As Arlington County Sheriff and Vice President of the Virginia Sheriffs’ Association, I would like to set the record straight on the restraint of pregnant inmates.  First, as Sheriff, my primary responsibility is to ensure the safety and security of those individuals remanded to my custody, my staff and the community. To ensure that this can be done in a safe and secure manner, I believe anytime an individual remanded to my custody (with the exception of a medical emergency) that needs to be transported outside of the secure perimeter should be restrained. Specifically, in the pregnant inmates case with handcuff’s in front, in a safe and secure manner to ensure the safety of the inmate, the public’s safety as well as my staff. 

 

Second, after surveying Virginia Sheriffs’, there was not one Sheriff that runs a local jail that indicated they restrained a pregnant inmate during labor and delivery. Third, Arlington County Sheriff’s Office policy and procedure currently (and for a number of years) requires pregnant inmates be restrained in front when being moved outside the secure perimeter of the detention facility. Restraints are not used during transportation to the hospital when in labor and during delivery.   After delivery, they will be treated as any other inmate with a medical condition. 

 

After delivery, inmates are held with a leg restraint; however, our staff will follow the doctor’s direction in reference to the inmate’s medical needs. An example of this would be if the doctor directs that the inmate needs to walk and move around after delivery, that request will be accommodated. Finally, this is an educational issue that needs to be brought to the attention of Sheriff’s and Regional Jail Director’s.

 

Subsequently, we do not have an issue with standards being developed that address the issue of not using restraints during labor and delivery. However, it is my belief the amendments as currently written place a substantial concern on our ability to ensure the safety and security of the inmate, staff and the public.   It is safe to say that we do not believe a pregnant inmate should be restrained during labor and delivery unless she is combative and poses a risk to herself or others.  

 

Additionally, there is a clear distinction between prisons and jails. It is not uncommon for a pregnant inmate to be committed to jail while under the influence of drugs/ alcohol, thus raising our supervision and/or security concerns. Managing that prisoner’s assaultive or non-compliant behavior while they are detoxing can be difficult and for everyone’s safety and security we need the flexibility to restrain inmates by using the least restrictive means possible.  

 

 It is my hope (and VSA’s) that we can work together to develop Board of Corrections regulations referencing the restraining of pregnant inmates that both supports the need that public safety has to come first, but as well honors the concerns that a pregnant inmate not be restrained during labor and delivery and makes appropriate accommodations when transporting a pregnant inmate outside the secure perimeter of the jail.