6. Medical and other treatment of juveniles in custody of the division; coordination of care and claims processing and administration by the department; authorization of certain cooperative agreements.

(a) Notwithstanding any other provision of law to the contrary, the director, or his or her designee, is hereby authorized to consent to the medical or other treatment of any juvenile in the legal or physical custody of the director or the division.
(b) In providing or arranging for the necessary medical and other care and treatment of juveniles committed to the division's custody, the director shall utilize service providers who provide the same or similar services to juveniles under existing contracts with the Department of Health and Human Resources. In order to obtain the most advantageous reimbursement rates, to capitalize on an economy of scale and to avoid duplicative systems and procedures, the department shall administer and process all claims for medical or other treatment of juveniles committed to the division's custody.
(c) In providing or arranging for the necessary medical and other care and treatment of juveniles committed to the division's custody, the director shall assure that pregnant inmates will not be restrained after reaching the second trimester of pregnancy until the end of the pregnancy: Provided, That if the inmate, based upon her classification, discipline history or other factors deemed relevant by the director poses a threat of escape, or to the safety of herself, the public, staff, or the unborn child, the inmate may be restrained in a manner reasonably necessary: Provided, however, That prior to directing the application of restraints, the director shall consult with an appropriate health care professional to assure that the manner of restraint will not pose an unreasonable risk of harm to the inmate or the unborn child.
(c) (d) For purposes of implementing the mandates of this section, the director is hereby authorized and directed to enter into any necessary agreements with the Department of Health and Human Resources. Any such agreement shall specify, at a minimum, for the direct and incidental costs associated with such care and treatment to be paid by the Division of Juvenile Services.



NOTE: The purpose of this bill is to mandate that shackling of pregnant women who are incarcerated is not allowed except in extraordinary circumstances.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

§31-20-30a is new; therefore, it has been completely underscored.
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