Virginia Regulatory Town Hall
Agency
Department of Corrections
 
Board
State Board of Local and Regional Jails
 
chapter
Minimum Standards for Jails and Lockups [6 VAC 15 ‑ 40]
Action Amend Minimum Standards for Jails and Lockups to add requirements on restraint of pregnant offenders
Stage NOIRA
Comment Period Ended on 2/29/2012
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1/31/12  5:25 pm
Commenter: Donna Moore

Support of HB 836
 

I am in support of HB 836 that bans hard restraints on pregnant inmates during labor, transport, delivery or postpartum recovery except in the case of extenuating safety circumstances.  This bill would codify action taken this past fall by the Virginia Board of Corrections in which the Board voted unanimously to restrict the use of hard restraints on pregnant prisoners.  The bill allows for an assessment by the jailer that if the pregnant inmate is a flight risk or may pose serious risk of harm to herself or others she may still remain in shackles.

The Facts

·         The American Congress of Obstetricians and Gynecologists, the American Medical Association, and the United Nations have condemned the practice of using restraints on pregnant prisoners, citing the serious health risks posed to the mother and infant.

·         Eli Adashi, a professor of medical science at Brown University and member of the Center for Prisoner Health and Human Rights, said the health risks grow with each advancing stage of pregnancy.

·         The challenges of restraints become more urgent in the delivery room, where it’s vital for a woman to move around early in labor to appease pain and expedite delivery. Should an emergency arise, including the need for a cesarean section, precious seconds are lost uncuffing a woman, potentially preventing a doctor from delivering necessary care, according to Maureen Phipps, Associate Professor of Obstetrics and Gynecology at Brown University.

·         Restricting the use of restraints on pregnant prisoners will not jeopardize the safety of correctional or medical staff. Among the states that have restricted restraints on pregnant inmates, none have documented instances of women in labor or delivery escaping or causing harm to themselves, the public, security guards, or medical staff.

CommentID: 21716