HB5431 - PREGNANT PRISONERS-RESTRAINTS

Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes. Further amends the County Department of Corrections Law, the Health Care Violence Prevention Act, and the County Jail Act to replace use of "prisoner" with "committed person". In the County Department of Corrections Law, the Unified Code of Corrections, and the County Jail Law, requires the Department of Public Health to provide the flyers that must be provided to pregnant committed persons, and provides that, when a person with a uterus is committed to a county jail or State correctional facility, the person shall take a pregnancy test. In the County Department of Corrections Law and the Unified Code of Corrections: (i) provides that reports a sheriff, the Department of Corrections, and the Department of Juvenile Justice must submit under the provisions must be provided to the Jail and Detention Standards Unit of the Department of Corrections (removing the requirement to submit the report to the General Assembly and the Office of the Governor in the County Department of Corrections Law); (ii) modifies the reporting requirements; (iii) and provides that other qualified medical professionals (in addition to a physician, advanced practice registered nurse, or physician assistant) may determine that the postpartum period is longer than 6 weeks. In the County Department of Corrections Law, defines "participant" as an individual placed into an electronic monitoring program and makes conforming changes. Makes other changes. In provisions relating to informational materials that must be provided to pregnant committed persons, provides that the information must also include the procedure for obtaining information about guardianship or adoption resources, if so desired. Provides that, when a person with a uterus is committed to a facility, the person shall within 14 days be given a medical screening and offered a pregnancy test (rather than the person shall take a pregnancy test).

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Mandate?
Position: Support
Revenue Loss?
Authority Preemption?