North Carolina 2017-2018 Session Status: Died 2 D cosponsors

SB 639 — Healthy Mother, Healthy Child.

Last action — Passed 1st Reading

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. Died in session

This bill died with 2017-2018 Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

41 added · 41 removed

Plain-language change summary

The recent amendment to Senate Bill 639 added a section specifying that if restraints are used on a pregnant prisoner or detainee, the corrections official must document their decision in writing within 10 days. This change is important because it increases accountability and ensures a clearer justification for using restraints in sensitive situations, helping to protect the health and safety of both the individual and their baby during pregnancy and childbirth.

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FILED SENATE GENERAL ASSEMBLY OF NORTH CAROLINA Apr 4, 2017 S.B.
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2017 S 1 SENATE BILL 639 Short Title:
639 SESSION 2017 PRINCIPAL CLERK S D SENATE BILL DRS15161-MSa-81 (03/03) Short Title:
Senators Smith-Ingram, Van Duyn, and Foushee (Primary Sponsors).
Senators Smith-Ingram, Van Duyn, Foushee (Primary Sponsors);
Bryant and Waddell.
A BILL TO BE ENTITLED AN ACT TO ENSURE HEALTHY PREGNANCIES FOR FEMALE PRISONERS AND DETAINEES.
Rules and Operations of the Senate April 5, 2017 A BILL TO BE ENTITLED AN ACT TO ENSURE HEALTHY PREGNANCIES FOR FEMALE PRISONERS AND DETAINEES.
"§ 15A-1369.11.
*S639-v-1* General Assembly Of North Carolina Session 2017 "§ 15A-1369.11.
*DRS15161-MSa-81* General Assembly Of North Carolina Session 2017 (a) A correctional institution shall not use restraints on a prisoner or detainee known to be pregnant, including during labor, transport to a medical facility, delivery, and postpartum recovery, unless the corrections official makes an individualized determination that the prisoner or detainee presents an extraordinary circumstance, except that:
(a) A correctional institution shall not use restraints on a prisoner or detainee known to be pregnant, including during labor, transport to a medical facility, delivery, and postpartum recovery, unless the corrections official makes an individualized determination that the prisoner or detainee presents an extraordinary circumstance, except that:
Page 2 DRS15161-MSa-81 [v.5] (03/17)
Page 2 Senate Bill 639-First Edition
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How this bill changes current law

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AI-generated reading aid from the bill's amendatory text — verify against the official bill.

This bill amends North Carolina law to establish specific regulations regarding the treatment of pregnant prisoners and detainees, particularly concerning the use of restraints.

  • Chapter 15A

    Article 84C. Treatment of Pregnant Prisoners and Detainees.

    Creates a new article addressing the treatment of pregnant prisoners and detainees.

  • § 15A-1369.10

    Definitions.

    Establishes definitions relevant to the treatment of pregnant prisoners and detainees.

  • § 15A-1369.11

    Restraint of prisoners and detainees.

    Prohibits the use of restraints on pregnant prisoners and detainees during specific circumstances unless extraordinary circumstances are documented.

  • § 15A-1369.11(a)

    A correctional institution shall not use restraints on a prisoner or detainee known to be pregnant, including during labor, transport to a medical facility, delivery, and postpartum recovery, unless the corrections official makes an individualized determination that the prisoner or detainee presents an extraordinary circumstance. → A correctional institution shall not use restraints on a prisoner or detainee known to be pregnant, including during labor, transport to a medical facility, delivery, and postpartum recovery, unless the corrections official makes an individualized determination that the prisoner or detainee presents an extraordinary circumstance, except that:

    Clarifies conditions under which restraints may be utilized on pregnant prisoners and detainees.

  • § 15A-1369.11(a)(1)

    If the doctor, nurse, or other health professional treating the prisoner or detainee requests that restraints not be used, the corrections officer accompanying the prisoner or detainee shall immediately remove all restraints. → If the doctor, nurse, or other health professional treating the prisoner or detainee requests that restraints not be used, the corrections officer accompanying the prisoner or detainee shall immediately remove all restraints.

    Guarantees that medical professionals' requests regarding restraints are prioritized.

  • § 15A-1369.11(a)(2)

    Under no circumstances shall leg or waist restraints be used on any prisoner or detainee who is in labor or delivery. → Under no circumstances shall leg or waist restraints be used on any prisoner or detainee who is in labor or delivery.

    Prevents the use of specific types of restraints during labor and delivery.

  • § 15A-1369.11(b)

    If restraints are used on a prisoner or detainee pursuant to subsection (a) of this section:

    Specifies conditions for documentation and usage of restraints if they are deemed necessary.

  • § 15A-1369.11(b)(1)

    The type of restraint applied and the application of the restraint shall be accomplished in the least restrictive manner necessary. → The type of restraint applied and the application of the restraint shall be accomplished in the least restrictive manner necessary.

    Ensures that any restraint used is the least restrictive option possible.

  • § 15A-1369.11(b)(2)

    The corrections official shall make written findings within 10 days as to the extraordinary circumstance that dictated the use of the restraints. These findings shall be kept on file by the correctional institution for at least five years and be made available for public inspection, except that no individually identifying information of any prisoner or detainee shall be made public under this Article without the prisoner or detainee's prior written consent. → The corrections official shall make written findings within 10 days as to the extraordinary circumstance that dictated the use of the restraints. These findings shall be kept on file by the correctional institution for at least five years and be made available for public inspection, except that no individually identifying information of any prisoner or detainee shall be made public under this Article without the prisoner or detainee's prior written consent.

    Mandates documentation and retention of extraordinary circumstances for the use of restraints.

  • Section 2

    All correctional facilities in the State shall develop the rules mandated under this act within 30 days of the date this act becomes law and shall inform prisoners and detainees within their custody of those rules within 60 days of the date this act becomes law.

    Requires correctional facilities to implement and inform about new rules within specified timeframes.

  • Section 3

    There is appropriated from the General Fund to the Department of Public Safety the sum of two hundred fifty thousand dollars ($250,000) in recurring funds to be allocated to policy implementation, education, and training of the procedures outlined in Section 1 of this act.

    Allocates funds for the implementation and training of the new procedures regarding pregnant prisoners and detainees.

Action History

  1. Passed 1st Reading

  2. Ref To Com On Rules and Operations of the Senate

  3. Filed

Sponsors

Sponsorship breakdown

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2 sponsors · 3 co-sponsors · 174 not signed on

Sponsors (2)

Co-sponsors (3)

Not signed on (174)

174 members have not signed on to this bill.

Show all 174 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety healthcare
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 639?
SB 639 is sponsored by Van Duyn, Foushee, Bryant, Kandie D. Smith (Democratic), and Joyce Waddell (Democratic).
What is the current status of SB 639?
This bill died with 2017-2018 Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 639?
Track SB 639 free on One Click Politics — get push/email alerts when it moves.

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