Struck = removed from the bill ·
added = the amendment's new text.
SFASB470 3005 2342 SENATE FLOOR AMENDMENTS Regular Session ENROLLEDAmendments SENATEproposed BILLby NO.Senator Mizell to Engrossed Senate Bill No.
470 BYby SENATORSSenator MIZELL,Mizell ABRAHAM,AMENDMENT BARROW,NO. BOUDREAUX, CLOUD, FESI, HODGES,JACKSON-ANDREWS,MYERS,PRICEANDSTINEAND REPRESENTATIVES CHASSION AND MANDIE LANDRY AN ACT To amend and reenact R.S.
15:744.3(A),1 theOnpage3,line5,after"sources"insert"fromnonprofitorganizationsorfederalgrants" introductoryPage paragraph1 of 744.3(B)1 and 744.3(C)(3), and 744.5(2) and to enact R.S.
15:744.5(7) and 744.9 and Code of Criminal Procedure Arts.
893(A)(5), 894.1(B)(34), and 894.6, relative to pregnant women;torequirepregnancytestsatcorrectionalfacilities;toproviderelativetothe use of restraints on pregnant and postpartum prisoners;
to provide for consideration ofpregnancyatsentencing;toprovideforcertainconditionsofprobation;toprovide for limitations;
to provide for legislative findings;
to provide for an effective date;
and to provide for related matters.
Be it enacted by the Legislature of Louisiana:
Section1.R.S.15:744.3(A),theintroductoryparagraphof744.3(B)and744.3(C)(3), and 744.5(2) are herebyamended and reenacted and R.S.
15:744.5(7) and 744.9 are hereby enacted to read as follows:
§744.3.
Restraint during childbirth pregnancy and postpartum recovery A.
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, her child, her unborn child, or other persons.
For purposes of this Section, "therapeutic restraints" shall not include metal handcuffs or shackles.
B.
Norestraintsshall be used on a 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 any pregnancy-related medical distress, or during postpartum recovery, unlesstherearecompellinggroundstobelievethattheprisonerpresentseitherofthe following:
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470 ENROLLED C.
Notwithstanding the provisions of Subsection B of this Section:
* * * (3)Undernocircumstancesshall waistrestraintsorshacklesbeusedonany pregnantprisonerduringtransportationtoamedicalfacilityorpostpartumrecovery.
* * * §744.5.
Definitions For purposes of this Part:
* * * (2) "Postpartum" means the period following delivery before a prisoner or detaineehasbeendischargedfromamedicalfacilitythatbeginsimmediatelyafter childbirthandlastsfornolessthansixweeks.Themedicalprofessionaltreating the pregnant prisoner after childbirth may extend the postpartum period beyond six weeks based on his medical judgment if it is medically necessary to ensure recovery.
* * * (7) "Therapeutic restraint" means flex cuffs or soft restraints.
* * * §744.9.
Pregnancy testing A.Duringtheintakeprocessateverystateandlocalcorrectionalfacility, apregnancytestshallbeofferedtoeachwomanagedfifty-fiveyearsoryounger who is arrested and taken into custody.
B.
The woman's consent or refusal to take a pregnancy test and the result of any test administered shall be documented.
C.
The Louisiana Department of Health shall identify available pregnancy test funding sources fromnonprofitorganizations or federal grants for the purposes of this Section.
D.
For purposes of this Section, "correctional facility" includes state, parish, and municipal facilities including jails, detention centers, and prisons.
Section2.CodeofCriminalProcedureArts.893(A)(5),894.1(B)(34),and894.6are hereby enacted to read as follows:
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470 ENROLLED Art.
893.
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 sentencingand whether participation in amedically appropriateprenatalcare program, residential treatment program, or substance use disorder treatment program would serve the interests of justice and public safety, consistent with existing law.
* * * Art.
894.1.
Sentencing guidelines;
generally * * * B.
The following grounds, while not controlling the discretion of the court, shallbeaccordedweightinitsdeterminationofsuspensionofsentenceorprobation:
* * * (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 treatment program would be appropriate, consistent with existing law.
* * * Art.894.6.Sentencingconsiderationsandconditionsofprobationforpregnant defendants A.Nothing in thisArticleshall beconstruedtoauthorizethesuspension of sentence or probation for any offense for which such relief is otherwise prohibited by law.
This Article shall not be interpreted to expand or modify eligibility for probation or suspension of sentence.
B.
For any defendant who is pregnant at the time of sentencing and is otherwise eligible for suspension of sentence or probation under existing law, the court may consider the provisions of this Article.
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470 ENROLLED C.
For a defendant described in Paragraph B of this Article, the court may suspend the imposition or execution of sentence and place the defendant on probation in accordance with existing law, and may require, as a condition of probation, that the defendant:
(1) Participate in and successfully complete a court-approved prenatal care program, pregnancy support program, or maternal health program.
(2) Participate in and successfully complete a residential or outpatient substance use disorder treatment program, including medically supervised detoxification when appropriate.
(3) Comply with all recommended prenatal and postnatal medical care.
(4) Participate in parenting education, life skills training, or case management services as deemed appropriate by the court.
(5) Comply with any additional conditions of probation authorized by law.
D.IndeterminingwhethertoimposeasentencepursuanttothisArticle, the court shall consider public safety, the nature of the offense, the criminal history of the defendant, and the availability of appropriate programs.
E.
The Louisiana Department of Health shall maintain and make available to courts, upon request, a list of publicly and privately available programs that may satisfy the requirements of this Article.
Section3.(A)ThelegislatureherebyfindsanddeclaresthatthestateofLouisianahas acompellinginterestinprotectingmaternalhealth,promotinghealthybirths,andsupporting family stability.
(B) Pregnant defendants in the criminal justice system may present unique medical and rehabilitative needs that can, in appropriate cases, be addressed through community-based supervision and treatment.
(C) It is the intent of the legislature to ensure that courts mayconsider pregnancyas a relevant factor at sentencing and, where a defendant is otherwise eligible under existing law, utilize appropriate alternatives to incarceration.
(D) Nothing in this Act is intended to expand or modify eligibility for probation or Page 4 of 5 Coding:
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470 ENROLLED suspension of sentence as otherwise provided bylaw.
Section 4.
This Act shall become effective upon signature bythe governor or, if not signedbythegovernor,uponexpirationofthetimeforbillstobecomelawwithoutsignature by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana.
If vetoed bythe governorand subsequentlyapprovedbythe legislature, this Act shall become effective on the dayfollowing such approval.
PRESIDENT OF THE SENATE SPEAKER OF THE HOUSE OF REPRESENTATIVES GOVERNOR OF THE STATE OF LOUISIANA APPROVED:
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words in boldface type and underscored are additions.