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Current as of January 01, 2024 | Updated by FindLaw Staff
A. An adult or juvenile correctional facility, detention center or local jail shall use the least restrictive restraints necessary when the facility has actual or constructive knowledge that an inmate is in the second or third trimester of pregnancy. No restraints of any kind shall be used on an inmate who is in labor, delivering her baby or recuperating from the delivery unless there are compelling grounds to believe that the inmate presents:
(1) an immediate and serious threat of harm to herself, staff or others; or
(2) a substantial flight risk and cannot be reasonably contained by other means.
B. If an inmate who is in labor or who is delivering her baby is restrained, only the least restrictive restraints necessary to ensure safety and security shall be used.
Cite this article: FindLaw.com - New Mexico Statutes Chapter 33. Correctional Institutions § 33-1-4.2. Restraints on pregnant prisoners - last updated January 01, 2024 | https://codes.findlaw.com/nm/chapter-33-correctional-institutions/nm-st-sect-33-1-4-2/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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