To whom it may concern,

 

The members of the National Religious Campaign Against Torture, a coalition of 313 religious institutions and organizations, believe that unnecessarily restraining pregnant prisoners during pregnancy and childbirth neglects the sacredness of human life, a concept deeply rooted in all faith traditions.  This practice strips the dignity from the women, who are created in the image of God, and desecrates the sacred moment of welcoming a new life into the world.  We must seek to preserve the dignity of all human beings, even those who have committed crimes.  It is especially true that every child has inherent worth – and should be treated that way. 

 

We recognize and affirm the responsibility of correctional institutions to ensure the safety of incarcerated individuals, other corrections staff, and the community at large. Yet we also urge the Board to recognize and affirm its unique responsibility to ensure the incarcerated pregnant woman’s health during pregnancy and child-birth and to protect the well-being of her child.

As you consider these regulations, we ask not that you choose between public safety or the well-being of a mother and her child. We ask that the Board critically weigh both these concerns to develop sound and humane regulations. Some factors that the Board should include in their analysis are discussed below.    

 

It is important to keep in mind that the vast majority of women of incarcerated women are nonviolent offenders.  Except for the high-risk restraint application described below, we are not opposed to the least restrictive use of restraints where there is sufficient evidence that a pregnant woman poses a compelling danger to herself or staff or a legitimate flight risk.  

 

Illinois passed legislation to restrict shackling of pregnant inmates in 2000 and since then, 13 other states have followed suit. None have reported instances of women escaping or compromising the safety of corrections staff as a result. 

 

Prior to giving birth, restraints pose risks to mothers and their unborn children.  During pregnancy, a woman’s center of gravity shifts, and her balance is compromised. Consequently, placing restraints on a pregnant woman can increase her chance of falling, resulting in possible miscarriage or injury. Additionally, the American Congress of Obstetricians and Gynecologists recommends that, after the first trimester, restraints should not be applied while a woman is “flat on her back or stomach” and “pressure should not be applied either directly or indirectly to the abdomen while restraining the patient.” 

 

Freedom from restraints is especially critical during labor, delivery, and postpartum recovery to enable women to move around to assist in the birthing process and to sure that medical staff can easily perform emergency procedures. Freedom from restraint is also important to prevent postpartum hemorrhage and to promote postpartum bonding between a mother and her newborn.     

 

As you are aware, the coalition of faith-based and civil liberty organizations working on this issue have independently collected many accounts from women who have been restrained during pregnancy or childbirth in Virginia, since there are no publicly available records of such incidents at this time. In order to promote transparency going forward, we strongly support that the regulations require reporting from each correctional facility about the occurrence of and rationale for restraining pregnant inmates. Public reporting by correctional facilities is the best way to prevent unnecessary and degrading treatment of pregnant inmates, as well as protect corrections staff from false allegations.         

 

For these reasons, the National Religious Campaign Against Torture urges the Board to finalize clear guidelines to limit the restraint of pregnant inmates that reflect a compassionate balance of public safety concerns and the well-being of incarcerated mothers and their children.  

 

Thank you.

 

Sincerely,

 

Rev. Richard Killmer
National Religious Campaign Against Torture