A. An adult or juvenile correctional facility, detention center or local jail shall use the least restrictive restraints necessary when the facility has actual or constructive knowledge that an inmate is in the second or third trimester of pregnancy. No restraints of any kind shall be used on an inmate who is in labor, delivering her baby or recuperating from the delivery unless there are compelling grounds to believe that the inmate presents:
(1) an immediate and serious threat of harm to herself, staff or others; or
(2) a substantial flight risk and cannot be reasonably contained by other means.
B. If an inmate who is in labor or who is delivering her baby is restrained, only the least restrictive restraints necessary to ensure safety and security shall be used.
History: Laws 2009, ch. 73, § 1.
Effective dates. — Laws 2009, ch. 73 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2009, 90 days after the adjournment of the legislature.
Structure New Mexico Statutes
Chapter 33 - Correctional Institutions
Article 1 - Corrections Department
Section 33-1-4.1 - Vulnerable offenders program; prevention of victimization.
Section 33-1-4.2 - Restraints on pregnant prisoners.
Section 33-1-5 - Director of corrections; employment.
Section 33-1-6 - Powers and duties of secretary.
Section 33-1-7 - Construction of applicable laws.
Section 33-1-8 - Earmarked funds.
Section 33-1-9 - Liberal interpretation.
Section 33-1-10 - Correctional officers; employees; acting as peace officers.
Section 33-1-11 - Correctional officer qualifications.
Section 33-1-12 - Corrections department; group life insurance.
Section 33-1-13 to 33-1-16 - Terminated.
Section 33-1-17 - Private contract.
Section 33-1-18 - Funds created.
Section 33-1-19 - Use of funds.
Section 33-1-20 - Transfers authorized.
Section 33-1-22 - Correctional facilities; care coordination.
Section 33-1-23 - Correctional facilities; breastfeeding and lactation policies.