Bill to limit shackling of pregnant inmates draws support

Some pregnant women who are inmates in Virginia's jails have been forced to go through labor and even delivery in handcuffs and shackles.

The revelation is the reason a broad spectrum of faith, women's-rights advocates and prison groups gathered today to express support for House Bill 836, legislation that would severely restrict the shackling of pregnant inmates.

Shackling female inmates while they are in labor and delivery "defiles the sacred moment of childbirth," said Heather Rice, a member of the National Religious Campaign Against Torture.

"It's cruel and unusual punishment," said Katherine Greenier of the Virginia chapter of the American Civil Liberties Union, representing one of more than a dozen groups opposed to the practice.

The measure, sponsored by Del. Patrick A. Hope, D-Arlington and Del. James M. LeMunyon, R-Fairfax, would "prohibit a state, regional, local, or juvenile correctional facility from using restraints on any prisoner who is pregnant during labor, transport to a medical facility, delivery, or postpartum recovery."

The measure includes an exception that allows a warden or superintendent or jailor to use restraints if a prisoner poses a serious threat to herself or others, or is deemed a flight risk who cannot otherwise be restrained. The bill also instructs jailors to use "the least-restrictive restraints necessary on any inmate in the second or third trimester of pregnancy."

Bureau of Justice Statistics cited by Prison Fellowship, a nonprofit ministry, say roughly 40,000 women are pregnant behind bars in prisons and jails across the U.S. Legislation imposing similar restrictions has been adopted by the federal government and 14 states.

Statistics were not available for Virginia, but Holly Coy of the Virginia Interfaith Center said there are no documented incidents of pregnant inmates escaping or harming themselves or others because they were not restrained during childbirth.

At a news conference, the ACLU distributed the testimonies of more than a dozen women incarcerated in Virginia who say they were forced to give birth while shackled. Among them:

"Virginia Mother Three was shackled during transport to and from the hospital and during her labor, delivery, and postpartum recovery in the hospital. A waist chain restrained her at all time times. In addition to the waist chain, both her arms and legs were handcuffed to the bed at the hospital during labor, delivery and postpartum recovery. She reported being unable to move giving birth and had difficulty holding her baby."

Hope called the practice "demeaning and unnecessary" and said restraints pose a health and safety risk to a pregnant woman and her unborn child.

LeMunyon said the need for legislation codifying the restriction is "intuitively obvious" noting that he had a hard time understanding how it would be necessary to shackle a woman who was giving birth.

Last summer, the state Department of Corrections told advocates that its policy for the transport of pregnant inmates only authorizes the use of handcuffs. Advocates said that since the introduction of the policy, there have been no additional reports of shackling. But local and regional jails in Virginia are not subject to DOC policy.

Greenier said the policies vary by locality, and that legislation codifying a non-shackling policy is necessary to promote accountability across the state.

The legislation brought together a number of groups who are often diametrically opposed on other issues involving women's health and parenting such as abortion and adoption.

This time, however, Planned Parenthood and NARAL Pro-Choice Virginia share common ground with the Virginia Catholic Conference and the Family Foundation.

"We are hopeful the General Assembly will understand the need to codify what many correctional facilities already purport to do," said Victoria Cobb of the Family Foundation, who in a statement called the bill "compassionate, common-sense reform essential for the full health and well-being of both mother and baby."

The measure is opposed by the Virginia Sheriff's Association, which represents sheriff's departments which are responsible for running most of the jails in the state.

House Bill 836 comes before a House of Delegates subcommittee on Thursday.