Imagine being separated from your child. Taken from you in the birth room moments after birth against your will. Months and even years go by before you see your child again. It sounds like the opening of a horror movie, but for some people accused of simple things like theft or an altercation between family members, this horror became a reality. We at Glasgow & Olsson sincerely hope that this situation never happens to you, but if you happen to be placed in prison while pregnant or have the misfortune of being stuck in prison when giving birth, you should know about your rights and the new protections for pregnant prisoners written into Illinois state law. You may be worried that you can be separated from your newborn infant or that prison services and expertise around pregnancy may be lacking.
Before the Safe-T Act was passed, you would have been right to worry. However, the new bill requires both county jails and the Department of Corrections to require training on the medical and mental health care issues applicable to pregnant prisoners. The new bill also makes sure that prisoners who have recently given birth can stay with their children. This article will examine these new changes.
Can I Stay With My Newborn While in Prison?
It is now a requirement under Illinois law that for 72 hours after giving birth, prisoners are entitled to stay with their infant. The law also requires that prisoners have access to any of the nutritional or hygiene-related services necessary to care for that infant. This legislation does come with the caveat that the prisoner is entitled to this postpartum time unless the prisoner is a danger to the well-being or safety of the newborn. The judgment of this danger must come from a medical professional in order to encroach on the right to stay with the child.
Can I Be Separated From My Child Due to Administrative Actions?
New Illinois law protects pregnant prisoners or prisoners who have given birth within the preceding 30 days from being placed in administrative segregation unless a corrections officer believes there is a pressing safety risk to the prisoner, infant, or others.
This means that you cannot be separated from your child except under extremely extenuating circumstances, which cause you to be exempt from the protections provided to you under Illinois state law. In other words, you cannot be placed under solitary confinement if you are pregnant or if you have given birth in the last 30 days unless you pose an active safety risk.
Contact an Experienced Lawyer Today
If you have been charged with a crime and you have questions about your pregnancy status in relation to a potential conviction, do not delay in acquiring legal help from our law offices. Glasgow & Olsson is uniquely qualified to help navigate new changes to Illinois State law. When you need an attorney, experience matters. Contact us today to learn how our experience can get you the results you deserve.