Ask Legislators to Support SB1209 Prohibiting Restraints on Pregnant Incarcerated Women

Dear ACLU-TN Alert Network:

SB 1209, which prohibits the use of restraints on pregnant incarcerated women, is scheduled to be heard tomorrow morning (Tuesday, 3/24) in the Senate State and Local Government Committee at 8:30 a.m. Please contact members of the Senate State & Local Government Committee and your State Senator and ask them to vote YES on SB1209. If your state senator serves on the committee it is especially important that you contact them asap. To find out who your senator is go to http://www.capitol.tn.gov and under “Find Your Address” put in your address and click search.

Major correctional and health organizations and civil liberties and women’s groups oppose the shackling of pregnant incarcerated women. Please join us in urging our legislators to make Tennessee the fourth state in the country to prohibit this barbaric practice. See talking points below.

Many thanks,

Hedy

 

Talking Points

National correctional and medical associations oppose the shackling of pregnant women because it is unnecessary and harmful to a woman and her pregnancy. 

The federal Bureau of Prisons, the U.S. Marshalls Office, the American College of Obstetricians and Gynecologists, and the American Public Health Association have recognized that shackling women during labor, delivery and post-partum recovery is unnecessary and dangerous to a woman’s health and well being.

Freedom from physical restraints is especially critical during labor, delivery and during post-partum recovery after delivery. 

Women often need to move around during labor and recovery, including moving their legs as part of the birthing process.  Restraints on a pregnant woman can interfere with the medical staff’s ability to appropriately assist in childbirth or to conduct sudden emergency procedures.

Restraining a pregnant woman can pose undue health risks to the woman and her pregnancy.

Shackling pregnant women is dangerous and inhumane.  Restraining prisoners and detainees increases their potential for physical harm from an accidental trip or fall.  The impact of such harm to a pregnant woman can be severely detrimental to her pregnancy.  During labor and post-partum, shackling can interfere with appropriate medical care and be detrimental to the health of the woman and her newborn child.

The vast majority of female prisoners in Tennessee are non-violent offenders who pose a low security risk—particularly during labor and post-partum.  In the three states that have outlawed shackling of pregnant inmates, there have been no instances of a woman in labor or delivery escaping or causing harm to themselves, security guards or medical staff.

It is unconstitutional cruel and unusual punishment to shackle a pregnant woman during labor and delivery. 

Shackling a woman during labor demonstrates a deliberate indifference to a prisoner’s serious medical needs and constitutes cruel and unusual punishment, violating long-established Supreme Court precedent protecting prisoners’ 8th Amendment rights.