HARRISBURG, June 29, 2010 - Sen. Daylin Leach (D-Delaware/Montgomery) announced today that his bill to prevent the shackling of pregnant prisoners has passed unanimously in the State House of Representatives, and now awaits the Governor’s signature.
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 question of whether to shackle a prisoner in those conditions is currently decided on the local level, which Leach said adds to unnecessary confusion about a policy that should be tightly regulated.
“I am thrilled that Pennsylvania will prohibit this barbaric practice. The risk of flight or danger presented by a woman who is nine months pregnant and in labor is extremely low, so it is unnecessary and misguided to endanger a woman and her unborn child during labor and delivery simply because she is under custody of the state,” Leach said. “I am pleased that my colleagues in the House of Representatives realized the senselessness of this act and are taking measures to change how Pennsylvania’s correctional facilities treat pregnant prisoners.”
The bill does provide an exception allowing shackling if the corrections official believes there is a risk of flight or 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.
SB 1074 would also require that the Department of Corrections provide a yearly report to the governor detailing each instance of shackling made by a county or state prison, to be on the governor’s website, www.governor.state.pa.us.
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