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Take Action: SB 1074

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Healthy Birth for Incarcerated Women Act

Introduced by Senator Daylin Leach on September 2, 2009, this legislation was unanimously supported by the Pennsylvania Senate Judiciary Committee, and passed the full Senate on March 17, 2010. SB1074 is currently before the House Judiciary Committee for consideration. See full text of SB1074.

Talking Points for SB 1074: Healthy Birth for Incarcerated Women Act*

Shackling Poses Health Risks to Mother and Child (see PDF version of Talking Points)

  • Shackling endangers the health and lives of women and their infants.
  • Shackling prevents mothers from properly positioning for treatment, delivery or movement necessary to reduce the risk of clotting and other serious medical complications.
  • Shackling can result in decreased blood flow to the fetus.
  • Studies have shown that pregnant prisoners have demonstrated high rates of perinatal mortality and morbidity, as well as an increased risk of unplanned or emergency events.
  • Shackling poses a serious threat when complications arise and immediate emergency procedures are necessary; delays in removing shackles can impact the health of the mother and baby.
  • Shackling interferes with a mother's ability to care for her baby immediately after delivery and can limit her ability to breast feed.

Banning Shackling Does not Increase Security Risk

  • While states justify using restraints to prevent escapes, no women in labor have ever attempted escape.
  • California, Illinois, and Vermont - states prohibiting the practice of shackling - have not experienced increased security issues or flight attempts.
  • Most women are incarcerated for non-violent crimes; only 14 percent of all violent offenders are women.

Growing Support for Banning Shackling

  • The Federal Bureau of Prisons banned shackling in October 2008 in all but extreme situations.
  • California, Illinois, New Mexico, New York, Texas and Vermont have enacted laws prohibiting the shackling of pregnant prisoners.
  • Connecticut, Florida, Rhode Island, Washington, and Wyoming have prison policies prohibiting the shackling of pregnant prisoners.
  • The Philadelphia Prison System banned shackling during labor and delivery in May 2008.
  • There is no cost to Pennsylvania taxpayers for banning the practice of shackling.

*Fact Sheet was prepared by the Working Group to Enhance Services for Incarcerated Women, Anti-Shackling Committee: A project of the Pennsylvania Prison Society.