Virginia Law

Article 7.1. Treatment of Prisoners Known to Be Pregnant.

As used in this article, unless the context requires a different meaning:

"Postpartum recovery" means the eight-week period, or longer as determined by a health care professional responsible for the health and safety of the prisoner, following childbirth.

"Restraints" means any mechanical device, medication, physical intervention, or hands-on hold to prevent an individual from moving her body.

2025, c. 698.

A. No restraints shall be used on any prisoner known to be pregnant, beginning upon notification or diagnosis by a health care provider about such pregnancy and for the duration of such prisoner's pregnancy, unless a deputy sheriff or jail officer makes an individualized determination that (i) such prisoner will harm herself, the fetus, or any other person; (ii) such prisoner poses a flight risk; or (iii) the totality of the circumstances creates a serious security risk. If such individualized determination is made that restraints are necessary, such restraints shall be the least restrictive possible.

B. No restraints shall be used on any prisoner known to be pregnant while such prisoner is in labor or during delivery unless a deputy sheriff or jail officer makes an individualized determination that (i) such prisoner will harm herself, the fetus, the newborn child, or any other person; (ii) such prisoner poses a flight risk; or (iii) the totality of the circumstances creates a serious security risk. If such individualized determination is made that restraints are necessary, the deputy sheriff or jail officer shall consult with the health care provider treating such prisoner to ensure that such restraints are the least restrictive possible. In such case, the deputy sheriff or jail officer ordering the use of restraints on any prisoner known to be pregnant while in labor or during delivery shall notify a supervisor as soon as reasonably practicable and shall submit a report indicating the reason for the use of such restraints and what type of restraints were used no later than the conclusion of such deputy sheriff's or jail officer's shift. The supervisor shall submit a written report to the sheriff in charge of the local correctional facility, or his designee, or the jail superintendent of the regional correctional facility, or his designee, within 72 hours following the use of restraints, containing the justification for restraining such prisoner. If restraints are used on a prisoner as authorized by subsection A or this subsection, such restraints shall be immediately removed upon the request of any doctor, nurse, or other health care provider treating such prisoner if the restraints present a threat to the life or health of the prisoner, the fetus, or the newborn child.

C. No employee of a local or regional correctional facility other than a licensed health care provider shall conduct a body cavity search of a prisoner known to be pregnant unless the employee has a reasonable belief that such prisoner is concealing contraband. If an employee conducts such body cavity search of a pregnant prisoner, the employee shall submit a written report to the sheriff or jail superintendent in charge of such correctional facility within 72 hours of such body cavity search and shall include in such report the justification for such body cavity search and what contraband was found, if any.

D. The sheriff or jail superintendent of a local or regional correctional facility shall ensure that prisoners known to be pregnant are provided sufficient food and dietary supplements that meet generally accepted prenatal nutritional guidelines for pregnant people as ordered by a licensed health care provider or such health care provider's staff.

E. A prisoner known to be pregnant shall be assigned to the lowest bed available.

2025, c. 698.

A. No restraints shall be used on any prisoner who is in postpartum recovery unless a deputy sheriff or jail officer makes an individualized determination that (i) such prisoner will harm herself, the fetus, the newborn child, or any other person; (ii) such prisoner poses a flight risk; or (iii) the totality of the circumstances creates a serious security risk. If such individualized determination is made that restraints are necessary, the deputy sheriff or jail officer shall consult with the health care provider treating such prisoner to ensure that such restraints are the least restrictive possible. In such case, the deputy sheriff or jail officer ordering the use of restraints shall notify a supervisor as soon as reasonably practicable and shall submit a report indicating the reason for the use of such restraints and what type of restraints were used no later than the conclusion of such deputy sheriff's or jail officer's shift. The supervisor shall submit a written report to the sheriff in charge of the local correctional facility, or his designee, or the jail superintendent of the regional correctional facility, or his designee, within 72 hours following the use of restraints, containing justification for restraining the prisoner. If restraints are used on a prisoner as authorized by this subsection, such restraints shall be immediately removed upon the request of any doctor, nurse, or other health care provider treating such prisoner if the restraints present a threat to the life or health of the prisoner, the fetus, or the newborn child.

B. Following the delivery of a newborn child by a prisoner, the sheriff or jail superintendent shall permit the newborn child to remain with the mother until discharge from the health care facility unless a licensed medical or mental health care professional has a reasonable belief that the newborn child remaining with the mother poses a health or safety risk to the newborn child.

2025, c. 698.

For deputy sheriffs and jail officers employed in local or regional correctional facilities who may have contact with pregnant prisoners, the compulsory minimum entry-level training standards established pursuant to § 9.1-102 shall include training on the general care of pregnant women, the impact of restraints on pregnant prisoners and fetuses, the impact of being placed in restrictive housing or solitary confinement on pregnant prisoners, and the impact of body cavity searches on pregnant prisoners. All staff shall annually review policies related to restraining pregnant prisoners.

2025, c. 698.