RCW 72.09.651
Use of restraints on pregnant women or youth in custody—Allowed in extraordinary circumstances.
(1) Except in extraordinary circumstances, no restraints of any kind may be used on any pregnant woman or youth incarcerated in a correctional facility during transportation to and from visits to medical providers and court proceedings during the third trimester of her pregnancy, or during postpartum recovery. For purposes of this section, "extraordinary circumstances" exist where a corrections officer makes an individualized determination that restraints are necessary to prevent an incarcerated pregnant woman or youth from escaping, or from injuring herself, medical or correctional personnel, or others. In the event the corrections officer determines that extraordinary circumstances exist and restraints are used, the corrections officer must fully document in writing the reasons that he or she determined such extraordinary circumstances existed such that restraints were used. As part of this documentation, the corrections officer must also include the kind of restraints used and the reasons those restraints were considered the least restrictive available and the most reasonable under the circumstances.
(2) While the pregnant woman or youth is in labor or in childbirth no restraints of any kind may be used. Nothing in this section affects the use of hospital restraints requested for the medical safety of a patient by treating physicians licensed under Title 18 RCW.
(3) Anytime restraints are permitted to be used on a pregnant woman or youth, the restraints must be the least restrictive available and the most reasonable under the circumstances, but in no case shall leg irons or waist chains be used on any woman or youth known to be pregnant.
(4) No correctional personnel shall be present in the room during the pregnant woman's or youth's labor or childbirth, unless specifically requested by medical personnel. If the employee's presence is requested by medical personnel, the employee should be female, if practicable.
(5) If the doctor, nurse, or other health professional treating the pregnant woman or youth requests that restraints not be used, the corrections officer accompanying the pregnant woman or youth shall immediately remove all restraints.
[ 2010 c 181 § 2.]
Structure Revised Code of Washington
Chapter 72.09 - Department of Corrections.
72.09.010 - Legislative intent.
72.09.030 - Department created—Secretary.
72.09.040 - Transfer of functions from department of social and health services.
72.09.050 - Powers and duties of secretary.
72.09.055 - Affordable housing—Inventory of suitable property.
72.09.057 - Fees for reproduction, shipment, and certification of documents and records.
72.09.060 - Organization of department—Program for public involvement and volunteers.
72.09.070 - Correctional industries advisory committee—Recommendations.
72.09.090 - Correctional industries account—Expenditure—Profits—Appropriations.
72.09.095 - Transfer of funds to department of labor and industries for crime victims' compensation.
72.09.100 - Inmate work program—Classes of work programs—Participation—Benefits.
72.09.101 - Inmate work program—Administrators' duty.
72.09.104 - Prison work programs to operate automated data input and retrieval systems.
72.09.106 - Subcontracting of data input and microfilm capacities.
72.09.116 - Information obtained under RCW 72.09.115 exempt from public disclosure.
72.09.120 - Distribution of list of inmate job opportunities.
72.09.130 - Incentive system for participation in education and work programs—Rules—Dissemination.
72.09.135 - Adoption of standards for correctional facilities.
72.09.190 - Legal services for inmates.
72.09.200 - Transfer of files, property, and appropriations.
72.09.210 - Transfer of employees.
72.09.220 - Employee rights under collective bargaining.
72.09.225 - Sexual misconduct by state employees, contractors.
72.09.230 - Duties continued during transition.
72.09.240 - Reimbursement of employees for offender assaults.
72.09.251 - Communicable disease prevention guidelines.
72.09.260 - Litter cleanup programs—Requirements.
72.09.270 - Individual reentry plan.
72.09.275 - Duty to notify of process for restoration of voting rights.
72.09.280 - Community justice centers.
72.09.285 - Rental voucher list—Housing providers.
72.09.290 - Correctional facility siting list.
72.09.300 - Local law and justice council—Rules.
72.09.310 - Community custody violator.
72.09.311 - Confinement of community custody violators.
72.09.315 - Court-ordered treatment—Violations—Required notifications.
72.09.320 - Community placement—Liability.
72.09.333 - Sex offenders—Facilities on McNeil Island.
72.09.335 - Sex offenders—Treatment assessment and opportunity.
72.09.337 - Sex offenders—Rules regarding.
72.09.380 - Rule making—Medicaid—Secretary of corrections—Director of health care authority.
72.09.400 - Work ethic camp program—Findings—Intent.
72.09.410 - Work ethic camp program—Generally.
72.09.465 - Postsecondary degree education programs.
72.09.467 - Postsecondary degree education programs—Reports to the legislature.
72.09.469 - Postsecondary degree education programs—Study.
72.09.470 - Inmate contributions for cost of privileges—Standards.
72.09.490 - Policy on extended family visitation.
72.09.495 - Incarcerated parents—Policies to encourage family contact and engagement.
72.09.500 - Prohibition on weight-lifting.
72.09.520 - Limitation on purchase of televisions.
72.09.530 - Prohibition on receipt or possession of contraband—Rules.
72.09.540 - Inmate name change—Limitations on use—Penalty.
72.09.560 - Camp for alien offenders.
72.09.580 - Offender records and reports.
72.09.588 - Pregnant inmates—Midwifery or doula services—Reasonable accommodations.
72.09.600 - Rules—Chapter 196, Laws of 1999.
72.09.620 - Extraordinary medical placement—Reports.
72.09.630 - Custodial sexual misconduct—Investigation of allegations.
72.09.650 - Use of force by limited authority Washington peace officers—Detention of persons.
72.09.670 - Gang involvement among incarcerated offenders—Intervention programs—Study.
72.09.680 - Statewide security advisory committee.
72.09.682 - Multidisciplinary teams—Inmate job assignments.
72.09.684 - Training curriculum—Safety issues—Total confinement correctional facilities.
72.09.686 - Body alarms and proximity cards—Study and report.
72.09.688 - Video monitoring cameras—Study and report.
72.09.690 - Pepper spray—Plan for use.
72.09.710 - Drug offenders—Notice of release or escape.
72.09.716 - Prisoner escape, release, or furlough—Requests for notification.
72.09.718 - Prisoner escape, release, or furlough—Notification as additional requirement.
72.09.720 - Prisoner escape, release, or furlough—Consequences of failure to notify.
72.09.730 - Schools—Notice to designated recipient of offender release.
72.09.745 - Security threat groups—Information collection.
72.09.750 - Access to reentry programs and services for wrongly convicted persons.
72.09.755 - Department of corrections—Use of screening and assessment process.
72.09.760 - Facility commissary program—Access.
72.09.765 - Inmate access to telecommunication services—Contracting—Reporting.
72.09.770 - Unexpected fatality review—Records—Discovery.
72.09.775 - Body scanner program—Report to the governor and legislature.
72.09.900 - Effective date—1981 c 136.
72.09.902 - Construction—1981 c 136.
72.09.903 - Savings—1981 c 136.
72.09.904 - Construction—1999 c 196.
72.09.905 - Short title—1999 c 196.
72.09.906 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.