The Vermont Statutes Online
The Statutes below include the actions of the 2025 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
Subchapter
003
:
CARE OF INMATES
(Cite as: 28 V.S.A. § 801a)
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§ 801a. Pregnant inmates
(a) It shall be the policy of the State of Vermont to respect the unique health issues
associated with a pregnant inmate. The Department of Corrections shall not routinely
restrain pregnant inmates who are beyond their first trimester of pregnancy in the
same manner as other inmates, recognizing that to do so might pose undue health risks
for the mother and unborn child.
(b) The Commissioner of Corrections shall ensure that all reasonable and appropriate measures
consistent with public safety are made to transport a pregnant inmate in a manner
that:
(1) prevents physical and psychological trauma;
(2) respects the privacy of the individual; and
(3) represents the least restrictive means necessary for the safety of the inmate, medical
and correctional personnel, and the public.
(c) Unless the inmate presents a substantial flight risk or other extraordinary circumstances
dictate otherwise, mechanical restraints of any kind shall not be used on a pregnant
inmate after she has been declared by an attending health care practitioner to be
in active labor. The inmate shall remain unrestrained after delivery while in recovery
at the hospital. If restraints are used while the inmate is in labor or in the hospital
during recovery after delivery, the Commissioner of Corrections shall make written
findings as to the reasons why mechanical restraints were necessary to prevent escape
or to ensure the safety of the inmate, medical and correctional personnel, or the
public. (Added 2005, No. 180 (Adj. Sess.), § 4.)