{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/53.1-133.08.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/53.1-133.08.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/53.1-133.08.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/53.1-133.08.html"}],"law_id":56003,"edition_id":1,"section_id":56003,"structure_id":14545,"section_number":"53.1-133.08","catch_line":"Treatment of prisoners during postpartum recovery","history":"2025, c. 698.","full_text":"A\n\nNo restraints shall be used on any prisoner who is in postpartum recovery unless a deputy sheriff or jail officer makes an individualized determination that (i) such prisoner will harm herself, the fetus, the newborn child, or any other person; (ii) such prisoner poses a flight risk; or (iii) the totality of the circumstances creates a serious security risk. If such individualized determination is made that restraints are necessary, the deputy sheriff or jail officer shall consult with the health care provider treating such prisoner to ensure that such restraints are the least restrictive possible. In such case, the deputy sheriff or jail officer ordering the use of restraints shall notify a supervisor as soon as reasonably practicable and shall submit a report indicating the reason for the use of such restraints and what type of restraints were used no later than the conclusion of such deputy sheriff’s or jail officer’s shift. The supervisor shall submit a written report to the sheriff in charge of the local correctional facility, or his designee, or the jail superintendent of the regional correctional facility, or his designee, within 72 hours following the use of restraints, containing justification for restraining the prisoner. If restraints are used on a prisoner as authorized by this subsection, such restraints shall be immediately removed upon the request of any doctor, nurse, or other health care provider treating such prisoner if the restraints present a threat to the life or health of the prisoner, the fetus, or the newborn child.B\n\nFollowing the delivery of a newborn child by a prisoner, the sheriff or jail superintendent shall permit the newborn child to remain with the mother until discharge from the health care facility unless a licensed medical or mental health care professional has a reasonable belief that the newborn child remaining with the mother poses a health or safety risk to the newborn child.","order_by":null,"text":{"0":{"id":205196,"text":"No restraints shall be used on any prisoner who is in postpartum recovery unless a deputy sheriff or jail officer makes an individualized determination that (i) such prisoner will harm herself, the fetus, the newborn child, or any other person; (ii) such prisoner poses a flight risk; or (iii) the totality of the circumstances creates a serious security risk. If such individualized determination is made that restraints are necessary, the deputy sheriff or jail officer shall consult with the health care provider treating such prisoner to ensure that such restraints are the least restrictive possible. In such case, the deputy sheriff or jail officer ordering the use of restraints shall notify a supervisor as soon as reasonably practicable and shall submit a report indicating the reason for the use of such restraints and what type of restraints were used no later than the conclusion of such deputy sheriff’s or jail officer’s shift. The supervisor shall submit a written report to the sheriff in charge of the local correctional facility, or his designee, or the jail superintendent of the regional correctional facility, or his designee, within 72 hours following the use of restraints, containing justification for restraining the prisoner. If restraints are used on a prisoner as authorized by this subsection, such restraints shall be immediately removed upon the request of any doctor, nurse, or other health care provider treating such prisoner if the restraints present a threat to the life or health of the prisoner, the fetus, or the newborn child.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":205197,"text":"Following the delivery of a newborn child by a prisoner, the sheriff or jail superintendent shall permit the newborn child to remain with the mother until discharge from the health care facility unless a licensed medical or mental health care professional has a reasonable belief that the newborn child remaining with the mother poses a health or safety risk to the newborn child.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":14545,"edition_id":1,"name":"Treatment of Prisoners Known to Be Pregnant","identifier":"7.1","label":"article","depth":3,"order_by":1,"parent_id":12847,"metadata":{},"date_created":"2026-06-26 03:48:36","date_modified":"2026-06-26 03:48:36","permalink":{"id":238829,"object_type":"structure","relational_id":14545,"identifier":"7.1","token":"53.1\/3\/7.1","url":"\/53.1\/3\/7.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12847,"edition_id":1,"name":"Local Correctional Facilities","identifier":"3","label":"chapter","depth":2,"order_by":1,"parent_id":12717,"metadata":{},"date_created":"2026-06-26 03:43:56","date_modified":"2026-06-26 03:43:56","permalink":{"id":238281,"object_type":"structure","relational_id":12847,"identifier":"3","token":"53.1\/3","url":"\/53.1\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12717,"edition_id":1,"name":"Prisons and Other Methods of Correction","identifier":"53.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":237591,"object_type":"structure","relational_id":12717,"identifier":"53.1","token":"53.1","url":"\/53.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":82363,"structure_id":14545,"section_number":"53.1-133.06","catch_line":"Definitions","url":"\/53.1-133.06\/","token":"53.1\/3\/7.1\/53.1-133.06","metadata":false},{"id":85901,"structure_id":14545,"section_number":"53.1-133.07","catch_line":"Treatment of prisoners known to be pregnant","url":"\/53.1-133.07\/","token":"53.1\/3\/7.1\/53.1-133.07","metadata":false},{"id":56003,"structure_id":14545,"section_number":"53.1-133.08","catch_line":"Treatment of prisoners during postpartum recovery","url":"\/53.1-133.08\/","token":"53.1\/3\/7.1\/53.1-133.08","metadata":false},{"id":71668,"structure_id":14545,"section_number":"53.1-133.09","catch_line":"Training of deputy sheriffs and jail officers regarding pregnant prisoners","url":"\/53.1-133.09\/","token":"53.1\/3\/7.1\/53.1-133.09","metadata":false}],"previous_section":{"id":85901,"structure_id":14545,"section_number":"53.1-133.07","catch_line":"Treatment of prisoners known to be pregnant","url":"\/53.1-133.07\/","token":"53.1\/3\/7.1\/53.1-133.07","metadata":false},"next_section":{"id":71668,"structure_id":14545,"section_number":"53.1-133.09","catch_line":"Training of deputy sheriffs and jail officers regarding pregnant prisoners","url":"\/53.1-133.09\/","token":"53.1\/3\/7.1\/53.1-133.09","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/53.1-133.08\/","history_text":"

This law was first created in 2025. The record of its establishment is cataloged in chapter 698<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":false,"permalink":{"id":238839,"object_type":"law","relational_id":56003,"identifier":"53.1-133.08","token":"53.1\/3\/7.1\/53.1-133.08","url":"\/53.1-133.08\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/53.1-133.08\/","token":"53.1\/3\/7.1\/53.1-133.08","dublin_core":{"Title":"Treatment of prisoners during postpartum recovery","Type":"Text","Format":"text\/html","Identifier":"\u00a7 53.1-133.08","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> No restraints<\/span> shall be used on any prisoner who is in postpartum recovery<\/span> unless a deputy sheriff<\/span> or jail officer<\/span> makes an individualized determination that (i) such prisoner will harm herself, the fetus, the newborn child, or any other person; (ii) such prisoner poses a flight risk; or (iii) the totality of the circumstances creates a serious security risk. If such individualized determination is made that restraints<\/span> are necessary, the deputy sheriff<\/span> or jail officer<\/span> shall consult with the health care provider treating such prisoner to ensure that such restraints<\/span> are the least restrictive possible. In such case, the deputy sheriff<\/span> or jail officer<\/span> ordering the use of restraints<\/span> shall notify a supervisor as soon as reasonably practicable and shall submit a report indicating the reason for the use of such restraints<\/span> and what type of restraints<\/span> were used no later than the conclusion of such deputy sheriff<\/span>’s or jail officer<\/span>’s shift. The supervisor shall submit a written report to the sheriff in charge of the local correctional facility<\/span>, or his designee, or the jail superintendent of the regional correctional facility, or his designee, within 72 hours following the use of restraints<\/span>, containing justification for restraining the prisoner. If restraints<\/span> are used on a prisoner as authorized by this subsection, such restraints<\/span> shall be immediately removed upon the request of any doctor, nurse, or other health care provider treating such prisoner if the restraints<\/span> present a threat to the life or health of the prisoner, the fetus, or the newborn child. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Following the delivery of a newborn child by a prisoner, the sheriff or jail superintendent shall permit the newborn child to remain with the mother until discharge from the health care facility unless a licensed medical or mental health care professional has a reasonable belief that the newborn child remaining with the mother poses a health or safety risk to the newborn child. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nTREATMENT OF PRISONERS DURING POSTPARTUM RECOVERY (\u00a7 53.1-133.08)\n\nA. No restraints shall be used on any prisoner who is in postpartum recovery\nunless a deputy sheriff or jail officer makes an individualized determination\nthat (i) such prisoner will harm herself, the fetus, the newborn child, or any\nother person; (ii) such prisoner poses a flight risk; or (iii) the totality of\nthe circumstances creates a serious security risk. If such individualized\ndetermination is made that restraints are necessary, the deputy sheriff or jail\nofficer shall consult with the health care provider treating such prisoner to\nensure that such restraints are the least restrictive possible. In such case,\nthe deputy sheriff or jail officer ordering the use of restraints shall notify a\nsupervisor as soon as reasonably practicable and shall submit a report\nindicating the reason for the use of such restraints and what type of restraints\nwere used no later than the conclusion of such deputy sheriff’s or jail\nofficer’s shift. The supervisor shall submit a written report to the\nsheriff in charge of the local correctional facility, or his designee, or the\njail superintendent of the regional correctional facility, or his designee,\nwithin 72 hours following the use of restraints, containing justification for\nrestraining the prisoner. If restraints are used on a prisoner as authorized by\nthis subsection, such restraints shall be immediately removed upon the request\nof any doctor, nurse, or other health care provider treating such prisoner if\nthe restraints present a threat to the life or health of the prisoner, the\nfetus, or the newborn child.\n\nB. Following the delivery of a newborn child by a prisoner, the sheriff or jail\nsuperintendent shall permit the newborn child to remain with the mother until\ndischarge from the health care facility unless a licensed medical or mental\nhealth care professional has a reasonable belief that the newborn child\nremaining with the mother poses a health or safety risk to the newborn child.\n\nHISTORY: 2025, c. 698.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}