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<section article="gcs" article_name="Correctional Services" number="9-601.1" title_number="9" title_name="State and Local Correctional System -- Incarcerated Individuals" subtitle_number="6" subtitle_name="Miscellaneous">
  <level label="a">
    <text>In this section, “restrictive housing” has the meaning stated in § 9–614 of this subtitle.</text>
  </level>
  <level label="b">
    <text>Except as provided in this section, a pregnant incarcerated individual may not be involuntarily placed in restrictive housing, including involuntary medical isolation or infirmary.</text>
  </level>
  <level label="c">
    <level label="1">
      <text>A pregnant incarcerated individual may be involuntarily placed in restrictive housing if the managing official of the correctional facility, in consultation with the person overseeing women’s health and services in the facility, makes an individualized and written determination that restrictive housing is required as a temporary response to:</text>
      <level label="i">
        <text>behavior that poses:</text>
        <level label="1">
          <text>a serious and immediate risk of physical harm to the incarcerated individual or another; or</text>
        </level>
        <level label="2">
          <text>an immediate and credible flight risk that cannot be reasonably prevented by other means; or</text>
        </level>
      </level>
      <level label="ii">
        <text>a situation that poses a risk of spreading a communicable disease that cannot be reasonably mitigated by other means.</text>
      </level>
    </level>
    <level label="2">
      <text>A managing official who makes a determination described in paragraph (1) of this subsection shall document the reason why other less restrictive housing is not possible.</text>
    </level>
    <level label="3">
      <text>The determination described in paragraph (1) of this subsection shall be reviewed and affirmed at least every 24 hours in writing with a copy provided to the incarcerated individual.</text>
    </level>
  </level>
  <level label="d">
    <text>An individual placed in restrictive housing under this section shall be:</text>
    <level label="1">
      <text>medically assessed every 8 hours;</text>
    </level>
    <level label="2">
      <text>housed only in the least restrictive setting consistent with the health and safety of the individual; and</text>
    </level>
    <level label="3">
      <text>given an intensive treatment plan developed and approved by the person overseeing women’s health and services in the facility.</text>
    </level>
  </level>
  <level label="e">
    <level label="1">
      <text>A pregnant incarcerated individual who is deemed to need infirmary care shall be admitted to the infirmary on order of a nurse practitioner, certified nurse–midwife, licensed certified midwife, physician assistant, or physician.</text>
    </level>
    <level label="2">
      <text>If the incarcerated individual is overdue in the pregnancy, the incarcerated individual shall be housed in the infirmary as an admitted patient until labor begins or until the obstetrical consultant has made other housing and care recommendations.</text>
    </level>
    <level label="3">
      <text>A pregnant incarcerated individual who has been placed in the infirmary shall be provided:</text>
      <level label="i">
        <text>access to regular outside recreation consistent with the general population;</text>
      </level>
      <level label="ii">
        <text>access to visits, mail, and telephone consistent with general population privileges; and</text>
      </level>
      <level label="iii">
        <text>the ability to continue to participate in work detail, programming, and classes.</text>
      </level>
    </level>
  </level>
  <level label="f">
    <level label="1">
      <text>Within 48 hours after confirmation by a health care professional that an incarcerated individual is pregnant, the incarcerated individual shall be notified in writing of the restrictions on a pregnant incarcerated individual being placed in restrictive housing provided in this section.</text>
    </level>
    <level label="2">
      <text>The Secretary shall establish a process through which an incarcerated individual may report a violation of this section.</text>
    </level>
  </level>
  <level label="g">
    <text>The managing official of a correctional facility who authorized the placement of a pregnant incarcerated individual in restrictive housing shall submit within 30 days of the placement a report in writing to the Commissioner of Correction, the Commissioner of Pretrial Detention and Services, and the person overseeing women’s health and services in the facility that describes the facts and circumstances surrounding the placement, including:</text>
    <level label="1">
      <text>the reasoning for the determination to place the incarcerated individual in restrictive housing;</text>
    </level>
    <level label="2">
      <text>details of the placement, including the names of those who conducted medical assessments of the incarcerated individual, dates and times of placement, and the date, if applicable, the incarcerated individual was released from restrictive housing; and</text>
    </level>
    <level label="3">
      <text>any physical or mental effects on the incarcerated individual or fetus resulting from the placement observed or reported by the person overseeing women’s health and services in the facility.</text>
    </level>
  </level>
</section>
