A. The following restraints shall not be used on any prisoner known to be pregnant upon notification or diagnosis of the pregnancy and for the duration of the pregnancy, unless there is an individualized determination that the prisoner will harm herself, the fetus, the newborn child, or any other person or poses a substantial flight risk: (i) leg restraints, (ii) handcuffs or other wrist restraints, except to restrain the prisoner's wrists in front of her, or (iii) restraints connected to other inmates. If there is an individualized determination that the prisoner will harm herself, the fetus, the newborn child, or any other person or poses a substantial flight risk and restraints are used, such restraints shall be the least restrictive possible.
B. No restraints shall be used on any prisoner known to be pregnant while in labor or during delivery unless there is an individualized determination that the prisoner will harm herself, the fetus, the newborn child, or any other person or poses a substantial flight risk. If there is an individualized determination that the prisoner will harm herself, the fetus, the newborn child, or any other person or poses a substantial flight risk and restraints are used, such restraints shall be the least restrictive possible. In such case, the employee ordering the use of restraints on any prisoner known to be pregnant while in labor or during delivery shall submit a written report to the warden or other official in charge of the state correctional facility within 72 hours following the use of restraints, containing the justification for restraining the prisoner.
C. No employee of the Department other than a licensed health care professional shall conduct body cavity searches of prisoners known to be pregnant unless the employee has a reasonable belief that the prisoner is concealing contraband. In such case, the employee shall submit a written report to the warden or other official in charge of the state correctional facility within 72 hours following the body cavity search, containing the justification for the search and what contraband was found, if any.
D. The Department shall not place any prisoner known to be pregnant in restrictive housing or solitary confinement unless an employee of the Department has a reasonable belief that the inmate will harm herself, the fetus, the newborn child, or any other person or poses a substantial flight risk. In such case, the employee authorizing the placement of the inmate in restrictive housing or solitary confinement shall submit a written report to the warden or other official in charge of the state correctional facility within 72 hours following the transfer, containing the justification for confining the prisoner in restrictive housing or solitary confinement.
E. The Department shall ensure that prisoners known to be pregnant are provided sufficient food and dietary supplements as ordered by a licensed physician or physician staff member to meet generally accepted prenatal nutritional guidelines for pregnant women.
F. The Department shall not assign any prisoner known to be pregnant to any bed that is elevated more than three feet from the floor of the facility.
2020, c. 526.
Structure Code of Virginia
Title 53.1 - Prisons and Other Methods of Correction
Chapter 2 - State Correctional Facilities
§ 53.1-18. Department to have custody of property; right to sue to protect property
§ 53.1-19. Establishment of correctional institutions
§ 53.1-20. Commitment of convicted persons to custody of Director
§ 53.1-20.1. Compensation of local jails for cost of incarceration
§ 53.1-21. Transfer of prisoners into and between state and local correctional facilities
§ 53.1-22. Misdemeanant suspected of having contagious disease
§ 53.1-23. Fingerprints, photographs and description
§ 53.1-23.2. Department to give notice of the receipt of certain prisoners
§ 53.1-24. Record of convictions and register to be kept
§ 53.1-25. Director to prescribe rules; rules to be available to prisoners
§ 53.1-25.1. Rules of state correctional facilities
§ 53.1-26. Confiscation of prohibited articles
§ 53.1-27. Establishment of stores in state correctional facilities
§ 53.1-28. Authority to fix discharge date; improper release; warrant, arrest and hearing
§ 53.1-29. Authority for correctional officers and other employees to carry weapons
§ 53.1-30. Who may enter interior of state correctional facilities; searches of those entering
§ 53.1-31. Sale or lease of gas, oil, or minerals
§ 53.1-31.1. Transportation of prisoners
§ 53.1-31.2. Notification of child support due by a prisoner
§ 53.1-31.3. Notification of incarcerated individuals ineligible for public assistance
§ 53.1-31.4. Department of Corrections-issued identification
§ 53.1-32. Treatment and control of prisoners; recreation; religious services
§ 53.1-32.01. Payment for bodily injury
§ 53.1-32.1. Classification system; program assignments; mandatory participation
§ 53.1-33. Physical examination of prisoner; ability to work
§ 53.1-33.1. Mandatory testing for human immunodeficiency virus
§ 53.1-34. Treatment of prisoner with contagious disease
§ 53.1-35. Correspondence privileges; receipt of publications
§ 53.1-35.1. Electronic visitation and messaging with inmates; fees
§ 53.1-35.2. Visitation of certain prisoners by minor dependents
§ 53.1-36. Prisoners may assist in medical research programs
§ 53.1-37. Furloughs generally; travel expenses; penalties for violations
§ 53.1-38. When ineligible for furloughs
§ 53.1-39. Certain punishment of prisoners prohibited
§ 53.1-39.1. Restrictive housing; data collection and reporting; report
§ 53.1-40. Appointment of counsel for indigent prisoners
§ 53.1-40.01. Conditional release of geriatric prisoners
§ 53.1-40.02. Conditional release of terminally ill prisoners
§ 53.1-40.1. Medical and mental health treatment of prisoners incapable of giving consent
§ 53.1-40.2. Involuntary admission of prisoners with mental illness
§ 53.1-40.3. Place of hearing or proceeding
§ 53.1-40.4. Appeal of order authorizing involuntary admission
§ 53.1-40.5. Transfer of prisoner involuntarily admitted
§ 53.1-40.6. Periodic review of prisoner for purposes of retention
§ 53.1-40.7. Discharge of prisoner involuntarily admitted
§ 53.1-40.8. Fees and expenses
§ 53.1-40.9. Civil admission proceeding prior to release
§ 53.1-40.10. Exchange of medical and mental health information and records
§ 53.1-40.12. Treatment of prisoners known to be pregnant
§ 53.1-40.13. Treatment of prisoners during postpartum recovery
§ 53.1-40.14. Reporting requirement
§ 53.1-40.15. Training of correctional facility employees regarding pregnant inmates
§ 53.1-40.16. Education for pregnant prisoners
§ 53.1-41. Opportunities for work and career and technical education
§ 53.1-42. Allowance for work and disposition thereof
§ 53.1-43. Pay incentives for prisoners
§ 53.1-43.1. Inmate trust accounts
§ 53.1-44. Investment of funds belonging to prisoners; use of income
§ 53.1-45. Sale of prison goods and services; print shop
§ 53.1-45.1. Work programs; agreements with other entities
§ 53.1-46. Sale of artistic products
§ 53.1-47. Purchases by agencies, localities, and certain nonprofit organizations
§ 53.1-48. Exceptions as to purchases
§ 53.1-49. Evasion by variance from specifications of Director
§ 53.1-50. Vouchers, certificates and warrants not to be questioned
§ 53.1-51. Intentional violations constitute malfeasance
§ 53.1-52. Procedure for purchases
§ 53.1-53. Transfer or sale of by-products of manufacturing processes
§ 53.1-54. Charges and catalogue; annual estimates of requirements by departments, etc.
§ 53.1-55. Sale or exchange of goods manufactured by prisoners of other states
§ 53.1-57. Payments by Department of Transportation to Director for labor
§ 53.1-58. Highway employees as guards
§ 53.1-60.1. Duties of Director in collecting court-imposed debt
§ 53.1-62. When ineligible for work release
§ 53.1-63.1. Department to establish facilities for juveniles sentenced as adults
§ 53.1-64. Programs and facilities
§ 53.1-65. Consideration of report developed at diagnostic facilities
§ 53.1-66. Transfer of prisoners to other facilities
§ 53.1-67. Admission to facility; good conduct allowance restricted
§ 53.1-67.3. Establishment of system
§ 53.1-67.4. Authority of Director; purchase of services authorized; location and notification
§ 53.1-67.5. Director to prescribe standards
§ 53.1-67.9. Establishment of community corrections alternative program; supervision upon completion