Maryland Moves Toward Ending the Practice of Shackling Pregnant Inmates
by Leigh Goodmark and Lisa Piccinini
[Editor’s Note: In the blog below, Professor Leigh Goodmark and Lisa Piccinini report on their current advocacy work to move Maryland toward greater protection of pregnant inmates from shackling during childbirth. U.S. policies of shackling pregnant inmates will be before the UN Human Rights Committee next week as it reviews US compliance with the ICCPR. Two of the Shadow Reports submitted on this topic are available here and here. Perhaps this timely international attention can contribute to the momentum in Maryland.]
Leigh Goodmark, Professor, University of Maryland School of Law, and Lisa Piccinini report:
The Gender Violence Clinic at the University of Maryland Francis King Carey School of Law is teaming up with the ACLU and non-profit Power Inside to advocate on behalf of a bill that would protect pregnant inmates from shackling during labor, delivery, and postpartum recovery. The bill, entitled the “Healthy Births for Incarcerated Women Act,” is co-sponsored by Delegate Mary Washington and Senator Jamie Raskin. Eighteen other states have passed similar legislation, and it is this bill’s second round in Maryland after significant amendments weakened the bill last year.
The Maryland bill prohibits the use of physical restraints on pregnant inmates during labor and delivery unless such restraints are deemed necessary by the medical professional caring for the inmate. There is also an exception allowing such restraints, including during postpartum recovery, in instances where the correctional facility has made an individualized determination that restraints are necessary for safety and security reasons.
During hearings in the both the House and Senate committees, medical professionals agreed that a woman in labor or delivery poses minimal flight and safety risks for the obvious reason of being physically incapable of much movement. Medical professionals also noted that restraints themselves pose significant health risks, including limiting movement during labor, which is necessary for the health of the mother and child, and increasing the chances of falling.
Proponents for the bill argue that it would help protect women inmates, the majority of whom are incarcerated for non-violent offenses, from suffering unnecessary trauma. The Gender Violence Clinic testified that shackling pregnant, delivering, and postpartum inmates could be particularly devastating to the large number of inmates who have suffered previous abuse. In particular, using restraints to limit a woman’s control of her own body during the uniquely intimate process of birth can both dehumanize the individual and exacerbate previous trauma she has experienced, such as Post Traumatic Stress Disorder and depression.
The bill also requires correctional facilities to develop policies regarding the use of physical restraints on a pregnant inmate in and outside of the facility, as well as to report to the Governor each instance where such a restraint is used. This reporting requirement addresses a point of contention—that is, how often pregnant inmates are actually shackled. The Gender Violence Clinic submits such shackling is underreported because inmates do not believe it is illegal. Our contacts with hospitals around the state made it clear that inmates in labor and delivery are routinely shackled during their hospital stay. The bill’s reporting requirement will help to illuminate how often this practice occurs and under what circumstances.
The bill has passed out of Judiciary Committee in the House, and is currently being considered in the Judicial Proceedings Committee in the Senate. For more information, or to sign the Statement of Opposition, please visit http://daretobepowerful.com, or check out Moms Rising for a summary of similar legislation in other states.