                                 CODE OF VIRGINIA

TREATMENT OF PRISONERS DURING POSTPARTUM RECOVERY (§ 53.1-40.13)

A. 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.

B. 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.

C. 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.

HISTORY: 2020, c. 526.