{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/53.1-40.13.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/53.1-40.13.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/53.1-40.13.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/53.1-40.13.html"}],"law_id":59563,"edition_id":1,"section_id":59563,"structure_id":15606,"section_number":"53.1-40.13","catch_line":"Treatment of prisoners during postpartum recovery","history":"2020, c. 526.","full_text":"A\n\nNo restraints shall be used on any prisoner who is in postpartum recovery, unless an employee of the Department has a reasonable belief that the prisoner will harm herself, her newborn child, or any other person or poses a substantial flight risk. If there is a reasonable belief that the prisoner will harm herself, her 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 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 justification for restraining the prisoner.B\n\nThe Department shall not place any prisoner who has given birth in the past 30 days and is in postpartum recovery in restrictive housing or solitary confinement unless an employee of the Department has a reasonable belief that the inmate will harm herself, her 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.C\n\nFollowing the delivery of a newborn child by a prisoner, the Department shall permit the newborn child to remain with the mother for 72 hours 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. During the 72 hours, the Department shall make available the necessary nutritional and hygiene products to care for the newborn child, including diapers, and the necessary postpartum recovery products for the mother. If the prisoner qualifies as indigent, such products shall be provided without cost.","order_by":null,"text":{"0":{"id":218189,"text":"No restraints shall be used on any prisoner who is in postpartum recovery, unless an employee of the Department has a reasonable belief that the prisoner will harm herself, her newborn child, or any other person or poses a substantial flight risk. If there is a reasonable belief that the prisoner will harm herself, her 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 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 justification for restraining the prisoner.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":218190,"text":"The Department shall not place any prisoner who has given birth in the past 30 days and is in postpartum recovery in restrictive housing or solitary confinement unless an employee of the Department has a reasonable belief that the inmate will harm herself, her 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":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":218191,"text":"Following the delivery of a newborn child by a prisoner, the Department shall permit the newborn child to remain with the mother for 72 hours 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. During the 72 hours, the Department shall make available the necessary nutritional and hygiene products to care for the newborn child, including diapers, and the necessary postpartum recovery products for the mother. If the prisoner qualifies as indigent, such products shall be provided without cost.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/53.1-40.13\/","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":238087,"object_type":"law","relational_id":59563,"identifier":"53.1-40.13","token":"53.1\/2\/2.2\/53.1-40.13","url":"\/53.1-40.13\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/53.1-40.13\/","token":"53.1\/2\/2.2\/53.1-40.13","dublin_core":{"Title":"Treatment of prisoners during postpartum recovery","Type":"Text","Format":"text\/html","Identifier":"\u00a7 53.1-40.13","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 an employee of the Department<\/span> has a reasonable belief that the prisoner will harm herself, her newborn child, or any other person or poses a substantial flight risk. If there is a reasonable belief that the prisoner will harm herself, her 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> 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 justification for restraining the prisoner. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Department<\/span> shall not place any prisoner who has given birth in the past 30 days and is in postpartum recovery<\/span> 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, her 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

C.<\/span> Following the delivery of a newborn child by a prisoner, the Department<\/span> shall permit the newborn child to remain with the mother for 72 hours 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. During the 72 hours, the Department<\/span> shall make available the necessary nutritional and hygiene products to care for the newborn child, including diapers, and the necessary postpartum recovery<\/span> products for the mother. If the prisoner qualifies as indigent<\/span>, such products shall be provided without cost. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nTREATMENT OF PRISONERS DURING POSTPARTUM RECOVERY (\u00a7 53.1-40.13)\n\nA. No restraints shall be used on any prisoner who is in postpartum recovery,\nunless an employee of the Department has a reasonable belief that the prisoner\nwill harm herself, her newborn child, or any other person or poses a substantial\nflight risk. If there is a reasonable belief that the prisoner will harm\nherself, her newborn child, or any other person or poses a substantial flight\nrisk and restraints are used, such restraints shall be the least restrictive\npossible. In such case, the employee ordering the use of restraints shall submit\na written report to the warden or other official in charge of the state\ncorrectional facility within 72 hours following the use of restraints,\ncontaining justification for restraining the prisoner.\n\nB. The Department shall not place any prisoner who has given birth in the past\n30 days and is in postpartum recovery in restrictive housing or solitary\nconfinement unless an employee of the Department has a reasonable belief that\nthe inmate will harm herself, her newborn child, or any other person or poses a\nsubstantial flight risk. In such case, the employee authorizing the placement of\nthe inmate in restrictive housing or solitary confinement shall submit a written\nreport to the warden or other official in charge of the state correctional\nfacility within 72 hours following the transfer, containing the justification\nfor confining the prisoner in restrictive housing or solitary confinement.\n\nC. Following the delivery of a newborn child by a prisoner, the Department shall\npermit the newborn child to remain with the mother for 72 hours unless a\nlicensed medical or mental health care professional has a reasonable belief that\nthe newborn child remaining with the mother poses a health or safety risk to the\nnewborn child. During the 72 hours, the Department shall make available the\nnecessary nutritional and hygiene products to care for the newborn child,\nincluding diapers, and the necessary postpartum recovery products for the\nmother. If the prisoner qualifies as indigent, such products shall be provided\nwithout cost.\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}}