Do We Need a Federal Ban on Shackling Pregnant Prisoners?

• While two dozen states prohibit the practice of restraining incarcerated women during childbirth, it’s still legal at the federal level.
• The First Step Act, among a host of other provisions, would ban this practice at federal facilities.

Why it matters

The U.S. has the highest incarceration rate of women in the world, with approximately 112,000 women in federal and state prisons and another 110,000 in jails. These figures don’t account for women in private correctional facilities.

Federal statistics on the number of incarcerated pregnant women haven’t been updated in years, but the number of women behind bars increased more than 700 percent between 1980 and 2016 from 26,000 to nearly 214,000, according to The Sentencing Project. The growth outpaced male incarceration by 50 percent.

The American Civil Liberties Union says shackling incarcerated pregnant women is “dangerous” and “inhumane.” The American College of Obstetricians and Gynecologists says it puts the health of the mother and baby at risk.

Prison officials say that shackling can be necessary to preserve safety and to prevent flight attempts.

First Step Act

If it passes in its current form, the First Step Act would codify into law rules that are already in place at the Bureau of Prisons that generally prohibit the use of restraints on pregnant inmates, except for those who are an immediate and credible flight risk or threat of harm to herself, the baby, or others.

The bill would also block pregnant women from being placed in solitary confinement, where it’s hard to access proper health care and nutrition.

The bill wouldn’t apply to state facilities.

What do you think?

Do you support the First Step Act and its prohibition on shackling incarcerated pregnant women? Why or why not? Tell your reps what you think, then share your thoughts below.

—Sara E. Murphy

(Photo Credit: Contact Press Images / Jane Evelyn Atwood)