(1) No restraints shall be used on any female inmate who has given birth within the last thirty (30) days and is in postpartum recovery, unless the Department of Corrections has a reasonable belief that the female inmate will harm herself, her newborn, or any other person, or pose a substantial flight risk. In such case, the facility employee ordering use of restraints on any inmate while in postpartum recovery shall submit a written report to the warden of the facility within seventy-two (72) hours following the use of restraints, containing the justification for restraining the female inmate during postpartum recovery.(2) Following the delivery of a newborn, by an inmate, the Department of Corrections shall permit the newborn to remain with the mother for seventy-two (72) hours unless the medical provider has a reasonable belief that remaining with the mother poses a health or safety risk to the newborn.(3) During that time, the Department of Corrections shall make available the necessary nutritional and hygiene products, including diapers, to care for the newborn.(4) If the female inmate qualifies as indigent, such products shall be provided without cost to the inmate.Added by essary nutritional and hygiene products, including diapers, to care for the newborn.(4) If the female inmate qualifies as indigent, such products shall be provided without cost to the inmate.Added by Laws, 2021, ch. 440, HB 196,§ 5, eff. 7/1/2021.
Mississippi Legal Code