TITLE I: DEFINTIONS
1. For purposes of this act:
A.
Benefit means any plea bargain, bail consideration, reduction or modification of sentence, or any other leniency, immunity, financial payment, reward, or amelioration of current or future conditions of incarceration in return for, or in connection with, the informant’s participation in any information-gathering activity, investigation, or operation, or in return for, or in connection with, the informant’s testimony in the criminal proceeding in which the prosecutor intends to call him or her as a witness.
B.
Body cavity searches means physically invasive searches on inmates, conducted by facility employees in search of contraband.
C.
Flight risk means an inmate who has shown the desire to escape from lawful imprisonment.
D.
In-custody informant means a person, other than a co-defendant, percipient witness, accomplice, or coconspirator, who provides testimony or information for use in the investigation or prosecution of a suspect or defendant based upon statements made by the suspect or defendant while both were housed within a jail, prison, or correctional institution.
E.
indigent means an inmate who has less than an average of $50.00 in their prison account.
F.
Postpartum recovery means the eight-week period, or longer as determined by the healthcare professional responsible for the health and safety of the prisoner, following childbirth.
G.
Restraints means any physical or mechanical device used to restrict or control the movement of a prisoner’s body, limbs, or both.
H.
Restrictive housing means any type of detention that involves removal from the general inmate population, whether voluntary or involuntary, and the inability to leave the room or cell for the vast majority of the day.
I.
State of undress means a state where a female is partially or fully naked, either in the shower, toilet areas, a medical examination room, or having a body cavity search conducted.
J.
wireless communications service means
commercial mobile service or
personal wireless services as such terms are defined in section 332 of the Federal Communications Act of 1934 (47 U.S.C. 332).
K.
wireless handset means a device utilized by a user of wireless communications service in connection with such service. This shall include but not be limited to cellular telephones and components or accessories thereof.
TITLE II: PROHIBITION ON WIRELESS HANDSETS
1. It shall be a misdemeanor punishable by imprisonment for no more than one (1) year or a fine of no more than $5,000.00, or both, to provide or attempt to provide to an inmate of a federal jail, prison, or correctional or detention facility a wireless handset.
2. It shall be a misdemeanor punishable by imprisonment for no more than one (1) year or a fine of no more than $5,000.00, or both, for an inmate of a jail, prison, or correctional or detention facility to possess, obtain, or attempts to obtain, a wireless handset. A jail, prison, or correctional or detention facility, in lieu of criminal enforcement may instead opt to place the inmate in restrictive housing for no more than six (6) months.
TITLE III: JAIL SNITCHES
1. The Attorney General shall track:
A. The use of testimony or information provided to the federal government by an in-custody informant against a suspect or defendant’s interest while the in-custody informant was imprisoned or confined in the same correctional facility as the suspect or defendant.
B. Any benefits offered or provided to an in-custody informant in exchange for testimony or information about a suspect or defendant.
2. Prior to any prosecution, the Attorney General shall disclose to the defense in a timely manner before any evidentiary hearing or trial any information in the possession, custody, or control of the federal government that is relevant to the in-custody informant’s credibility, including:
A. Benefits that the offering party has made or will make in the future to the in-custody informant;
B. The substance, time, and place of any statement allegedly given by the suspect or defendant to the in-custody informant, and the substance, time, and place of any statement given by the in-custody informant to federal law enforcement implicating the suspect or defendant in the crime charged;
C. The complete criminal history of the in-custody informant, including any charges that were dismissed or reduced as part of a plea bargain;
D. All other cases in which the in-custody informant offered to provide information to or testify for the federal governmemt in exchange for a benefit, and the specific benefits offered or received in such cases; and
E. Whether the informant modified or recanted his or her testimony at any time.
3. Prior to any prosecution, the Attorney General shall timely disclose its intent to introduce the testimony of an in-custody informant. The same procedures for introducing the testimony of other fact witnesses that are applicable in the jurisdiction shall apply to such testimony.
4. If the in-custody informant testifies, the prosecutor or defense counsel may share the information disclosed pursuant to this act during direct or cross-examination, respectively. If a written statement from the in-custody informant is admitted for a reason such as them being unavailable under the federal rules of evidence, this information shall be included with the written statement.
5. The Attorney General shall, to the best of their abilities, refrain from disclosing the name or identity of the in-custody informant, unless such informant is required to testify in-person under the federal rules of evidence.
TITLE IV: PREGNANT PRISONERS
1. Upon notification and/or diagnosis of an inmate’s pregnancy, and for the duration of the pregnancy, and for sixty (60) days following the inmate’s delivery, no jail, prison, or correctional or detention facility shall apply the following restraints on the pregnant inmate unless a correctional employee has a reasonable belief that the inmate will harm herself, the unborn baby, or any other person, or poses a substantial flight risk:
A. Leg restraints
B. Handcuffs or other wrist restraints, except to restrain the inmate’s wrists in front of her.
C. No restraints connected to other inmates.
2. No restraints shall be used on any pregnant inmate while in labor or during delivery unless a correctional employee has a reasonable belief that the inmate will harm herself, the unborn baby, or any other person, or pose a substantial flight risk. In such case, the correctional employee ordering use of restraints on any female inmate while in labor or during delivery shall submit a written report to the warden of the facility within 24 hours following the use of restraints, containing the justification for restraining the female inmate during labor and delivery.
3. No correctional employee other than a certified healthcare professional shall conduct invasive body cavity searches of pregnant inmates unless the correctional employee has a reasonable belief that the female inmate is concealing contraband. In such case, the correctional facility employee shall submit a written report to the warden of the facility within 24 hours following the invasive search, containing the justification for the invasive search and what contraband, if any, was recovered.
4. Any jail, prison, or correctional or detention facility shall ensure that pregnant inmates be provided sufficient food and dietary supplements as ordered by a physician, physician staff member, or a facility nutritionist to meet general accepted prenatal nutritional guidelines for pregnant women.
5. No jail, prison, or correctional or detention facility shall place any pregnant inmate, or any female inmate who has given birth within the previous sixty (60) days, in restrictive housing unless a correctional employee has a reasonable belief that the inmate will harm herself, the unborn baby, or any other person, or poses a substantial flight risk. In such case, the correctional employee authorizing the placement of the inmate in restrictive housing shall submit a written report to the warden of the facility within 24 hours following the transfer, containing the justification for confining the female inmate in restrictive housing.
6. No jail, prison, or correctional or detention facility shall assign any pregnant inmate to any bed that is elevated more than three (3) feet from the floor of the facility.
7. The warden of any jail, prison, or correctional or detention facility shall compile a monthly summary of all written reports received pursuant to this title and submit such report to the Attorney General monthly.
8. No restraints shall be used on any female inmate who has given birth within the last sixty (60) days and is in postpartum recovery, unless a correctional employee has a reasonable belief that the female inmate will harm herself, her newborn baby, or any other person, or poses a substantial flight risk. In such case, the correctional employee ordering use of restraints on any inmate while in postpartum recovery shall submit a written report to the warden of the facility within 24 hours following the use of restraints, containing the justification for restraining the female inmate during postpartum recovery.
9. Following the delivery of a newborn, by an inmate, any jail, prison, or correctional or detention facility shall permit the newborn to remain with the mother for seven (7) days unless the medical provider has a reasonable belief that remaining with the mother poses a health or safety risk to the newborn baby. During that time, the jail, prison, or correctional or detention facility shall make available the necessary nutritional and hygiene products, including but not limited to diapers, to care for the newborn baby. If the female inmate qualifies as indigent, such products shall be provided without cost to the inmate.
TITLE V: FAMILY VISITATION
1. To the greatest extent practicable, after accounting for security and capacity factors, any court sentencing an inmate to a term of imprisonment shall place inmates who are parents of minor children within 250 miles of their permanent address of record.
2. Each jail, prison, and correctional or detention facility shall promulgate regulations authorizing visitation of inmates who are parents of minor children with low or minimum-security classifications by minor dependents, with the minimum following requirements:
A. Such regulations shall provide opportunities for dependent children under the age of eighteen (18) to visit their incarcerated parent at least twice per week unless a correctional employee has a reasonable belief that the dependent child may be harmed during visitation, or poses a security risk due to a gang affiliation, prior conviction, or past violation of facility contraband policy; and
B. Such regulations shall eliminate restrictions on the number of dependent children under the age of eighteen (18) that may be permitted visitation privileges.
TITLE VI: STRIP SEARCHES
1. To the greatest extent practicable, and consistent with safety and order, each jail, prison, or correctional or detention facility shall promulgate regulations that limit inspections by male correctional officers where a female inmate is in a state of undress. Nothing in this Section shall limit the ability of a male correctional officer from conducting inspections where a female may be in a state of undress if no female correctional officers are available.
2. In such case, that a male correctional officer deems it is appropriate to conduct an inspection or search while the female inmate is in a clear state of undress in an area such as the shower, the medical examination room, toilet areas, or where a female inmate is having a body cavity search, the male correctional officer shall submit a written report to the warden of the facility within 24 hours following the inspection or search, containing the justification for a male correctional officer to inspect the female inmate while in a state of undress.
TITLE VII: ENACTMENT
1. This act shall take effect ninety (90) days after passage.
