                                 CODE OF VIRGINIA

TREATMENT OF PRISONERS KNOWN TO BE PREGNANT (§ 53.1-133.07)

A. No restraints 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&#8217;s pregnancy, unless a deputy sheriff
or jail officer 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 restraints are
necessary, such restraints shall be the least restrictive possible.

B. No restraints shall be used on any prisoner known to be pregnant while such
prisoner is in labor or during delivery 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 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 restraints and
what type of restraints were used no later than the conclusion of such deputy
sheriff&#8217;s or jail officer&#8217;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 the
justification for restraining such prisoner. If restraints are used on a
prisoner as authorized by subsection A or 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.

C. 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.

D. 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&#8217;s staff.

E. A prisoner known to be pregnant shall be assigned to the lowest bed
available.

HISTORY: 2025, c. 698.