H.306
AN ACT RELATING TO TRANSPORTATION
OF INDIVIDUALS IN THE CUSTODY OF THE STATE
It is hereby enacted by the General Assembly of the State
of
Sec. 1. 33 V.S.A. § 5541 is added to read:
§ 5541. TRANSPORTATION OF A CHILD
(a) The commissioner of the department for children
and families shall ensure that all reasonable and appropriate measures
consistent with public safety are made to transport or escort a child subject
to this chapter in a manner which:
(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 child.
(b) The commissioner of the department for children
and families shall have the authority to select the person or persons who may
transport a child under the commissioner’s care and custody.
(c) The
commissioner shall assure supervisory review of every decision to transport a
child using mechanical restraints. When transportation with restraints
for a particular child is approved, the reasons for the approval shall be
documented in writing.
(d) It is the policy of
the state of
Sec. 2. 18 V.S.A. § 7511 is amended to read:
§ 7511. TRANSPORTATION
(a) The
commissioner of the department of health shall ensure that all
reasonable and appropriate efforts measures consistent with
public safety are made to transport or escort a person subject to this chapter
to and from any inpatient setting, including escorts within a designated
hospital or the Vermont state hospital, or otherwise being transported under
the jurisdiction of the commissioner in a manner which:
(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 patient.
(b) The
commissioner shall have the authority to designate by rule the
professionals who may transport authorize the method of transport of
patients under the commissioner's care and custody.
(c) When
a professional designated pursuant to subsection (b) of this section decides an
individual is in need of secure transport with mechanical restraints, the
reasons for such determination shall be documented in writing.
(d) It is the policy of
the state of
Sec. 3. DATA COLLECTION
(a) On or before January
31, 2007 and January 31, 2008, the commissioner of the department for children
and families shall report to the house committee on human services and the
senate committee on health and welfare data for the preceding year regarding
the transportation of children in the custody of the commissioner by a sheriff
or deputy sheriff. The data shall include the number and gender of
children transported to various locations and geographic distribution of the
use of such transports.
(b) On or before January
31, 2007 and January 31, 2008, the commissioner of the department of health
shall report to the house committee on human services and the senate committee
on health and welfare data for the preceding year regarding the transportation
of persons in accordance with 18 V.S.A. § 7511. The data shall
include the number, method, and location of all adult and child transports.
(c) The department for
children and families, the department of health, the department of corrections,
the department of state’s attorneys and sheriffs, the office of the defender
general, and the court administrator’s office shall meet to discuss protocols
for the secure transport of children, persons being hospitalized for mental
illness, and pregnant inmates who are in state custody and develop strategies
for reducing the frequency and necessity of secure transports using mechanical
restraints. The group shall provide the house committee on human services
and the senate committee on health and welfare with a letter detailing its
findings and recommendations no later than
January 15, 2007.
Sec. 4. 28 V.S.A. § 801a is added to read:
§ 801a. PREGNANT INMATES
(a) It shall be the policy
of the state of
(b) The commissioner of
the department of corrections shall ensure that all reasonable and appropriate
measures consistent with public safety are made to transport a pregnant inmate
in a manner which:
(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