2024 Pa. Act 114 | Pennsylvania Act 2024-114 — JUDICIAL CODE (42 PA.C.S.) AND PRISONS AND PAROLE CODE (61 PA.C.S.) - OMNIBUS AMENDMENTS

Act text

JUDICIAL CODE (42 PA.C.S.) AND PRISONS AND PAROLE CODE (61 PA.C.S.) - OMNIBUS AMENDMENTS
	Act of Oct. 29, 2024, P.L. 1037, No. 114	Cl. 42

Session of 2024

No. 2024-114

HB 1509

AN ACT

Amending Titles 42 (Judiciary and Judicial Procedure) and Title 61 (Prisons and Parole) of the Pennsylvania Consolidated Statutes, in juvenile matters, providing for pregnant or postpartum restrictions, training, supports and reporting; in general administration relating to correctional institutions, further providing for State recording system relating to pregnant and postpartum incarcerated individuals or detainees; in county correctional institutions, further providing for establishment and for county recording system for pregnant and postpartum incarcerated individuals or detainees; repealing provisions relating to Department of Human Services facilities; and, in miscellaneous provisions relating to inmate confinement, further providing for healthy birth for incarcerated women, for cavity search and inspection restrictions, for training and education requirement and for postpartum recovery.

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

Section 1. Chapter 63 of Title 42 of the Pennsylvania Consolidated Statutes is amended by adding a subchapter to read:

SUBCHAPTER G

PREGNANT OR POSTPARTUM RESTRICTIONS, TRAINING,

SUPPORTS AND REPORTING

Sec.

6381. Definitions.

6382. Seclusion, exclusion and alternative methods of discipline.

6383. Body cavity search and inspection restrictions.

6384. Training and education requirement.

6385. Menstrual hygiene and incontinence products.

6386. Restraints, labor and postpartum recovery.

6387. Reports relating to pregnant or postpartum child.

§ 6381. Definitions.

The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Body cavity search." An invasive search of a child conducted by staff in search of contraband, excluding the nose, ears and mouth.

"Child." As follows:

(1) An individual who resides in an entity licensed or operated by the department and meets one of the following conditions:

(i) Is under 18 years of age.

(ii) Is under 21 years of age and committed an act of delinquency before reaching 18 years of age and remains under the jurisdiction of the juvenile court.

(iii) Was adjudicated dependent before reaching 18 years of age and, while engaged in instruction or treatment, requests the court to retain jurisdiction until the instruction or treatment is completed, but a child may not remain in a course of instruction or treatment past 21 years of age.

(iv) Has an intellectual disability, a mental illness or a serious emotional disturbance, with a transfer plan to move to an adult setting by 21 years of age.

(2) The term does not include a child in a foster family home as provided in 42 U.S.C. Ch. 7 Subch. IV (relating to grants to states for aid and services to needy families with children and for child-welfare services).

"Department." The Department of Human Services of the Commonwealth.

"Exclusion." As follows:

(1) A child's involuntary isolation or removal from the child's immediate environment and restricting the child alone to a room or area.

(2) The term does not include:

(i) Instances where facility staff remains in the exclusion area with the child.

(ii) A child voluntarily choosing to move to and remain by themselves in an area to self-regulate.

"Facility." Except as exempted by regulation, a premises or part of a premises serving children who are adjudicated either dependent or delinquent and meeting one of the following conditions:

(1) Operated for a portion of a 24-hour day in which alternative education, intervention or support programs are provided to one or more children to prevent a child's placement in a more restrictive setting or to facilitate the child's reunification with the child's family.

(2) Operated in a 24-hour living setting in which care is provided for one or more children who are not relatives of the facility operator.

"Health care professional." An individual who is licensed, certified or otherwise authorized or permitted by the laws of this Commonwealth to administer health care in the ordinary course of business or in the practice of a profession.

"Menstrual hygiene products." As follows:

(1) Products relating to bodily functions that are used during menstruation.

(2) The term includes tampons and sanitary pads.

"Postpartum." An eight-week period or a longer period as determined by the health care professional responsible for the health and safety of the child following childbirth.

"Restraints." Any physical or mechanical device used to restrict or control the movement of a child's body or limbs or both.

"Seclusion." Placing a child in a locked room with any type of door-locking device, such as key lock, spring lock, bolt lock, foot pressure lock or physically holding the door shut.

"Staff." An individual who is employed by a facility.

"State of undress." A state where a child is partially or fully naked, either in the shower, toilet areas, a medical examination room or while a body cavity search is being conducted.

"Substantial risk of imminent flight." A showing of real and considerable risk of escaping by a child from a facility.

"Trauma-informed approach." A strengths-based approach to service delivery and organizational structure that:

(1) Realizes the widespread impact of trauma, including historical trauma.

(2) Understands potential paths to recovery.

(3) Recognizes the signs and symptoms of trauma in a child, parent, legal guardian, staff or another involved in the system.

(4) Responds by fully integrating knowledge about trauma into policies, procedures, practices and relationships.

(5) Seeks to actively prevent retraumatization.

§ 6382. Seclusion, exclusion and alternative methods of discipline.

(a) Seclusion.--A pregnant or postpartum child may not be placed in seclusion in any facility in this Commonwealth.

(b) Alternative discipline.--Forms of discipline for a pregnant or postpartum child shall be limited to sanctions or other common forms of alternative discipline used in the United States.

(c) Exclusion.--A pregnant or postpartum child may be placed in exclusion only as a temporary response to behavior that poses a serious and immediate risk of physical harm to the pregnant or postpartum child, another child, staff or the unborn child of the pregnant child. The following apply:

(1) The decision to place a pregnant or postpartum child in exclusion under this subsection must be approved by the individual in charge of the facility.

(2) The rationale for the decision to use exclusion must be documented as required by section 6387 (relating to reports relating to pregnant or postpartum child).

(3) Periods of exclusion shall be in accordance with departmental regulations.

(d) Bed assignments.--The facility may not assign a pregnant child to any bed that is elevated more than three feet from the floor of the facility.

§ 6383. Body cavity search and inspection restrictions.

(a) Body cavity search and inspection restrictions.--To the greatest extent possible:

(1) Only a health care professional shall conduct an invasive body cavity search of a pregnant child.

(2) If a search is required, staff shall accommodate the child's stated preference regarding the gender of the staff to be present in the room during the search, except in cases of exigent circumstances as determined by the facility director or designee.

(b) Documentation requirement.--If a health care professional is required to perform an invasive body cavity search on a pregnant child, or the child's stated preference regarding the gender of the staff present in the room during a search while the child is in a state of undress is not met, staff shall submit a written report to the individual in charge of the facility within 72 hours following the body cavity search or inspection. The report under this subsection shall:

(1) Include the justification for performing the body cavity search or failing to honor the child's stated preference regarding the gender of the staff performing the inspection.

(2) Note if any contraband was found on the child.

(3) Be sent to the department.

§ 6384. Training and education requirement.

(a) Facility staff training.--Beginning December 31, 2025, the facility shall provide or arrange a training program for staff who have contact with a pregnant, laboring or postpartum child. The training program shall be related to the physical and mental health of the pregnant or postpartum child and unborn baby, including:

(1) The general care of a pregnant child.

(2) The impact of restraints on a pregnant child and unborn baby.

(3) The impact of being placed in exclusion on a pregnant child.

(4) The impact of invasive searches on a pregnant child.

(5) Any other pertinent information the department finds appropriate or necessary.

(b) Facility staff training exceptions.--If the facility prohibits the placement of a pregnant child as a matter of policy, the facility may submit a written exemption reporting that there is no risk of staff interacting with a pregnant child housed in the facility. The following apply:

(1) The exemption under this subsection shall apply only to the facility, not the individual staff of the facility.

(2) All facility staff that come in contact with a pregnant child shall complete the training under this section.

(3) If facility staff work at more than one institution, the staff must receive the required training at the nonexempt facility.

(c) Education programming for pregnant child.--Beginning December 31, 2025, the facility shall provide or arrange educational programming for a pregnant or postpartum child. The educational programming shall be related to:

(1) Medical screenings related to reproductive and overall health, including preventive screenings.

(2) Prenatal care.

(3) Pregnancy-specific hygiene.

(4) The impact of alcohol and drugs on the unborn baby.

(5) General health of the unborn baby.

(6) Any other pertinent information the department finds appropriate or necessary.

(d) Trauma-informed approach.--

(1) The individual in charge of a facility shall, as necessary, ensure that the facility provides a quality trauma-informed approach to a child.

(2) A trauma-informed approach for a child shall begin immediately upon the child's intake and assessment at a facility.

(3) Beginning December 31, 2025, facility staff shall receive no fewer than four hours of professional training related to trauma-informed approach, which shall include the following:

(i) Training to identify a child with trauma.

(ii) Training on how and when to refer a child to the proper health care professionals, including preventive health care and mental health care.

(iii) Training on how to interact with and empower a child who has experienced trauma.

§ 6385. Menstrual hygiene and incontinence products.

(a) Issuance of menstrual hygiene products.--

(1) A facility shall supply menstrual hygiene products to a child who is menstruating at no cost to the child, regardless of financial means.

(2) A child may not be required to show proof of need or to undergo a medical examination or obtain a medical permit, authorization or diagnosis to receive the products under subsections (b) and (c).

(b) Menstrual hygiene products provided.--A choice of at least two sizes or absorbencies of sanitary pads and tampons shall be available to a child who is menstruating in a facility or, if requested, from medical staff.

(c) Issuance of hygiene products related to bladder control and incontinence.--A supply of products for bladder control and incontinence, including adult diapers and protective undergarments, shall be provided to a child, including a postpartum child, who requires the products each month at no cost to the child, regardless of financial means.

§ 6386. Restraints, labor and postpartum recovery.

(a) Restraints.--

(1) No restraints shall be used on any child who meets any of the following unless the facility has a reasonable belief that the child will harm the child, the child's newborn or another individual or pose a substantial risk of imminent flight:

(i) Is in any stage of pregnancy, labor or delivery.

(ii) Has given birth within the last 30 days and is in postpartum recovery.

(iii) Is being transported to a medical facility as a result of any conditions under subparagraph (i) or (ii).

(2) If restraints are used, the staff ordering the use of restraints on a child shall submit a written report to the individual in charge of the facility within 72 hours following the use of the restraints, containing the justification for restraining the child during postpartum recovery. The report shall also be sent to the department.

(b) Specific requirements regarding restraints.--If restraint is applied under subsection (a), the following apply:

(1) At no time shall the child be left unattended by facility staff with the ability to release the restraint should a release become medically necessary.

(2) The facility staff accompanying the child shall promptly remove all restraints upon request of a health care professional.

(3) Leg or waist restraints shall not be used on any child who is in labor.

(c) Least restrictive restraint.--When a restraint is permitted under this section, a facility shall use the least restrictive restraint necessary.

(d) Postdelivery bonding period.--Subject to hospital policy, following the delivery of a newborn, the department shall permit the newborn to remain with the child at the hospital for up to 72 hours unless a health care professional has a reasonable belief that the newborn remaining with the child poses a health or safety risk to the newborn.

(e) Nutritional and hygiene products.--During the 72-hour period under subsection (d), the facility shall make available the necessary nutritional and hygiene products to care for the newborn.

§ 6387. Reports relating to pregnant or postpartum child.

(a) Requirement.--Within 30 days after the end of a fiscal year, a facility shall, in writing, annually report to the department on each restraint applied to a pregnant, laboring or postpartum child in the facility's custody. The following apply:

(1) The report shall note the number and type of restraints applied.

(2) The provisions of this subsection shall apply to any person tasked with transporting or housing a pregnant, laboring or postpartum child. In the case of any use of restraints on a pregnant, laboring or postpartum child by an individual or entity that is not employed by the facility but is transporting the child on behalf of the facility, the individual or entity shall report the restraint to the facility in a reasonable amount of time after the incident occurs.

(b) Contents of report.--Reports of each restraint or placement of a child as required under subsection (a) must include the following:

(1) The circumstances that led to the determination that the child represented a substantial risk of imminent flight.

(2) The circumstances that led to the determination that other extraordinary medical or security circumstances dictated that the child be restrained to ensure the safety and security of the child, the staff of the facility or medical facility, another child or the public.

(3) The date and time restraints were applied and the length of time the child was kept in restraints.

(4) The number and type of restraints used.

(5) Any physical effects on the child or the unborn baby of a child resulting from placement in the restraints.

(c) Staff presence during labor.--If staff presence is required, staff shall accommodate the child's stated preference regarding the gender of the staff to be present in the room during the examination, labor or delivery of the pregnant child, except in cases of exigent circumstances as determined by the facility director or designee.

(d) Availability of reports.--The nonidentifying data contained in the reports submitted to the department shall be posted on the department's publicly accessible Internet website annually. No identifying information, such as names or dates of birth, shall be posted.

Section 2. Section 1104(a), (c), (d), (e) and (f) of Title 61, amended December 14, 2023 (P.L.396, No.47), are amended to read:

§ 1104. State recording system relating to pregnant and postpartum incarcerated individuals or detainees.

(a) General rule.--A correctional institution shall, in writing, report each restraint applied to a pregnant, laboring or postpartum individual in the correctional institution's custody, as well as any instance where a pregnant, laboring or postpartum individual is placed in restrictive housing. The report shall note the number and type of restraints or, in the case of restrictive housing, the length of time the individual was placed in restrictive housing. The provisions of this subsection shall apply to any person tasked with transporting or housing incarcerated individuals or detainees. Reports shall be made as follows:

(1) A correctional institution [that is not operated, supervised or licensed by the Department of Human Services pursuant to the act of June 13, 1967 (P.L.31, No.21), known as the Human Services Code,] shall make the report to the secretary.

(2) [A correctional institution that is operated, supervised or licensed by the Department of Human Services pursuant to the Human Services Code shall make the report to the Secretary of Human Services.] (Reserved).

(c) Staff presence during labor.--Other than licensed medical professionals, only female staff shall be present in the room during the examination, labor or delivery of the pregnant incarcerated individual. If male staff, other than licensed medical professionals, remain present during the examination, labor or delivery of the pregnant incarcerated individual, that information and the reasons for the presence shall be reported to the department [or the Department of Human Services, as applicable].

(d) Availability of reports.--The nonidentifying data contained in the written reports submitted to the department [or the Department of Human Services] shall be posted on the department's [or the Department of Human Services'] publicly accessible Internet website annually. No identifying information, such as names or dates of birth, shall be posted.

(e) Failure to submit report.--If a correctional institution fails to submit a report under this section within 30 days after the end of the fiscal year, the department [or the Department of Human Services, as applicable,] shall obtain a certification, to be created by the department [or the Department of Human Services, as applicable,] from the correctional institution verifying that the correctional institution had zero instances of use of restraints, placement in restrictive housing or male staff presence, other than licensed medical professionals, during medical examinations or appointments of pregnant incarcerated individuals under the provisions of this section.

(f) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

"Correctional institution." As defined in section 5905(e)(relating to healthy birth for incarcerated women).

"Postpartum." The eight-week period, or longer as determined by the health care professional responsible for the health and safety of the incarcerated individual or detainee, following childbirth.

"Restraints." Any physical or mechanical device used to restrict or control the movement of an incarcerated individual's body, limbs or both.

"Restrictive housing." Placement in an area or group of cells designated to house individuals assigned to disciplinary or administrative custody in which out-of-cell time is limited to less than two hours per day.

"Staff." An individual who is employed or contracted by a correctional institution[,] or the department [or the Department of Human Services].

Section 3. Section 1731(b) of Title 61 is amended and subsection (a) is amended by adding a paragraph to read:

§ 1731. Establishment.

(a) General rule.--

(2.1) The members of the board under paragraph (2) may appoint not less than two and not more than four additional members to the board who must be residents of the county for which the board is established.

(b) Counties that may elect to be subject to subchapter.--Any county of the second class A or sixth, seventh or eighth class may elect by resolution of the county commissioners to be governed by the provisions of this subchapter.

Section 4. Section 1758(b)(6) and (7) of Title 61, amended December 14, 2023 (P.L.396, No.47), are amended to read:

§ 1758. County recording system for pregnant and postpartum incarcerated individuals or detainees.

(b) Information to be included in County Extraordinary Occurrence Monthly Report.--

(6) The nonidentifying data contained in the written reports submitted to the department [or the Department of Human Services] shall be posted annually on the publicly accessible Internet website of the department [or the Department of Human Services]. No identifying information, such as names or dates of birth, shall be posted.

(7) If a correctional institution fails to submit a report under this section within 30 days after the end of the fiscal year, the department [or the Department of Human Services, as applicable,] shall obtain a certification, to be created by the department [or the Department of Human Services, as applicable,] from the correctional institution verifying that the institution had zero instances of use of restraints, placement in restrictive housing or male staff presence, other than licensed medical professionals, during medical examinations or appointments of pregnant incarcerated individuals under the provisions of this section.

Section 5. Chapter 57 of Title 61 is repealed:

[CHAPTER 57

DEPARTMENT OF HUMAN SERVICES FACILITIES

Sec.

5701. Definitions.

5702. Seclusion prohibited for pregnant or postpartum child.

5703. Body cavity search and inspection restrictions.

5704. Training and education requirement.

5705. (Reserved).

5706. Menstrual hygiene and incontinence products.

5707. Postpartum recovery.

5708. Reports relating to pregnant or postpartum child.

§ 5701. Definitions.

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Body cavity search." An invasive search of a child conducted by staff in search of contraband, excluding the nose, ears and mouth.

"Child." As follows:

(1) An individual who resides in an entity licensed or operated by the department and meets one of the following conditions:

(i) Is under 18 years of age.

(ii) Is under 21 years of age and committed an act of delinquency before reaching 18 years of age and remains under the jurisdiction of the juvenile court.

(iii) Was adjudicated dependent before reaching 18 years of age and while engaged in instruction or treatment, requests the court to retain jurisdiction until the instruction or treatment is completed, but a child may not remain in a course of instruction or treatment past 21 years of age.

(iv) Has an intellectual disability, a mental illness or a serious emotional disturbance, with a transfer plan to move to an adult setting by 21 years of age.

(2) The term does not include a child in foster care as provided in 42 U.S.C. Ch. 7 Subch. IV (relating to grants to states for aid and services to needy families with children and for child-welfare services).

"Department." The Department of Human Services of the Commonwealth.

"Facility." Except as exempted by regulation, a premise or part of a premise serving children who are adjudicated either dependent or delinquent and meeting one of the following conditions:

(2) Operated in a 24-hour living setting in which care is provided for one or more children who are not relatives of the facility operator.

"Menstrual hygiene products." As follows:

(1) Products relating to bodily functions that are used during menstruation.

(2) The term includes tampons and sanitary pads.

"Postpartum." An eight-week period or a longer period as determined by the health care professional responsible for the health and safety of the child following childbirth.

"Restraints." Any physical or mechanical device used to restrict or control the movement of a child's body or limbs or both.

"Seclusion." As follows:

(1) The removal of a resident from the resident's immediate environment and restricting the resident alone in a room or area.

(2) The term does not include an occasion when:

(i) An employee of a facility remains in the seclusion area with the resident.

(ii) A resident is voluntarily restricted to an area or room.

(iii) All residents are required to be in their rooms or another room or area as part of the program schedule.

"Staff." An individual who is employed by a facility.

"State of undress." A state where a child is partially or fully naked, either in the shower, toilet areas, a medical examination room or while a body cavity search is being conducted.

"Substantial risk of imminent flight." A showing of real and considerable risk of escaping by a child from a facility.

"Trauma-informed care." A strengths-based approach to service delivery and organizational structure that:

(1) Realizes the widespread impact of trauma, including historical trauma.

(2) Understands potential paths to recovery.

(3) Recognizes the signs and symptoms of trauma in a child, parent, legal guardian, staff or another involved in the system.

(4) Responds by fully integrating knowledge about trauma into policies, procedures, practices and relationships.

(5) Seeks to actively prevent retraumatization.

§ 5702. Seclusion prohibited for pregnant or postpartum child.

(a) General rule.--Except as provided under subsection (c), a pregnant or postpartum child may not be involuntarily placed in seclusion in any facility in this Commonwealth.

(b) Alternative discipline.--Forms of discipline for a pregnant or postpartum child shall be limited to sanctions, including restrictions on telephone usage or visitation or other common forms of alternative discipline used in the United States.

(c) Exceptions.--A pregnant or postpartum child may be placed in seclusion only as a temporary response to behavior that poses a serious and immediate risk of physical harm to the pregnant or postpartum child, another child, the unborn child of the pregnant child or staff. The following apply:

(1) The decision to place a pregnant or postpartum child in seclusion under this subsection must be approved by the individual in charge of the facility.

(2) The rationale for the decision to use seclusion must be documented as required by section 5708 (relating to reports relating to pregnant or postpartum child).

(3) No period of seclusion in excess of seven days may be approved.

(d) Bed assignments.--The facility may not assign a pregnant child to any bed that is elevated more than three feet from the floor of the facility.

§ 5703. Body cavity search and inspection restrictions.

(a) Body cavity search and inspection restrictions.--To the greatest extent possible:

(1) Only a health care professional shall conduct an invasive body cavity search of a pregnant child.

(2) If a search is required, staff shall accommodate the child's stated preference regarding the gender of the staff to be present in the room during the search except in cases of exigent circumstances as determined by the facility director or designee.

(1) Include the justification for performing the body cavity search or failing to honor the child's stated preference regarding the gender of the staff performing the inspection.

(2) Note if any contraband was found on the child.

(3) Be sent to the department.

§ 5704. Training and education requirement.

(a) Facility staff training.--The facility shall provide or arrange a training program for staff who have contact with a pregnant, laboring or postpartum child. The training program shall be related to the physical and mental health of the pregnant or postpartum child and unborn baby, including:

(1) The general care of a pregnant child.

(2) The impact of restraints on a pregnant child and unborn baby.

(3) The impact of being placed in seclusion on a pregnant child.

(4) The impact of invasive searches on a pregnant child.

(5) Any other pertinent information the department finds appropriate or necessary.

(1) The exemption under this subsection shall apply only to the facility, not the individual staff of the facility.

(2) All facility staff that come in contact with a pregnant child shall complete the training under this section.

(3) If facility staff work at more than one institution, the staff must receive the required training at the nonexempt facility.

(c) Education programming for a pregnant child.--The facility shall develop and provide educational programming for a pregnant or postpartum child. The educational programming shall be related to:

(1) Medical screenings related to reproductive and overall health, including preventive screenings.

(2) Prenatal care.

(3) Pregnancy-specific hygiene.

(4) The impact of alcohol and drugs on the unborn baby.

(5) General health of the unborn baby.

(6) Any other pertinent information the department finds appropriate or necessary.

(d) Trauma-informed care.--

(1) The individual in charge of a facility shall, as necessary, ensure that the facility provides quality trauma-informed care to a child.

(2) Trauma-informed care for a child shall begin immediately upon the child's intake and assessment at a facility.

(3) Facility staff shall have no fewer than four hours of professional training related to trauma-informed care, which shall include the following:

(i) Training to identify a child with trauma.

(ii) Training on how and when to refer a child to the proper health care professionals, including preventive health care and mental health care.

(iii) Training on how to interact with and empower a child who has experienced trauma.

§ 5705. (Reserved).

§ 5706. Menstrual hygiene and incontinence products.

(a) Issuance of menstrual hygiene products.--

(1) A facility shall supply menstrual hygiene products each month to a child who is menstruating at no cost to the child regardless of financial means.

(2) A child may not be required to show proof of need or to undergo a medical examination or obtain a medical permit, authorization or diagnosis to receive the products under subsections (b) and (c).

§ 5707. Postpartum recovery.

(a) Restraints during postpartum recovery.--No restraints shall be used on any child who has given birth within the last 30 days and is in postpartum recovery, unless the department has a reasonable belief that the child will harm the child, the child's newborn or another individual or pose a substantial risk of imminent flight. If restraints are used, the staff ordering the use of restraints on a child while in postpartum recovery shall submit a written report to the individual in charge of the facility within 72 hours following the use of the restraints, containing the justification for restraining the child during postpartum recovery. The report shall also be sent to the department.

(b) Postdelivery bonding period.--Subject to hospital policy, following the delivery of a newborn, the department shall permit the newborn to remain with the child at the hospital for 72 hours unless a health care professional has a reasonable belief that the newborn remaining with the child poses a health or safety risk to the newborn.

(c) Nutritional and hygiene products.--During the 72-hour period under subsection (b), the department shall make available the necessary nutritional and hygiene products to care for the newborn.

§ 5708. Reports relating to pregnant or postpartum child.

(a) Requirement.--A facility shall, in writing, report to the department on each restraint applied to a pregnant, laboring or postpartum child in the facility's custody. The following apply:

(1) The report shall note the number and type of restraints.

(2) The provisions of this subsection shall apply to any person tasked with transporting or housing a pregnant or postpartum child.

(b) Contents of report.--Reports of each restraint or placement of a child as required under subsection (a) must include the following:

(1) The circumstances that led to the determination that the child represented a substantial risk of imminent flight.

(3) The date and time restraints were applied and the length of time the child was kept in restraints.

(4) The number and type of restraints used.

(5) Any physical effects on the child or the unborn baby of a child resulting from placement in the restraints.

Section 6. Sections 5905(e), 5908(b)(3) and (c), 5909(a) introductory paragraph and (5), (c) introductory paragraph and (6) and (d)(3) introductory paragraph and 5911(a) and (b) of Title 61, amended or added December 14, 2023 (P.L.396, No.47), are amended to read:

§ 5905. Healthy birth for incarcerated women.

(e) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

"Correctional institution." Any entity under the authority of the state or any county or municipality that has the power to detain and restrain a person under the laws of this Commonwealth. The term does not include an entity operated, supervised or licensed by the Department of Human Services under the act of June 13, 1967 (P.L.31, No.21), known as the Human Services Code.

"Detainee." Includes any person detained under the immigration laws of the United States at any correctional facility.

"Incarcerated individual." An individual incarcerated or detained in a correctional institution who is accused of, convicted of[,] or sentenced for [or adjudicated delinquent for] violations of criminal law or the terms and conditions of parole, probation, pretrial release or a diversionary program.

"Restraint." Any physical hold or mechanical device used to control the movement of an incarcerated individual's or detainee's body or limbs or both.

§ 5908. Cavity search and inspection restrictions.

(b) Documentation requirement.--If staff is required to perform an invasive body cavity search on a pregnant or postpartum incarcerated individual or detainee, or male staff, other than medically licensed professional male staff, is required to conduct a search on a female incarcerated individual or detainee in a state of undress, a written report shall be submitted to the correctional institution within 72 hours following the cavity search or inspection. The report under this subsection shall:

(3) be sent to the department [or the Department of Human Services, as applicable].

(c) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

"Body cavity search." An invasive search of incarcerated individuals or detainees, conducted by staff in search of contraband, excluding the nose, ears and mouth.

"Staff." An individual, including contracted staff, who is employed by a correctional institution[,] or the department [or the Department of Human Services], excluding any licensed medical professional.

"State of undress." A state where an incarcerated or detained female is partially or fully naked, either in the shower, toilet areas, a medical examination room or while a body cavity search is being conducted.

§ 5909. Training and education requirement.

(a) Correctional institution staff training.--The [department and] department, in consultation with the Department of Human Services and the Department of Health, shall [jointly] develop and provide correctional institutions with a training program for staff who have contact with a pregnant, laboring or postpartum incarcerated individual or detainee. The training program shall be related to the physical and mental health of the pregnant or postpartum incarcerated individual or detainee and unborn child, including:

(5) Any other pertinent information the department [or the Department of Human Services] finds appropriate or necessary.

(c) Education programming for pregnant incarcerated individuals.--The [department and] department, in consultation with the Department of Human Services and the Department of Health, shall [jointly] develop and provide correctional institutions and county correctional institutions with educational programming for pregnant or postpartum incarcerated individuals or detainees. The educational programming shall be related to:

(6) Any other pertinent information the department [or the Department of Human Services] finds appropriate or necessary.

(d) Trauma-informed care.--

(3) [Correctional] Beginning after December 31, 2025, correctional staff shall receive professional training, approved by the department, in consultation with the Department of Human Services, relating to trauma-informed care, which shall include the following:

§ 5911. Postpartum recovery.

(a) Restraints during postpartum recovery.--No restraints shall be used on any incarcerated individual or detainee who has given birth within the last 30 days and is in postpartum recovery, unless the department [or the Department of Human Services, as applicable,] has a reasonable belief that the incarcerated individual or detainee will harm themselves, their newborn or another individual or pose a substantial risk of imminent flight. If restraints are used, the facility employee ordering the use of restraints on an incarcerated individual or detainee while in postpartum recovery shall submit a written report to the chief administrator of the facility within 72 hours following the use of the restraints, containing the justification for restraining the incarcerated individual or detainee during postpartum recovery. The report shall also be sent to the department [or the Department of Human Services, as applicable].

(b) Postdelivery bonding period.--Following the delivery of a newborn and subject to hospital policies, including length of stay, the department [or the Department of Human Services] shall permit the child to remain with the mother at the hospital for up to 72 hours unless there is a reasonable belief that the child remaining with the mother presents a health or safety risk to the child.

Section 7. Except as provided in paragraph (2):

(1) The addition of 42 Pa.C.S. Ch. 63 Subch. G is a continuation of 61 Pa.C.S. Ch. 57. Except as provided in 42 Pa.C.S. Ch. 63 Subch. G, all activities initiated under 61 Pa.C.S. Ch. 57 shall continue and remain in full force and effect and may be completed under 42 Pa.C.S. Ch. 63 Subch. G. Orders, regulations, rules and decisions which were made under 61 Pa.C.S. Ch. 57 and which are in effect on the effective date of this section shall remain in full force and effect until revoked, vacated or modified under 42 Pa.C.S. Ch. 63 Subch. G. Contracts, obligations and collective bargaining agreements entered into under 61 Pa.C.S. Ch. 57 are not affected nor impaired by the repeal of 61 Pa.C.S. Ch. 57.

(2) Paragraph (1) does not apply to the following:

(i) The definitions of "child," "department," "exclusion" and "seclusion" in 42 Pa.C.S. § 6381.

(ii) 42 Pa.C.S. § 6382.

(iii) 42 Pa.C.S. § 6384(a)(5).

Section 8. With the exception of the amendment or addition of 61 Pa.C.S. § 1731(a)(2.1) and (b), this act shall apply retroactively to June 11, 2024.

Section 9. This act shall take effect as follows:

(1) The amendment or addition of 61 Pa.C.S. § 1731(a)(2.1) and (b) shall take effect in 60 days.

(2) The remainder of this act shall take effect immediately.

APPROVED--The 29th day of October, A.D. 2024.

JOSH SHAPIRO

Pennsylvania Act 2024-114 — JUDICIAL CODE (42 PA.C.S.) AND PRISONS AND PAROLE CODE (61 PA.C.S.) - OMNIBUS AMENDMENTS

Act text

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