                                 CODE OF VIRGINIA

TREATMENT OF PRISONERS DURING POSTPARTUM RECOVERY (§ 53.1-133.08)

A. 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&#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 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. 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.

HISTORY: 2025, c. 698.