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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>85901</law_id><section_number>53.1-133.07</section_number><catch_line>Treatment of prisoners known to be pregnant</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><structure><unit label="title" level="1" order_by="1" identifier="53.1">Prisons and Other Methods of Correction</unit><unit label="chapter" level="2" order_by="1" identifier="3">Local Correctional Facilities</unit><unit label="article" level="3" order_by="1" identifier="7.1">Treatment of Prisoners Known to Be Pregnant</unit></structure><text>
						<section id="A"><p><span class="prefix-number">A.</span> No <span class="dictionary">restraints</span> shall be used on any prisoner known to be pregnant, beginning upon notification or diagnosis by a health care provider about such pregnancy and for the duration of such prisoner&#x2019;s pregnancy, unless a <span class="dictionary">deputy sheriff</span> or <span class="dictionary">jail officer</span> makes an individualized determination that (i) such prisoner will harm herself, the fetus, 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 <span class="dictionary">restraints</span> are necessary, such <span class="dictionary">restraints</span> shall be the least restrictive possible. <a id="paragraph-307691" class="section-permalink" href="https://vacode.org/53.1-133.07/#A"><i class="fa fa-link"/></a></p></section>
						<section id="B"><p><span class="prefix-number">B.</span> No <span class="dictionary">restraints</span> shall be used on any prisoner known to be pregnant while such prisoner is in labor or during delivery unless a <span class="dictionary">deputy sheriff</span> or <span class="dictionary">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 <span class="dictionary">restraints</span> are necessary, the <span class="dictionary">deputy sheriff</span> or <span class="dictionary">jail officer</span> shall consult with the health care provider treating such prisoner to ensure that such <span class="dictionary">restraints</span> are the least restrictive possible. In such case, the <span class="dictionary">deputy sheriff</span> or <span class="dictionary">jail officer</span> ordering the use of <span class="dictionary">restraints</span> on any prisoner known to be pregnant while in labor or during delivery shall notify a supervisor as soon as reasonably practicable and shall submit a report indicating the reason for the use of such <span class="dictionary">restraints</span> and what type of <span class="dictionary">restraints</span> were used no later than the conclusion of such <span class="dictionary">deputy sheriff</span>&#x2019;s or <span class="dictionary">jail officer</span>&#x2019;s shift. The supervisor shall submit a written report to the sheriff in charge of the <span class="dictionary">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 <span class="dictionary">restraints</span>, containing the justification for restraining such prisoner. If <span class="dictionary">restraints</span> are used on a prisoner as authorized by subsection A or this subsection, such <span class="dictionary">restraints</span> shall be immediately removed upon the request of any doctor, nurse, or other health care provider treating such prisoner if the <span class="dictionary">restraints</span> present a threat to the life or health of the prisoner, the fetus, or the newborn child. <a id="paragraph-307692" class="section-permalink" href="https://vacode.org/53.1-133.07/#B"><i class="fa fa-link"/></a></p></section>
						<section id="C"><p><span class="prefix-number">C.</span> No employee of a local or regional correctional facility other than a licensed health care provider shall conduct a body cavity search of a prisoner known to be pregnant unless the employee has a reasonable belief that such prisoner is concealing contraband. If an employee conducts such body cavity search of a pregnant prisoner, the employee shall submit a written report to the sheriff or jail superintendent in charge of such correctional facility within 72 hours of such body cavity search and shall include in such report the justification for such body cavity search and what contraband was found, if any. <a id="paragraph-307693" class="section-permalink" href="https://vacode.org/53.1-133.07/#C"><i class="fa fa-link"/></a></p></section>
						<section id="D"><p><span class="prefix-number">D.</span> The sheriff or jail superintendent of a local or regional correctional facility shall ensure that prisoners known to be pregnant are provided sufficient food and dietary supplements that meet generally accepted prenatal nutritional guidelines for pregnant people as ordered by a licensed health care provider or such health care provider&#x2019;s staff. <a id="paragraph-307694" class="section-permalink" href="https://vacode.org/53.1-133.07/#D"><i class="fa fa-link"/></a></p></section>
						<section id="E"><p><span class="prefix-number">E.</span> A prisoner known to be pregnant shall be assigned to the lowest bed available. <a id="paragraph-307695" class="section-permalink" href="https://vacode.org/53.1-133.07/#E"><i class="fa fa-link"/></a></p></section></text><history>2025, c. 698.</history><metadata></metadata></law>
