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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372 comments

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1/30/12  7:09 am
Commenter: Scott Price, Alliance for Progressive Values

End Shackling of Pregnant Prisoners During Labor
 

The Alliance for Progressive Values calls for an end to the dangerous and inhumane practice of shackling pregnant prisoners even when in labor, except in rare and extraordinary circumstances.

During the process of giving birth, women often need to move and change position as a natural consequence of being in labor. This is a fact of life that does not change even if the women in question are incarcerated. During labor it is extremely important that a women have the freedom to find new positions that make them comfortable and that facilitate in the delivery. The practice of shackling either at the waist or at the extremities puts potentially dangerous stresses on the pregnant women's body and on the fetus she is carrying. After delivery, during postpartum recovery women will continue to need the freedom to move without constraint so as to better bond with their newborn. This experience is critical to building the mother's relationship with her child and in the child's healthy development.

During labor, delivery and recovery, freedom from restraint also serves to allow the attending medical staff to more easily and effectively do their jobs. Emergency procedures could be hampered by the presence of shackles and it is imperative that during postpartum recovery women retain freedom of motion to avoid the potential for internal hemorrhaging.

Furthermore the practice seems to be an unnecessary one as there are no reports of women attempting to escape during labor or delivery in the states that have restricted shackling. Nor have their been any instances of guards, medical staff or the public being injured by unshackled prisoners in the process of giving birth or in the period directly before or after.

The shackling of pregnant prisoners is repugnant on its face and it should be stopped immediately. The Alliance for Progressive Values joins other faith based and civil rights organizations as well as medical and national correctional associations in condemning the practice and supporting new regulations to prohibit it in the future.

CommentID: 21665
 

1/30/12  11:14 am
Commenter: Cynthia Neff

Shackling of Women Inmates During Childbirth
 

Over the course of several years, I have volunteered for the Legal Aid Justice Center in Charlottesville working on issues of the incarcerated.  While there are certainly many issues with our justice system and the ensuing correctional process, the shackling of women during the process of childbirth is one of the most inane and frankly, inhuman processes I've seen.

Many of the women inmates from the Fluvanna site get sent to the University of Virginia for delivery of a child.  Since the institution waits until the very last moment to transport these women to UVA to deliver, they are almost always in labor during transport and arrival at the hospital.  I will not include here the medical opinions of doctors and nurses at UVA I've received about why shackling women inmates during labor is not only unnecessary but dangerous for both the mother and child.  I will hoever suggest that it is OBVIOUS to anyone that a women in labor under the supervision of 2 accompanying guards is not a flight risk!

Please prohibit the shackling of women during childbirth in Virginia.  We are better than this!  What hope do we have to solve the really hard problems with over-incarceration, recidivism and the billions of dollars we're spending on corrections if we can't agree that women in labor should not be bound in shackles.  How do we solve the really hard problem of what will become of that baby born to an incarcerated mother who was taken back to prison less than 5 hours after giving birth?

 

 

 

 

CommentID: 21668
 

1/31/12  2:39 pm
Commenter: Rev. Jay G. Smith, Cambridge Baptist Church, Henrico, VA

End the use of shackles
 

I cannot believe that pregnant prisoners who go into labor are shackled. How barbaric and how harmful to the health of the mother and baby.  Please end this practice.

CommentID: 21682
 

1/31/12  2:49 pm
Commenter: Yvonne Laffoon

shackles or restraints for pregnant prisoners
 

Pregnant women need to be able to move to give birth. You guys don't know what giving birth is like. Trust me, you need to move!  The Hebrew women in the Bible gave birth sitting on birthing stools, which is a good idea, because gravity helps with the delivery. But lying flat in a bed and not being able to move around would be agonizing!  I don't know of too many women who would run away when they are in active labor. The physical action of birth just wouldn't allow them to go far anyway!  And they don't call it labor for nothing!  You're too darn tired to move afterward, so just vote to make shackles & restraints for pregnants prisoners a thing of the unenlightened past. Thank you.

 

Yvonne Laffoon

CommentID: 21685
 

1/31/12  2:57 pm
Commenter: Pastor Glenn Dryden

House Bill 836
 

House Bill 836 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.

I urge your support of HB 836.

CommentID: 21691
 

1/31/12  3:06 pm
Commenter: Mark Keller

Restraints on pregnant priseners
 

I urge you not to restrain women who are in labor and deliving a child.  It is not safe.


CommentID: 21692
 

1/31/12  3:11 pm
Commenter: Sherry Holland

Shackles
 

Please suppot HB 836.

We must insure that mothers and their unborn children are protected and given the best opportunity for a safe start together.

 

 

CommentID: 21693
 

1/31/12  3:12 pm
Commenter: Kristen Cooper, Chairwoman, 912 First Landing Patriots

HB 836
 

I am in favor of restricting the use of shackles on pregnant prisoners. I find it cruel and unusual punishment that putting pregnant women in shackles during delivery has been in practice in our great Commonwealth. I think it shows a lack of respect for what expectant mothers endure during childbirth. Please do the right thing and support HB 836, placing the importance of the indiviudal (mom and baby) over the state's policy that needs an overhaul, as other states that do not have such archaic regulations do not experience a higher prison escape rate.

CommentID: 21694
 

1/31/12  3:18 pm
Commenter: Carol Jennings

Pregnant prisoners
 

Please restrict the use of shackles on pregnant prisoners. Please do not use hard restraints on pregnant prisoners during transport, labor, delivery, etc.  This is in the best interest of the babies being delivered.  Thank you.

CommentID: 21696
 

1/31/12  3:26 pm
Commenter: Lucy Dartley

Limit Restraints
 

Please take into account the unuasual restraint of a mother who is delivering her child in prison. The comfort of the mother and the delivery of the child is disturbed when the mother cannot move with ease during labor.

CommentID: 21698
 

1/31/12  3:34 pm
Commenter: Wendell Brown

Support Regulations on Restraints During Childbirth
 

I support the proposed regulation to prohibit the use of hard restraints on women in prison who are giving birth to children. This regulation will promote the heath and safety of the mother and child during birth. 

CommentID: 21699
 

1/31/12  3:49 pm
Commenter: Mary Mack

Please vote IN FAVOR of legislation to restrict the use of shackles on pregnant prisoners
 

T

·         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: 21701
 

1/31/12  3:57 pm
Commenter: Connie Buttimer

In favor of restricting the use of shackles on pregnant prisoners.
 

We should restrict the use of shackles on women who are pregnant and experiencing labor.  They need to have the freedom to move in order to help aleviate some of the pain associated with child birth.  The risk to medical personnel or the risk of flight is so minimal that this is the only humane thing to do for the women prisoners  in this situation. 

CommentID: 21702
 

1/31/12  4:12 pm
Commenter: Kristin Zwanzig

Restraint Restrictions on Pregnant Inmates
 

I just wanted to express my opinion in favor of restricting heavy restraints on pregnant women who are going into labor, en route to the hospital and in the hospital. 

As long as the person isn't a danger to herself or others, she should have the least amount of restraints possible to ensure that the baby's life is not endangered in any way during the birth.

Thank you for your attention to this matter.  Sincerely, Kristin Zwanzig

CommentID: 21705
 

1/31/12  4:14 pm
Commenter: George and Donna Machen

In Favor of Restricting Hard Restraints
 
CommentID: 21706
 

1/31/12  4:24 pm
Commenter: George and Donna Machen

In Favor of Restricting Hard Restraints
 

    It is interesting to comment on this subject at this time since we are expecting and six days late.  This is child number six.  Although I, too, am limited on movement due to a previous ceasarean section, I cannot imagine delivering in hard restraints.  It seems inhumane to us.  We support limiting the use of restraints as long as the prisoner does not appear to be a threat to self or others.  Please decide in favor of what is safe for the health of the mother and baby!

CommentID: 21707
 

1/31/12  4:30 pm
Commenter: Lynne-Marie

Restricting Schakles on Women Prisoners in Labor
 

  I am  in favor of restricting the use of shackles on pregnant prisoners.

CommentID: 21708
 

1/31/12  4:33 pm
Commenter: Lynne Liggan

Protect the Health of Pregnant Prisoners & Their Unborn Babies
 

 

I am in favor of restricting the use of shackles on pregnant prisoners. 

CommentID: 21709
 

1/31/12  5:12 pm
Commenter: Lorna Swenson

Restraint of prisoners during childbirth
 

I am in favor of ending the practice of shackling a woman prisoner during the birth process unless there are valid reasons for safety. 

Lorna Swenson

 

CommentID: 21712
 

1/31/12  5:16 pm
Commenter: Kathleen Cantwell

HB 836
 

I wish to note my support for HB 836.  The American Congress of Obstetricians and Gynecologists and the American Medical Association have both stated restraints pose serious health risks to the mother and infant. In states where hard restraints are no longer used on pregnant women in labor, there have been no documented cases of women in causing harm to themselves or anyone else or of any women escaping. I support these proposed new regulations.

 

 

 

CommentID: 21714
 

1/31/12  5:16 pm
Commenter: Marie Riedel

Restrict Use of Shackles on Pregnant Inmates
 

I am in favor of HB836, which would restrict the use of heavy shackles to restrain pregnant inmates in Virginia.  Heavy shackles can cause harm to a woman in labor and delivery (and possibly to her baby) and during the postpartum time.

CommentID: 21715
 

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
 

1/31/12  5:28 pm
Commenter: Ronald M. Reese

Use of hard restraints on pregnant prisoners
 

I am in forvor of eliminating the use of hard restrants on pregnant prisoners, unless there is a real risk of flight involved.  .

CommentID: 21718
 

1/31/12  5:51 pm
Commenter: Nancy Pendergrass

Please support HB 836
 

Please protect the health of pregnant prisoners and their unborn babies.  I am in favor of restricting the use of shackles on pregnant prisoners.  I support the VA Board of Corrections action last fall in this regards.  Please do the right thing. 

CommentID: 21719
 

1/31/12  6:06 pm
Commenter: Jean Hurston

restraining incarcerated pregnant women
 

I am in favor of  banning restraints on incarcerated women during pregnancy. This is an inhumane practice that needs ending now.

CommentID: 21720
 

1/31/12  6:06 pm
Commenter: Julian Malcolm

Support HB 836
 

I am in favor of HB 836 and would urge you to support it.

CommentID: 21721
 

1/31/12  7:06 pm
Commenter: D'Arcy L McGreer

restricting the use of shackles on pregnant prisoners.
 

Please produce regulations about pregnant prisoners so that harmful and unnecessary restrainst are not used, particularly when they are in the process of giving birth to their child.

CommentID: 21728
 

1/31/12  7:08 pm
Commenter: Mary Ellen D'Agostino Social Action Linking Together (SALT)

Shackling women for childbirth in VA prisons & jails
 

Dear Representatives:

The issue of women being shackled in prisons and jails in VA. during childbirth and recuperation is truly one which needs immediate attention. This is not going to impact our budgets and can be one of the several humanitarian issues which legislators can be proud to endorse & share with their constituents as a positive effort during their term of service. Several states have reviewed the data concerning this issue and no longer allow this "cruel and unusual punishment". There are no paid lobbying groups to speak for these women, thus the issue has been ignored up to this time.

I have attended many meetings in 2011 with legislators and the Dept. of Corrections discussing this issue and the final consensus of all of these gatherings is to eliminate the practice in formal legislation. Del. Patrick Hope has championed this cause in Virginia during 2011 and is in possession of all the collected information concerning the movement to make certain that Virginia is included in the states which prohibit this practice. Medical , social, and humanitarian reasons join forces in supporting the elimination of this practice permanently.

Sincerely,

Mary Ellen D'Agostino

7417 First Landing Ct.

Henrico, Virginia 23231

 

 

 

 

CommentID: 21730
 

1/31/12  7:17 pm
Commenter: Ellie Gudeman

Treatment of pregnant prisoners
 

I am

in favor of restricting the use of shackles on pregnant prisoners.

CommentID: 21731
 

1/31/12  9:20 pm
Commenter: Theodore Ku

Support HB 836
 

I urge you to support HB 836, banning hard restraints on pregnant inmates during labor, transport, delivery or postpartum recovery except in the case of extenuating safety circumstances.

CommentID: 21739
 

1/31/12  9:21 pm
Commenter: Erma Cox

Pregnant Inmate Restraints During Labor
 

Unless you have been in labor yourself you cannot understand the travesty of this practice.  Pain during labor is debilitating and seems unsurvivable.  I urge you to rethink this practice and choose to be more humane when an inmate goes into active labor.  Restraints only jeopardize the wellbeing of both parties while undergoing the birth process.


CommentID: 21740
 

1/31/12  10:27 pm
Commenter: Tim Matthews

HB 836
 

I am in support of HB 836 which requires the restricted use of shackles on pregnant prisoners.

 

CommentID: 21742
 

1/31/12  11:55 pm
Commenter: Ruth Dale

Support Bill to Restrict Use of Shackles on Pregnant Women
 

I support the bill to restrict the use of shackles on pregnant/ in labor women in prison.  I believe this bill is needed to protect the health and safety of the mother and child.  Please do your best to make sure this bill becomes law.

CommentID: 21744
 

2/1/12  9:06 am
Commenter: John Kirwan

Please support HB 836
 

Please support HB 836 that bans hard restraints on pregnant inmates during labor, transport, delivery or postpartum recovery except in the case of extenuating safety circumstances.

CommentID: 21746
 

2/1/12  10:56 am
Commenter: Linda Osby

Pregnant prisoners
 

I am in favor of restricting the use of shackles on pregnant prisoners during transportion, labor and postpartum.

CommentID: 21748
 

2/1/12  11:45 am
Commenter: Ann K. Boccanfuso

HB836
 

I am writing to say that I am NOT in favor of restraints on Pregnant inmates during labor, transport, delivery or postpartum recovery.

Thank you.

CommentID: 21749
 

2/1/12  12:16 pm
Commenter: Michelle N.

Humane Treatment of Pregnant Imprisoned Women
 

Shackling pregnant women prisoners is a common degrading practice in the
United States, and faith based and civil rights groups in Virginia have
gathered stories from women in the Commonwealth who have been restrained
while pregnant and incarcerated. National correctional and medical
associations oppose the shackling of pregnant women because it is
unnecessary and dangerous.

CommentID: 21754
 

2/1/12  12:17 pm
Commenter: Ann Rudd

Prison Reform in Virginia
 

Virginia can do better than this.  It is a barbaric practice that needs to stop immediately.   Kudos to Del Hope for his interest in this and other prison reforms that he is trying to change.

 

Ann Rudd

CommentID: 21755
 

2/1/12  12:25 pm
Commenter: Francis Guidarelli

Please support the practice of not using shackles on pregnant women.
 
CommentID: 21757
 

2/1/12  12:26 pm
Commenter: Mary Campbell

Do Not Allow Shackling of Pregnant Inmates
 

Please do not allow the shackling of pregnant women inmastes.  Freedom from physical restraints
is especially critical during labor, delivery, and postpartum recovery.  Women frequently need to move around during labor and recovery, particularly during the birthing process.  The shackling is unhealthy for mother and child, as well as degrading and unnecessary.

Among the states that have restricted shackling of 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.
 

Thank you.

CommentID: 21758
 

2/1/12  12:46 pm
Commenter: Joyce K Kerrigan

Humane Birthing Treatment of Incarerated Women
 

I am in favor of humane treatment of incarerated women during the birthing of their children.  Schacling of these women as they bring new life into the world is inhumane treatment.

CommentID: 21762
 

2/1/12  12:47 pm
Commenter: Joy Cipriano, citizen --- WOMAN - MOTHER!

Stop Treating Women Like Animals!
 

It is time Virginia stop treating pregnant women prisoners like animals or slaves!!!! This practice was obviously developed by men who have no idea what it is like to give birth!!!!!!!! I would like to know how far a woman in the middle of contractions or birth would get running out of the birthing room and what idiot couldn't catch her. As a human being, a Christian, a woman, a mother, and a voter, it is time to end such practices even for prisoners in Virginia. I cannot imagine that sane people in Corrections would want this practice to continue, either.

CommentID: 21763
 

2/1/12  1:04 pm
Commenter: Peter L. Spain

Virginia prisons
 
I support regulations that limit the use of restraints on pregnant inmates.


 

Restraining pregnant inmates poses an unacceptable risk to women's health and to the health and safety of the fetus. Freedom from physical restraints is especially critical during labor, delivery, and postpartum recovery.


 

Women frequently need to move around during labor and recovery, particularly during the birthing process.


 

 


 

The absence of physical restraints is essential so that medical staff can easily conduct any necessary emergency procedures. Following birth, it is critical for a woman to remain unshackled to prevent postpartum hemorrhage.


 

Freedom from shackles after delivery also fosters postpartum bonding between a mother and her newborn, which is essential to the healthy development of the child.


 

 


 

Shackling pregnant women prisoners is a common degrading practice in the United States, and faith based and civil rights groups in Virginia have gathered stories from women in the Commonwealth who have been restrained while pregnant and incarcerated. National correctional and medical associations oppose the shackling of pregnant women because it is unnecessary and dangerous.


 

 


 

Restricting the use of restraints on pregnant women prisoners will not jeopardize the safety of correctional or medical staff. Among the states that have restricted shackling of 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.


 

 


 

Providing a procedure for compliance with this regulation will ensure much needed accountability.
CommentID: 21765
 

2/1/12  1:05 pm
Commenter: Ken Soha- concerned citizen

Eradicate practice of shackling pregnant women
 

The practice of shackling pregnant women is more than demeaning, outright inhumane and should be stopped immediately. 

CommentID: 21766
 

2/1/12  1:46 pm
Commenter: Paul Amrhein, St. Bridget Church

shackling during childbirth
 

I could not believe it when I heard the Commonwealth of Virginia shackles female inmates in labor.  This is one of the most barbaric practices I have heard of in the modern era.  I would have thought something like this would occur in the dark ages but in this day and age it is nothing short of outrageous.  This is ot only dangerous for mother and child, it is humiliating for all involved.

I am in favor or eliminating the use of shackles on pregnant prisoners during transportion, labor and postpartum.

CommentID: 21778
 

2/1/12  1:56 pm
Commenter: Kevin Raymond

Shackling and solitary confinement
 

 I am writing as a citizen of Virginia and ask that the BOC NOT allow the shackling of any pregnant prisoners in the system.  This is an inhumane practice and not something that anyone can be proud of.  It is demeaning enough to be pregnant and in prison and all the worse to be subjectto such barbaric practices.     And while on the subject, the issue of solitary confinement procedures at Red Onion is also inhumane.  Can the BOC PLEASE CONSIDER A TOP TO BOTTOM REVIEW OF ALL KEY PROCEDURES IN OUR PRISONS.   THANK YOU.  KEVIN RAYMOND

CommentID: 21780
 

2/1/12  2:27 pm
Commenter: Katherine Gotthardt

Please stop shackling pregnant inmates.
 

Shackling pregnant women is not only a human rights issue, it is a health issue.  Therefore, I support regulations that limit the use of restraints on pregnant inmates. Restraining pregnant inmates poses an unacceptable risk to women's health and to the health and safety of the fetus. Freedom from physical restraints is especially critical during labor, delivery and postpartum recovery.
Women frequently need to move around during labor and recovery, particularly during the birthing process.

The absence of physical restraints is essential so that medical staff can easily conduct any necessary emergency procedures.  Following birth, it is critical for a woman to remain unshackled to prevent postpartum hemorrhage. Freedom from shackles after delivery also fosters postpartum bonding between a mother and her newborn, which is essential to the healthy development of
the child.

Shackling pregnant women prisoners is a common degrading practice in the United States, and faith based and civil rights groups in Virginia have gathered stories from women in the Commonwealth who have been restrained while pregnant and incarcerated. National correctional and medical
associations oppose the shackling of pregnant women because it is unnecessary and dangerous.

Restricting the use of restraints on pregnant women prisoners will not jeopardize the safety of correctional or medical staff. Among the states that have restricted shackling of 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.

Providing a procedure for compliance with this regulation will ensure much needed accountability.
Thank you for considering this perspective.

Katherine Gotthardt

CommentID: 21788
 

2/1/12  2:35 pm
Commenter: Eugene Kelly Jr., private citizen

Notice of Intended Regulatory Action (NOIRA) regarding Prison Shackling Prevention
 

I am writing to urge that shakling of pregnant female inmates be forbidden.  For the sake of  the baby and the mother who must care for the baby (at least eventually) I urge that regulations be enacted that require jail and prison personnel to use special care in the handling of pregnant female inmates.

Thank you.

CommentID: 21790
 

2/1/12  3:28 pm
Commenter: Joanne Seale

Protect Health of Pregnant Prisoners and Their Babies
 

I am in favor of regulations restricting the use of shackles on pregnant prisoners during labor and delivery.  Please uphold these regulations.

CommentID: 21792
 

2/1/12  4:30 pm
Commenter: Social Action Linking Together (SALT)

Prison to Ban Shackling
 

SALT supports the prohibition of shackling or pregnant inmates in Virginia prison, in agreement with regulations of the Virginia Department of Corrections.  The regulation is modled after legislation (HB 1488) introduced by Delegate Partrick Hope.  This practice violates the dignity of the human person and is an ethical principle for advancing social justice in our communitiesand and state.

 

CommentID: 21795