{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/53.1-40.12.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/53.1-40.12.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/53.1-40.12.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/53.1-40.12.html"}],"law_id":82271,"edition_id":1,"section_id":82271,"structure_id":15606,"section_number":"53.1-40.12","catch_line":"Treatment of prisoners known to be pregnant","history":"2020, c. 526.","full_text":"A\n\nThe 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\n\nNo 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\n\nNo 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\n\nThe 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\n\nThe 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\n\nThe 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.","order_by":null,"text":{"0":{"id":294819,"text":"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.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":294820,"text":"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.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":294821,"text":"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.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":294822,"text":"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.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":294823,"text":"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.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":294824,"text":"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.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":15606,"edition_id":1,"name":"Treatment and Control of Prisoners Known to Be Pregnant","identifier":"2.2","label":"article","depth":3,"order_by":1,"parent_id":12718,"metadata":{},"date_created":"2026-06-26 03:56:48","date_modified":"2026-06-26 03:56:48","permalink":{"id":238077,"object_type":"structure","relational_id":15606,"identifier":"2.2","token":"53.1\/2\/2.2","url":"\/53.1\/2\/2.2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12718,"edition_id":1,"name":"State Correctional Facilities","identifier":"2","label":"chapter","depth":2,"order_by":1,"parent_id":12717,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":237861,"object_type":"structure","relational_id":12718,"identifier":"2","token":"53.1\/2","url":"\/53.1\/2\/","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":69112,"structure_id":15606,"section_number":"53.1-40.11","catch_line":"Definitions","url":"\/53.1-40.11\/","token":"53.1\/2\/2.2\/53.1-40.11","metadata":false},{"id":82271,"structure_id":15606,"section_number":"53.1-40.12","catch_line":"Treatment of prisoners known to be pregnant","url":"\/53.1-40.12\/","token":"53.1\/2\/2.2\/53.1-40.12","metadata":false},{"id":59563,"structure_id":15606,"section_number":"53.1-40.13","catch_line":"Treatment of prisoners during postpartum recovery","url":"\/53.1-40.13\/","token":"53.1\/2\/2.2\/53.1-40.13","metadata":false},{"id":64091,"structure_id":15606,"section_number":"53.1-40.14","catch_line":"Reporting requirement","url":"\/53.1-40.14\/","token":"53.1\/2\/2.2\/53.1-40.14","metadata":false},{"id":63986,"structure_id":15606,"section_number":"53.1-40.15","catch_line":"Training of correctional facility employees regarding pregnant inmates","url":"\/53.1-40.15\/","token":"53.1\/2\/2.2\/53.1-40.15","metadata":false},{"id":67855,"structure_id":15606,"section_number":"53.1-40.16","catch_line":"Education for pregnant prisoners","url":"\/53.1-40.16\/","token":"53.1\/2\/2.2\/53.1-40.16","metadata":false}],"previous_section":{"id":69112,"structure_id":15606,"section_number":"53.1-40.11","catch_line":"Definitions","url":"\/53.1-40.11\/","token":"53.1\/2\/2.2\/53.1-40.11","metadata":false},"next_section":{"id":59563,"structure_id":15606,"section_number":"53.1-40.13","catch_line":"Treatment of prisoners during postpartum recovery","url":"\/53.1-40.13\/","token":"53.1\/2\/2.2\/53.1-40.13","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/53.1-40.12\/","history_text":"

This law was first created in 2020. The record of its establishment is cataloged in chapter 526<\/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":[{"id":64091,"section_number":"53.1-40.14","catch_line":"Reporting requirement","order_by":null,"url":"\/53.1-40.14\/"}],"refers_to":false,"permalink":{"id":238083,"object_type":"law","relational_id":82271,"identifier":"53.1-40.12","token":"53.1\/2\/2.2\/53.1-40.12","url":"\/53.1-40.12\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/53.1-40.12\/","token":"53.1\/2\/2.2\/53.1-40.12","dublin_core":{"Title":"Treatment of prisoners known to be pregnant","Type":"Text","Format":"text\/html","Identifier":"\u00a7 53.1-40.12","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The following restraints<\/span> 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<\/span>, (ii) handcuffs or other wrist restraints<\/span>, except to restrain the prisoner’s wrists in front of her, or (iii) restraints<\/span> 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<\/span> are used, such restraints<\/span> shall be the least restrictive possible. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> No restraints<\/span> 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<\/span> are used, such restraints<\/span> shall be the least restrictive possible. In such case, the employee ordering the use of restraints<\/span> 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<\/span> within 72 hours following the use of restraints<\/span>, containing the justification for restraining the prisoner. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> No employee of the Department<\/span> 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<\/span> within 72 hours following the body cavity search, containing the justification for the search and what contraband was found, if any. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The Department<\/span> shall not place any prisoner known to be pregnant in restrictive housing<\/span> or solitary confinement<\/span> unless an employee of the Department<\/span> 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<\/span> or solitary confinement<\/span> shall submit a written report to the warden or other official in charge of the state correctional facility<\/span> within 72 hours following the transfer, containing the justification for confining the prisoner in restrictive housing<\/span> or solitary confinement<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The Department<\/span> 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The Department<\/span> 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. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nTREATMENT OF PRISONERS KNOWN TO BE PREGNANT (\u00a7 53.1-40.12)\n\nA. The following restraints shall not be used on any prisoner known to be\npregnant upon notification or diagnosis of the pregnancy and for the duration of\nthe pregnancy, unless there is an individualized determination that the prisoner\nwill harm herself, the fetus, the newborn child, or any other person or poses a\nsubstantial flight risk: (i) leg restraints, (ii) handcuffs or other wrist\nrestraints, except to restrain the prisoner’s wrists in front of her, or\n(iii) restraints connected to other inmates. If there is an individualized\ndetermination that the prisoner will harm herself, the fetus, the newborn child,\nor any other person or poses a substantial flight risk and restraints are used,\nsuch restraints shall be the least restrictive possible.\n\nB. No restraints shall be used on any prisoner known to be pregnant while in\nlabor or during delivery unless there is an individualized determination that\nthe prisoner will harm herself, the fetus, the newborn child, or any other\nperson or poses a substantial flight risk. If there is an individualized\ndetermination that the prisoner will harm herself, the fetus, the newborn child,\nor any other person or poses a substantial flight risk and restraints are used,\nsuch restraints shall be the least restrictive possible. In such case, the\nemployee ordering the use of restraints on any prisoner known to be pregnant\nwhile in labor or during delivery shall submit a written report to the warden or\nother official in charge of the state correctional facility within 72 hours\nfollowing the use of restraints, containing the justification for restraining\nthe prisoner.\n\nC. No employee of the Department other than a licensed health care professional\nshall conduct body cavity searches of prisoners known to be pregnant unless the\nemployee has a reasonable belief that the prisoner is concealing contraband. In\nsuch case, the employee shall submit a written report to the warden or other\nofficial in charge of the state correctional facility within 72 hours following\nthe body cavity search, containing the justification for the search and what\ncontraband was found, if any.\n\nD. The Department shall not place any prisoner known to be pregnant in\nrestrictive housing or solitary confinement unless an employee of the Department\nhas a reasonable belief that the inmate will harm herself, the fetus, the\nnewborn child, or any other person or poses a substantial flight risk. In such\ncase, the employee authorizing the placement of the inmate in restrictive\nhousing or solitary confinement shall submit a written report to the warden or\nother official in charge of the state correctional facility within 72 hours\nfollowing the transfer, containing the justification for confining the prisoner\nin restrictive housing or solitary confinement.\n\nE. The Department shall ensure that prisoners known to be pregnant are provided\nsufficient food and dietary supplements as ordered by a licensed physician or\nphysician staff member to meet generally accepted prenatal nutritional\nguidelines for pregnant women.\n\nF. The Department shall not assign any prisoner known to be pregnant to any bed\nthat is elevated more than three feet from the floor of the facility.\n\nHISTORY: 2020, c. 526.","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}}