NEVADA DEPARTMENT OF CORRECTIONS
ADMINISTRATIVE REGULATION
455
USE OF HANDCUFFS AND RESTRAINTS ON PREGNANT INMATES

Supersedes:
NEW
Effective Date:
AUTHORITY

NRS 209.131; NRS 209.376
RESPONSIBILITY

1. The respective Warden/Division Head is responsible for the overall operation of this regulation.
Direct supervision of this regulation is the responsibility of the Shift Supervisor
(Institution/facilities) or the Transportation Lieutenant/Sergeant (Central Transportation).
2. The Warden at each institution will:
A. Develop an Operational Procedure (OP) which spe<.:ifies the usc of restraints on a female
offender who is pregnant, in labor, or is in postpartum recovery.

B. Ensure that the Operational Procedure lists under what conditions each restraint can and can
not be applied on a female offender who is pregnant, in labor, or is in postpartum recovery.
C. Ensure that the Operational Procedure identifies the authorization needed to use a particular
restraint on a female offender who is pregnant, in labor, or is in postpartum recovery.

D. Ensure that Institutional Staff are trained in the prohibited use of restraints on a female
offender who is pregnant, in labor, or is in postpartum recovery.
E. Ensure that Institutional Staff report and document all incidents of restraint use when applied
to a female offender who is pregnant, in labor, or is in postpartum recovery.
3. All Custody personnel arc responsible to use restraints only when authorized to do so; and only

when they have been trained on the restraint procedures used for female offenders who arc pregnant,
in labor, or during postpartum recovery.

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455.01

RESTRAINT DETERMINATION

I. Once NDOC Medical staff determines that a female inmate is pregnant, the pregnant inmate will
only be placed in handcuff restraints from that point forward . The handcuffs will be to the front side
of the inmate (leg irons wi II not be used) for the duration of her pregnancy unless compelling reasons
exist, as supported by credible evidence, that the inmate presents:
A. A serious and immediate threat of harm to herself, staff, or others; or

B. A substantial flight risk and cannot be reasonably confined by other means.
Unless exigent circumstances are present requiring immediate restraint, restraints other than
handcuffs will not be used without prior approval from the warden or warden's designee.
2. The Shift Supervisor, in consultation with the Warden or designee, will determine the least
restrictive restraints necessary. While transporting/escorting the inmate in restraints the escorting
officer will ensure they maintain constant contact with the inmate by firmly grasping either the
inmates left or right arm near the elbow to maintain stability and control. Restraints shall be
immediately removed once the inmate has been escorted to the desired location within the facility.
3. The warden shall provide notice ofthe rights enumerated in NRS 209.376 to all pregnant inmates
at the time the institution becomes aware of the pregnancy and the inmate is delivered a prenatal
informational packet. This same notice must also be posted in the institution's infirmary.
455.02

INMATES IN LABOR AND POSTPARTUM RECOVERY

I. Once NDOC Medical staff determines that a female inmate maybe in labor, pursuant to NRS
209.3 76, the female inmate will not be placed within any type of restraint unless compelling reasons
exist, as supported by credible evidence that the inmate poses:
A. A serious and immediate threat of harm to herself, staff, or others; or
B. A substantial Oight risk and cannot be reasonably confined by other means.

Unless exigent circumstances are present requiring immediate restraint, no restraints will be applied
while an inmate is in labor without prior approval from the warden or warden's designee. The shift
supervisor, in consultation with the warden or designee, will determine the least restrictive restraints
necessary.
2. While the inmate is delivering the child or recuperating from the delivery, pursuant to NRS
209.376 , the inmate will not be placed within any type of restraint unless compelling reasons exist,

as supported by credible evidence, that the inmate presents:

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A. A serious and immediate threat of harm to herself, staff, or others; or

B. A substantial flight risk and cannot be reasonably confined by other means.
Unless exigent circumstances are present requiring immediate restraint, no restraints will be applied
while an inmate is delivering the child or recuperating from delivery without prior approval from the
warden or warden 's designee. The shift supervisor, in consultation with the warden or designee, will
determine the least restrictive restraints necessary.
3. During the recovery time after the birth the inmate will be allowed to walk around inside the room
unrestrained under direct supervision of the assigned NDOC custody officer.
455.03

DISCHARGE FROM HOSPITAL

1. Upon discharge from the hospital, if medical staff determines that an inmate is still recuperating
from delivery, the inmate will not be placed in any type of restraint unless, pursuant to NRS 209.376,
compelling reasons exist, as supported by credible evidence, that the inmate presents:
A. A serious and immediate threat of harm to herself, staff, or others ; or

B. A substantial flight risk and cannot be reasonably confined by other means.
Unless exigent circumstances are present requiring immediate restraint, no restraints will be applied
if the inmate is still recuperating from delivery without prior approval from the warden or warden's
designee. The shift supervisor, in consultation with the warden or designee, will determine the least
restrictive restraints necessary.
455.04

REPORTING PROCEDURES

1. Tn the event a prison official uses or authorizes the use of restraints on an inmate during labor,
del ivcry, or recuperation, the supervising official must submit an incident statement explaining:
A. The type of restraints used;

B. When the restraints were used;

C. Who authorized the use of restraints; and
D. What compelling reason, in accordance with NRS 209.376. mandated the use
restraints and why the restraint utilized was selected.

or

2.
An incident statement submitted pursuant to this section will be forwarded to the Inspector
General's Oflice. Every incident reported pursuant to this subsection shall be investigated by the
Inspector General's Office, and include the gathering of all written reports, materials, and evidence
relating to the incident. It shall also include witness interviews. After conducting its investigation,
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the fnspcctor General's Office shall prepare a wrinen report that includes an evaluation of the
policies, procedures, and training involved in the incident, and forward a copy of it to the Director
for review.
3. Unless an emergency situation exists that requires immediate restraint removal, if a doctor,
nurse, or other health professional treating the pregnant inmate requests removal of restraints, the
corrections ofticer shall immediately communicate the request to remove restraints to the warden
or warden's designee prior to restraint removal.

455.04 TRAINING AND NOTIFICATION REQUIREMENTS
I. The warden shall ensure all new and existing prison officials, including medical and nonmedical
staff, correctional personnel, and others who are involved in the transportation or supervision of
pregnant inmates receive training on the prohibited use of restraints on inmates during labor,
delivery, and recuperation in accordance with NRS 209.376.
A. Florence McClure Womens Correctional Center (FMWCC) basic training and general
restraint training must include specialized training on NRS 209.376.

B. Signed copies of all trainings shall be kept in the training files for FMWCC and Central
Transportation staff, and prison officials must be able to provide these records upon request.

C. Unless an emergency situation exists that would prevent otherwise, no prison official shall
supervise an inmate during labor, delivery, or recuperation unless that individual has received
training on NRS 209.376 and signed the relevant acknowledgement form .
2. The warden shall be notified when an inmate is pregnant or in postpartum recovery . Once the
warden has received notification that an inmate is pregnant or in postpartum recovery, relevant
institutional staff will be informed that the policies and procedures that apply to pregnant inmates
apply to the inmate.
3. Any prison official who fai ls to comply with NRS 209.376 and the relevant policies shall face
investigation and review pursuant to NRS Chapter 289.

4. The Department and its Director shall have an affirmative duty to investigate and ensure
compliance with the policies pertaining to pregnant inmates.

APPLICABILITY
I. This AR requires an Operational Procedure for each institution and facil ity.
2. This regulation requires an audit.

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REFERENCES
ACA Standard, 4th Edition, 4-4405

, Director

Date

/\R 455

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