S.Amdt. 1603

SA 1603. Mrs. MURRAY (for herself and Mr. Crapo) submitted an
amendment intended to be proposed to amendment SA 1183 submitted by Mr.
Leahy (for himself and Mr. Hatch) to the bill S. 744, to provide for
comprehensive immigration reform and for other purposes; which was
ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. PROHIBITION ON RESTRAINTS ON PREGNANT DETAINEES.

(a) Prohibition on Restraint of Pregnant Detainees.--
(1) Prohibition.--A detention facility shall not use
restraints on a detainee known to be pregnant, including
during labor, transport to a medical facility or birthing
center, delivery, and postpartum recovery, unless the
facility administrator makes an individualized determination
that the detainee presents an extraordinary circumstance as
described in paragraph (2).
(2) Extraordinary circumstance.--Restraints for an
extraordinary circumstance are only permitted if a medical
officer has directed the use of restraints for medical
reasons or if the facility administrator makes an
individualized determination that--
(A) credible, reasonable grounds exist to believe the
detainee presents an immediate and serious threat of hurting
herself, staff or others; or
(B) reasonable grounds exist to believe the detainee
presents an immediate and credible

[[Page S5055]]

risk of escape that cannot be reasonably minimized through
any other method.
(3) Requirement for least restrictive restraints.--In the
rare event that one of the extraordinary circumstances in
paragraph (2) applies, medical staff shall determine the
safest method and duration for the use of restraints and the
least restrictive restraints necessary shall be used for a
pregnant detainee, except that--
(A) if a doctor, nurse, or other health professional
treating the detainee requests that restraints not be used,
the detention officer accompanying the detainee shall
immediately remove all restraints;
(B) under no circumstance shall leg or waist restraints be
used;
(C) under no circumstance shall wrist restraints be used to
bind the detainee's hands behind her back; and
(D) under no circumstances shall any restraints be used on
any detainee in labor or childbirth.
(4) Record of extraordinary circumstances.--
(A) Requirement.--If restraints are used on a detainee
pursuant to paragraph (2), the facility administrator shall
make a written finding within 10 days as to the extraordinary
circumstance that dictated the use of the restraints.
(B) Retention.--A written find made under subparagraph (A)
shall be kept on file by the detention facility for at least
5 years and be made available for public inspection, except
that no individually identifying information of any detainee
shall be made public without the detainee's prior written
consent.
(b) Prohibition on Presence of Detention Officers During
Labor or Childbirth.--Upon a detainee's admission to a
medical facility or birthing center for labor or childbirth,
no detention officer shall be present in the room during
labor or childbirth, unless specifically requested by medical
personnel. If a detention officer's presence is requested by
medical personnel, the detention officer shall be female, if
practicable. If restraints are used on a detainee pursuant to
subsection (a)(2), a detention officer shall remain
immediately outside the room at all times so that the officer
may promptly remove the restraints if requested by medical
personnel, as required by subsection (a)(3)(A).
(c) Definitions.--In this section:
(1) Detainee.--The term ``detainee'' includes any adult or
juvenile person detained under the Immigration and
Nationality Act (8 U.S.C. 1101) or held by any Federal,
State, or local law enforcement agency under an immigration
detainer.
(2) Detention facility.--The term ``detention facility''
means a Federal, State, or local government facility, or a
privately owned and operated facility, that is used, in whole
or in part, to hold individuals under the authority of the
Director of U.S. Immigration and Customs Enforcement or the
Commissioner of U.S. Customs and Border Protection, including
facilities that hold such individuals under a contract or
agreement with the Director or Commissioner, or that is used,
in whole or in part, to hold individuals pursuant to an
immigration detainer.
(3) Facility administrator.--The term ``facility
administrator'' means the official that is responsible for
oversight of a detention facility or the designee of such
official.
(4) Labor.--The term ``labor'' means the period of time
before a birth during which contractions are of sufficient
frequency, intensity, and duration to bring about effacement
and progressive dilation of the cervix.
(5) Postpartum recovery.--The term ``postpartum recovery''
mean, as determined by her physician, the period immediately
following delivery, including the entire period a woman is in
the hospital or infirmary after birth.
(6) Restraint.--The term ``restraint'' means any physical
restraint or mechanical device used to control the movement
of a detainee's body or limbs, including flex cuffs, soft
restraints, hard metal handcuffs, a black box, Chubb cuffs,
leg irons, belly chains, a security (tether) chain, or a
convex shield.
(d) Annual Report.--
(1) Requirement.--Not later than 30 days before the end of
each fiscal year, the facility administrator of each
detention facility in whose custody a pregnant detainee had
been subject to the use of restraints during the previous
fiscal year shall submit to the Secretary a written report
that includes an account of every instance of such a use of
restraints. No such report may contain any individually
identifying information of any detainee.
(2) Public inspection.--Each report submitted under
paragraph (1) shall be made available for public inspection.
(e) Rulemaking.--The Secretary shall adopt regulations or
policies to carry out this section at every detention
facility.
______