HARRISBURG, January 22, 2010 – Sen. Daylin Leach (D-Delaware/ Montgomery) announced that his bill to prevent the shackling of pregnant prisoners will be considered by the Senate Judiciary Committee when it convenes Tuesday.
"Pennsylvania should have uniform policy that prevents this cruel and unnecessary practice," Leach said. "No woman should be restrained during childbirth, when there is little risk of flight or public harm, without reason and accountability."
Senate Bill 1074 would, for the first time, create a statewide policy to prohibit the shackling of pregnant women in custody in Pennsylvania during labor and delivery, while in transit to a medical facility for delivery or other pregnancy-related complication, and for a reasonable period of time post-delivery.
The bill would allow shackling if the corrections official believes there is a risk of flight or a risk to the health and safety of medical personnel. In the event of such a risk, the bill would require the attending corrections official to report the circumstances leading to the decision to apply restraints. If the decision was made on the county level, the report must then be given to the state Department of Corrections.
S.B. 1074 would also require that the Department of Corrections provide a yearly update to the governor detailing each instance of shackling made by a county or state prison. That information would be made available for public review on the governor’s website, www.governor.state.pa.us.
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