Restraint of incarcerated persons.
Vote required
Majority
Fiscal committee
No
Appropriation
No
Current location
Public Safety
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Progress
Where this bill stands in the legislative process.
- Introduced
- Passed Assembly
- Passed Senate
- To Governor
- Became Law
Overview
This bill aims to improve the care of incarcerated individuals by prohibiting the use of mechanical restraints, such as handcuffs and chains, while they are receiving medical care in hospitals. It requires hospitals to initiate a medical restraint process if an immediate physical threat exists and allows mechanical restraints only if an incarcerated person attempts to escape, subject to specific requirements. The bill also updates standards for local correctional facilities and juvenile facilities regarding restraint practices and mandates reimbursement for any state-mandated costs.
Key provisions
- Prohibits the use of mechanical restraints on incarcerated patients receiving medical care in hospitals, except in cases of immediate physical threat.
- Allows mechanical restraints only if an incarcerated patient attempts to escape, with specific documentation and reassessment requirements.
- Requires hospitals to initiate a medical restraint process when an immediate physical threat exists.
- Updates standards for local correctional facilities and juvenile facilities regarding restraint use.
- Establishes definitions for key terms, including ‘mechanical restraints’ and ‘immediate physical threat.’
- Requires documentation of restraint use, including justification and reassessment periods.
- Provides that restraints are not permitted during transportation unless necessary for safety.
- Mandates reimbursement to local agencies for any state-mandated costs associated with the bill.
Bill text
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Sponsors
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1 on record
Primary sponsor
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