C.R.S. § 17-26-104.7: Prohibition against the use of restraints on pregnant persons in custody.

(1) (a) The staff of a county or municipal jail, in restraining a person who is committed, detained, or confined to a county or municipal jail, shall use the least restrictive restraints necessary to ensure safety if the staff of the county or municipal jail have a reasonable belief that the person is pregnant. For the use of restraints during labor, delivery, and postpartum recovery in a county jail, the staff shall comply with the "Protection of Individuals from Restraint and Seclusion Act", article 20 of title 26. Despite the release requirement in subsection (1)(b) of this section, if labor, delivery, or postpartum recovery occurs at a municipal jail for a pregnant person charged with a violation of a municipal ordinance, use of restraints is prohibited during the labor, delivery, and postpartum recovery.

(b) The keeper of the municipal jail shall release a pregnant person charged with a violation of a municipal ordinance from custody if the staff of the municipal jail have a reasonable belief the person is in labor, unless remaining in custody is necessary for the health or welfare of the pregnant person. The keeper of the jail shall offer the person transportation to the hospital and release the person on an unsecured personal recognizance bond with no other conditions returnable to the municipal court.

(2) (a) Repealed.

(b) The county or municipal jail or medical facility staff authorizing the use of restraints on a pregnant person during labor or delivery of the child shall make a written record of the use of the restraints, which record must include, at a minimum, the type of restraint used, the circumstances that necessitated the use of the restraint, and the length of time the restraint was used. Notwithstanding the release requirement described in subsection (1)(b) of this section, if labor, delivery, or postpartum recovery occurs at a municipal jail for the health or welfare of the pregnant person, the municipal jail staff shall make a written record, which must include, at a minimum, whether labor, delivery, or postpartum recovery occurred at the municipal jail, the reason the pregnant person was not released from custody during labor, and the date and time labor occurred. The sheriff or, for a municipal jail, the keeper of the municipal jail shall retain the record for a minimum of five years and shall make the record available for public inspection with individually identifying information redacted from the record unless the person who is the subject of the record gives prior written consent for the public release of the record. The written record of the use of restraint does not constitute a medical record under state or federal law. No later than February 15, 2027, and each February 15 thereafter, the sheriff or keeper of the municipal jail shall submit the records created pursuant to this subsection (2)(b) in the prior calendar year to the judiciary committees of the senate and house of representatives, or their successor committees.

(3) Upon return to a county jail after childbirth, the person who gave birth is entitled to have a member of the county jail's or county's medical staff present during any strip search.

(4) When a person's pregnancy is determined, the staff of a county or municipal jail shall inform the pregnant person committed, detained, or confined in a county or municipal jail in writing in a language and in a manner understandable to the pregnant person of the provisions of this section concerning the use of restraints, the presence of medical staff during a strip search, and, for people in labor and in custody of the municipal jail, the right to be released.

(5) Each sheriff shall ensure that staff of the county jail receive adequate training concerning the provisions of this section. Each keeper of a municipal jail from a city with a municipal jail shall ensure that staff of the municipal jail receive adequate training concerning the provisions of this section.