Criminal Law Library Blog
According to the Editors of The Crime Report, the movement to ban shackling pregnant prisoners is gaining momentum. On August 26, 2009, Governor David Paterson of New York signed a bill (now NY Chapter 411 2009) banning the practice for all but the most unruly inmates. What is happening in your state?
Only six states-California, Illinois, New Mexico, New York, Texas and Vermont-have legislation regulating the use of restraints on pregnant women. Women detained in 44 states, the District of Columbia and the Federal Bureau of Prisons lack such legislative protection. Some state departments of corrections did not provide details on what type of restraints may be utilized during labor, nor did they provide their policy.
(Research provided by Amnesty International and The Rebecca Project for Human Rights.)
Alabama
Alabama stated that restraints depend on the security class of the woman, but that “often two extremities are restrained.” Alabama allows the use of restraints during labor. Alabama may use restraints on pregnant women in the third trimester.
Alaska
Alaska allows the use of restraints during labor.
Arizona
Arizona may use restraints on pregnant women in the third trimester. Arizona has no written policy governing restraints on pregnant women.
Arkansas
Arkansas reportedly has a policy stipulating that women with “lesser disciplinary records” will at times have one arm and one leg restrained by flexible nylon “soft restraints.” Arkansas did not provide information on how women with other disciplinary records are restrained. Arkansas may use restraints on pregnant women in the third trimester. In Nelson v Norris, the Eighth Circuit upheld Arkansas’s restraint policy.
California
California does not use restraints during labor and delivery. California has legislation regulating the use of restraints on pregnant women. California may use restraints on pregnant women in the third trimester.
Colorado
Colorado has no legislation limiting the use of shackling on pregnant inmates.
Connecticut
Connecticut has a written policy stipulating that no restraints are to be used on inmates during labor and birth. Connecticut may use restraints on pregnant women in the third trimester.
Delaware
Delaware allows the use of restraints during labor. Delaware may use restraints on pregnant women in the third trimester.
Florida
Florida has a written policy stipulating that no restraints are to be used on inmates during labor and birth. Florida reported that placement of an officer in the delivery room is decided on a case-by-case basis. Florida may use restraints on pregnant women in the third trimester.
Georgia
Georgia does not use restraints during labor and delivery. Georgia may use restraints on pregnant women in the third trimester.
Hawaii
Hawaii reported that they have no policy but that the practice is not to restrain women during labor and birth.
Idaho
Idaho allows the use of restraints during labor. Idaho may use restraints on pregnant women in the third trimester.
Illinois
Illinois allow restraints until the inmate is in “active labor” or arrives at the delivery room. Illinois has legislation regulating the use of restraints on pregnant women. Illinois may use restraints on pregnant women in the third trimester.
Indiana
Indiana allows the use of restraints during labor. Indiana may use restraints on pregnant women in the third trimester.
Iowa
Iowa reported that they have no policy but that the practice is not to restrain women during labor and birth. Iowa may use restraints on pregnant women in the third trimester.
Kansas
Kansas has a policy on restraining pregnant women during transportation, but no policy governing the use of restraints on women during labor and birth. The practice is not to restrain women during labor and birth. Kansas may use restraints on pregnant women in the third trimester.
Kentucky
Kentucky has no legislation limiting the use of shackling on pregnant inmates. The use of use of restraints during labor is based on hospital protocol and procedure.
Louisiana
Louisiana prisons have no restrictions on the application of restraints other than specifying that pregnant women should not be restrained facedown in four-point restraints. Louisiana also allows restraints, including leg irons to be utilized. Louisiana may use restraints on pregnant women in the third trimester.
Maine
Maine allows the use of restraints during labor. Maine may use restraints on pregnant women in the third trimester.
Maryland
Maryland has no legislation limiting the use of shackling on pregnant inmates. Maryland DOC did not answer survey questions about policy towards women in labor.
Massachusetts
Massachusetts allow restraints until the inmate is in “active labor” or arrives at the delivery room. Massachusetts may use restraints on pregnant women in the third trimester.
Michigan
Michigan does not use restraints during labor and delivery. Michigan may use restraints on pregnant women in the third trimester.
Minnesota
Minnesota allows the use of restraints during labor. Minnesota may use restraints on pregnant women in the third trimester.
Mississippi
Mississippi allows the use of restraints during labor. Mississippi may use restraints on pregnant women in the third trimester.
Missouri
Missouri does not use restraints during labor and delivery. Missouri may use restraints on pregnant women in the third trimester.
Montana
Montana does not use restraints during labor and delivery. Montana may use restraints on pregnant women in the third trimester.
Nebraska
Nebraska does not use restraints during labor and delivery. Nebraska may use restraints on pregnant women in the third trimester.
Nevada
Nevada reported that “normally only wrist restraints” are used. Nevadamay use restraints on pregnant women in the third trimester.
New Hampshire
New Hampshire stated that one foot maybe shackled to the bed during labor depending on security class of the woman in labor. New Hampshire may use restraints on pregnant women in the third trimester.
New Jersey
Women are not restrained in their third trimester, no restraints are applied during labor and an officer is stationed outside the door.
New Mexico
New Mexico does not use restraints during labor and delivery. New Mexico may use restraints on pregnant women in the third trimester.
New York
NY legislation passed Thursday prohibits state and local correctional authorities from using restraints on a pregnant female inmate who is being transported for childbirth, during labor and delivery, and in post-natal recovery. An exception to this rule is made under extraordinary circumstances where restraints are determined to be necessary to prevent the woman from injuring herself, medical or correctional personnel. In these instances, a pregnant woman may be cuffed by one wrist.
North Carolina
North Carolina allows the use of restraints during labor. North Carolina may use restraints on pregnant women in the third trimester.
North Dakota
North Dakota does not use restraints on pregnant women in the third trimester. No other information was provided.
Ohio
Ohio allows the use of restraints during labor. Ohio may use restraints on pregnant women in the third trimester.
Oklahoma
Oklahoma allows restraints until the inmate is in “active labor” or arrives at the delivery room. Oklahoma may use restraints on pregnant women in the third trimester.
Oregon
Oregon reported that it does not use restraints during labor and delivery “unless expressly requested by the attending physician.” Oregon may use restraints on pregnant women in the third trimester.
Pennsylvania
Pennsylvania allows restraints until the inmate is in “active labor” or arrives at the delivery room. Pennsylvania may use restraints on pregnant women in the third trimester.
Rhode Island
Rhode Island has a written policy stipulating that no restraints are to be used on inmates during labor and birth.
South Carolina
South Carolina allows the use of restraints during labor. South Carolina may use restraints on pregnant women in the third trimester.
South Dakota
South Dakota does not use restraints during labor and delivery. South Dakota may use restraints on pregnant women in the third trimester.
Tennessee
Tennessee allows the use of restraints during labor. Tennessee may use restraints on pregnant women in the third trimester.
Texas
Texas does not use restraints during labor and delivery. Texas may use restraints on pregnant women in the third trimester.
Utah
Utah did not respond to survey questions on DOC policy for pregnant women.
Vermont
Vermont has no legislation limiting the use of shackling on pregnant inmates.
Virginia
Virginia did not respond to survey questions on DOC policy for pregnant women.
Washington
Washington has a written policy stipulating that no restraints are to be used on inmates during labor and birth. Washington may use restraints on pregnant women in the third trimester.
West Virginia
West Virginia reports that leg restraints would not be used during labor. West Virginia may use restraints on pregnant women in the third trimester.
Wisconsin
Wisconsin allows restraints until the inmate is in “active labor” or arrives at the delivery room. Wisconsin may use restraints on pregnant women in the third trimester.
Wyoming
Wyoming has a written policy stipulating that no restraints are to be used on inmates during labor and birth.
Federal Bureau of Prison
Federal Bureau of prisons agreed to stop routinely shackling pregnant inmates, and ban all use of belly shackles in October 2008.
District of Columbia
District of Columbia has a written policy stipulating that no restraints are to be used on inmates during labor and birth.