CA News
Anti-Shackling Advocacy a Success
Governor Signs Bill Banning Use of Restraints on Pregnant Inmates
August 26, 2009
Governor David Paterson has signed legislation outlawing the use of shackles on pregnant inmates during labor and after delivery.
The Anti-Shackling Bill forbids the use of restraints on incarcerated women during labor and post-delivery recovery, and restricts the use of restraints during transport to and from the hospital. Sponsored by Assemblymember Nick Perry and Senator Velmanette Montgomery, the bill passed unanimously in the Senate and overwhelmingly in the Assembly on May 20.
Throughout the summer, advocates held demonstrations outside of the governor’s Manhattan office and pressured Paterson for a response.
One week before the bill was signed, supporters joined outside of the governor’s office and urged him to sign the restrictions into law. Governor Paterson addressed the crowd and explained though he initially had some reservations about the bill, he would sign the legislation.
Among those at the August 18 demonstration were women who have given birth while shackled, the bill’s sponsors’, and dozens of other advocates, some of whom who were wearing simulated pregnant bellies and shackles. The demonstration was organized by the CA’s Women in Prison Project, alongside the New York Civil Liberties Union and Women on the Rise Telling HerStory (WORTH).
Shackling women in labor is a degrading and unnecessary practice that puts the health and lives of women and babies at risk. The federal Bureau of Prisons, the American Correctional Association, and four other states – California, Vermont, Illinois and New Mexico – have already adopted policies restricting the use of restraints on women in labor. The American Public Health Association, American College of Obstetricians and Gynecologists, American Medical Women’s Association, and American College of Nurse Midwives all support restrictions on shackling pregnant women in prison.
“We’ve interviewed dozens of currently and formerly incarcerated women who similar stories of being cuffed and shackled while in labor,” says Tamar Kraft-Stolar, Director of the CA’s Women in Prison Project. "We commend Governor Paterson for signing this bill and ending the inhumane practice of shackling incarcerated women in labor.
"We greatly appreciate Senator Montgomery and Assemblymember Perry’s leadership in ensuring that women in prison are treated humanely, and we’re proud to have partnered with them and with WORTH, NYCLU, Legal Aid, Hour Children and so many others on this critical piece of legislation. This law moves New York one step closer to making sure that women in prison receive a minimum level of dignity, safety and compassionate care."
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