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 |
Virginia currently allows pregnant prisoners to be shackled – even during labor, delivery and postpartum recovery. Although the Virginia Department of Corrections limited the use of such restraints over the summer, in many instances this treatment occurs in local and regional jails and lockups – facilities which do not fall under the jurisdiction of the Department of Corrections.
The authority to regulate such local and regional facilities instead falls under the Board of Corrections, and the Board of Corrections has begun a regulatory process to address this issue. Unless it is absolutely necessary, constraining prisoners during pregnancy and childbirth diminishes respect for the sacredness of human life and regard for inherent human dignity.
The American Congress of Obstetricians and Gynecologists and the American Medical Association oppose the practice of shackling inmates due to the health risks it poses to the life of the mother and her child.
The adoption of limitations does not present a threat to safety: states which have restricted the use of restraints on pregnant inmates have no documented instances of women in labor or delivery causing harm to themselves, correctional staff or medical staff.
State-run correctional facilities have already enacted limitations on this practice; local and regional facilities should do the same.