(a) A correctional institution shall not use restraints on a pregnant prisoner or detainee during labor, delivery, or postpartum recovery, unless the corrections official makes an individualized determination that the prisoner or detainee presents an extraordinary circumstance, except that:
(1) If the doctor, nurse or other health professional treating the prisoner requests that restraints not be used, the corrections officer accompanying the prisoner or detainee shall immediately remove all restraints; and
(2) Under no circumstances shall leg or waist restraints be used on any prisoner or detainee who is in labor or delivery.
(b) If restraints are used on a prisoner or detainee pursuant to subsection (a) of this section:
(1) The type of restraint applied and the application of the restraint must be done in the least restrictive manner necessary; and
(2) The corrections official shall make written findings within 10 days as to the extraordinary circumstances that dictated the use of the restraints. These findings shall be kept on file by the correctional institution for at least 5 years.
78 Del. Laws, c. 330, § 1.
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