SB 470 — HEALTH CARE: Provides relative to pregnant women in custody. (gov sig) (EN INCREASE LF EX See Note)

SLS 26RS-822 REENGROSSED Regular Session ENROLLED SENATE BILL NO.

470 BY SENATORS MIZELL, ABRAHAM, BARROW, BOUDREAUX, CLOUD, FESI, HODGES,HODGES,JACKSON-ANDREWS,MYERS,PRICEANDSTINEAND JACKSON-ANDREWS,REPRESENTATIVES MYERS,CHASSION PRICE AND STINEMANDIE HEALTHLANDRY CARE.AN ACT To amend and reenact R.S.

Provides relative to pregnant women in custody.

(gov sig) AN ACT To amend and reenact R.S.

Restraints shall not be used on a pregnant prisoner while she is in labor andduringdeliveryunlessamemberofthemedicalstafforderstherapeuticrestraints for a prisoner who, due to a psychiatric or medical disorder, is a danger to herself, Pageher 1child, ofher 6unborn Coding:child, or other persons.

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SLS 26RS-822 REENGROSSED SB NO.

470 her child, her unborn child, or other persons.

NoNorestraintsshall restraints shall be used on aprisonerknowntoa prisoner known to be pregnant duringany pregnancy-related medical distress, or while she is being transported to a medical facility or the Louisiana Correctional Institute for Women for prenatal care, delivery, or anypregnancy-relatedany pregnancy-related medical distress, or during postpartum recovery, unlesstherearecompellinggroundstobelievethattheprisonerpresentseitherofthe following:

* * * C.Page 1 of 5 Coding:

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SB NO.

470 ENROLLED C.

* * * (3)Underno(3)Undernocircumstancesshall circumstancesshall waistrestraintsorshacklesbeusedonany pregnantprisonerduringtransportationtoamedicalfacilityorpostpartumrecovery.

Pregnancy testing A.Duringtheintakeprocessateverystateandlocalcorrectionalfacility, apregnancytestshallbeofferedtoeachwomanagedfifty-fiveyearsoryounger Pagewho 2is ofarrested 6and Coding:taken into custody.

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SLS 26RS-822 REENGROSSED SB NO.

470 who is arrested and taken into custody.

Art.Page 2 of 5 Coding:

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SB NO.

470 ENROLLED Art.

Suspension and deferral of sentence and probation in felonycases A.(1)(a) * * * * * * (5) In determining whether to suspend the imposition or execution of sentence and place a defendant on probation, the court may consider, among other relevant factors, whether the defendant is pregnant at the time of sentencingsentencingand andwhether whetherparticipationparticipation in amedically appropriateappropriateprenatalcare prenatal care program, residential treatment program, or substance use disorder treatment program would serve the interests of justice and public safety, consistent with existing law.

* * * (34) Whether the defendant is pregnant at the time of sentencing and whether an alternative sentence involving community-based supervision and participation in a prenatal care, maternal health, or substance use disorder Pagetreatment 3program ofwould 6be Coding:appropriate, consistent with existing law.

Words* which* are* struckArt.894.6.Sentencingconsiderationsandconditionsofprobationforpregnant throughdefendants areA.Nothing deletionsin fromthisArticleshall existingbeconstruedtoauthorizethesuspension law;of sentence or probation for any offense for which such relief is otherwise prohibited by law.

words in boldface type and underscored are additions.

SLS 26RS-822 REENGROSSED SB NO.

470 treatment program would be appropriate, consistent with existing law.

* * * Art.894.6.Sentencingconsiderationsandconditionsofprobationforpregnant defendants A.Nothing in this Articleshall beconstruedtoauthorizethesuspension of sentence or probation for any offense for which such relief is otherwise prohibited by law.

C.Page 3 of 5 Coding:

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SB NO.

470 ENROLLED C.

The Louisiana Department of Health shall maintain and make Pageavailable 4to courts, upon request, a list of 6publicly Coding:and privately available programs that may satisfy the requirements of this Article.

Words which are struck through are deletions from existing law;