Bill Summary for Bill Number SB10-193

Date: 05/10/2010

Final
BILL SUMMARY for SB10-193

HOUSE COMMITTEE ON JUDICIARY

Votes: View-->	Action Taken:
Adopt prepared amendment L.010 (Attachment A). Re Adopt prepared amendment L.012 (Attachment D). Th Amend L.012, page 1, line 1, strike "line 4" and r Refer Senate Bill 10-193, as amended, to the Commi	Pass Without Objection Pass Without Objection Pass Without Objection PASS

11:17 AM -- Senate Bill 10-193

Representative Levy, sponsor, presented Senate Bill 10-193 concerning the safe treatment of pregnant persons in custody. The reengrossed bill prohibits the use of restraints on pregnant inmates in the Department of Corrections (DOC), private contract prisons, county and municipal jails, and Department of Human Services (DHS) facilities under certain circumstances. The use of any restraints is prohibited in the following situations:

• during labor and delivery;
• during postpartum recovery; or
• during transport to or from a medical facility for childbirth.

Restraints may be used in the above situations if the restraints are necessary for a safe childbirth, the inmate poses serious risk of harm to herself or the medical staff, or the inmate poses a substantial risk for escape. However, leg shackles and waist restraints are always prohibited during these situations. If restraints are used, the facility is to maintain a written record of the restraints used, why they were used, and for how long.

The bill also specifies that when an inmate is pregnant, facility staff are to use the least restrictive restraints necessary. When the inmate returns to custody after giving birth, she is also entitled to have a medical staff person present to ensure that any strip search is conducted in a manner that does not increase the risk of infection or cause pain.

Representative Levy distributed prepared amendment L.010 (Attachment A), a memorandum prepared by Legislative Council Staff regarding the fiscal impact of prepared amendment L.009 (Attachment B), and a fact sheet about the bill (Attachment C). Prepared amendment L.012 (Attachment D) was also distributed later in the meeting.

11:21 AM -- Pamela White, Colorado Daily, testified in support of the bill. Ms. White discussed the shackling of pregnant inmates in jails and prisons. She spoke about the dangers of shackling a woman during the labor and delivery process. She stated her opinion the DOC and county jails need a consistent policy because pregnant inmates are treated differently, depending on their circumstances. Ms. White responded to questions from members of the committee about the reason for including all pregnant women under the provisions of the bill. The committee discussed whether some women might claim they are pregnant in order to avoid being shackled.

11:36 AM -- Dr. Eliza Buyers, representing the American Congress of Obstetricians and Gynecologists and the Colorado Medical Society, testified in support of the bill. Dr. Buyers spoke about medical concerns related to using restraints on pregnant women. She responded to questions from the committee.

11:40 AM -- Dr. Laraine Guyette, representing herself, testified in support of the bill. Dr. Guyette is a nurse-midwife at Denver Health Medical Center and she cares for inmates in labor and delivery. She spoke about medical risks associated with restraining pregnant women. She provided information about the practice of shackling inmates in labor.

11:45 AM -- Indra Lusero, Luz Reproductive Justice Think Tank, testified in support of the bill. Ms. Lusero expressed her opinion that the bill protects the fundamental principles of democracy. She stated that shackling women during pregnancy represents cruel and unusual punishment. She discussed case law on the subject of cruel and unusual punishment of women in the custody of the state. Ms. Lusero responded to questions from the committee about the risk to state and local employees from pregnant inmates who are not restrained. The committee discussed the potential constitutional problems with current law. Ms. Lusero distributed a letter of support from the American Civil Liberties Union (Attachment E).

11:58 AM -- Ryan Owens, representing herself, testified in support of the bill. Ms. Owens discussed her experience as a pregnant inmate in the Denver County Jail.

12:03 PM -- Julie Krow, The Haven, testified in support of the bill. Ms. Krow discussed the program at The Haven, which treats women with substance abuse problems in the criminal justice system. She expressed her opinion that the bill will provide consistency across Colorado counties with regard to policies addressing pregnant inmates. She stated that most women are incarcerated due to drug- or alcohol-related incidents.

12:06 PM -- Cathy Hazouri, Colorado Bar Association, testified in support of the bill. Ms. Hazouri reiterated the testimony of previous witnesses regarding the constitutional problems with shackling pregnant inmate and the need for consistency across jurisdictions.

12:10 PM -- Joanie Shoemaker, DOC, testified in support of the bill. Ms. Shoemaker discussed her concerns with the bill's broad nature. She stated that amendments L.009 and L.010 allow the department to support the bill because they provide correctional officers with discretion to handle situations on a case-by-case basis. Ms. Shoemaker responded to questions from the committee.

12:18 PM -- Peg Ackerman, County Sheriffs of Colorado, took a neutral position on the bill. Ms. Ackerman stated that the sheriffs will most likely support the bill with the amendments. The sheriffs' concerns centered on the issue of transporting pregnant inmates.

12:20 PM -- Lorena Garcia, Colorado Organization for Latina Opportunity and Reproductive Rights, testified in support of the bill. Ms. Garcia reiterated the testimony of several prior witnesses.


BILL:	SB10-193
TIME:	12:23:30 PM
MOVED:	Levy
MOTION:	Adopt prepared amendment L.010 (Attachment A). Representative Levy explained the amendment. The motion passed without objection.
SECONDED:	McCann
		VOTE
	Court
	Gardner B.
	Kagan
	King S.
	Miklosi
	Nikkel
	Pace
	Ryden
	Waller
	McCann
	Levy

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB10-193
TIME:	12:26:23 PM
MOVED:	Levy
MOTION:	Adopt prepared amendment L.012 (Attachment D). The motion passed without objection.
SECONDED:	Court
		VOTE
	Court
	Gardner B.
	Kagan
	King S.
	Miklosi
	Nikkel
	Pace
	Ryden
	Waller
	McCann
	Levy

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB10-193
TIME:	12:27:40 PM
MOVED:	Levy
MOTION:	Amend L.012, page 1, line 1, strike "line 4" and replace it with "line 16". The motion passed without objection.
SECONDED:	Court
		VOTE
	Court
	Gardner B.
	Kagan
	King S.
	Miklosi
	Nikkel
	Pace
	Ryden
	Waller
	McCann
	Levy

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

12:29 PM

Representative Levy wrapped up her presentation of the bill and asked for a favorable recommendation.


BILL:	SB10-193
TIME:	12:30:25 PM
MOVED:	Levy
MOTION:	Refer Senate Bill 10-193, as amended, to the Committee of the Whole with a favorable recommendation. The motion passed on a vote of 10-1.
SECONDED:	Court
		VOTE
	Court	Yes
	Gardner B.	Yes
	Kagan	Yes
	King S.	Yes
	Miklosi	Yes
	Nikkel	Yes
	Pace	Yes
	Ryden	Yes
	Waller	No
	McCann	Yes
	Levy	Yes

Final YES: 10 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS