Thursday, October 27, 2011

State senator seeks ban on shackling pregnant inmates


Tallahassee, Florida - Opponents of restraining pregnant inmates say an anti-shackling movement is growing across the country and they want Florida to get on board.

State Sen. Arthenia Joyner calls the practice of shackling pregnant inmates demeaning and dangerous. The state currently does not have a law against restraints for pregnant women and Joyner wants one on the books.

She has filed a bill banning all correctional facilities, both state and county, from restraining women in labor or recovery, except in rare cases.

"It's demeaning. It's unnecessary. It can cause harm to the prisoner and to the fetus and it's important that we treat people, especially women who are pregnant, with humanity and dignity."

Policies on restraining pregnant inmates vary around Florida. A state policy prohibits restraints on pregnant women in labor, but allows restraints at all other times during a pregnancy and in recovery.

Some county jails in Florida have allowed restraints during labor.

Joyner says she understands the need for security, but she wants a law to spell out the rules for using restraints on pregnant women.

"It's necessary to put it in the law. We don't want a policy by the Department of Corrections because policies come and go at the whim and caprice of whoever is leading the department."

Joyner says restricting or banning restraints for pregnant inmates is supported by the American Medical Association, the American College of Obstetricians and Gynecologists and nurse associations.

"They say this is unnecessary and they have joined in this effort across the country to make sure that states do not shackle pregnant women."

Currently more than a dozen states have adopted laws restricting or banning the practice of shackling pregnant inmates.

Sen. Joyner's bill would also create strict rules for restraining women in the third trimester of pregnancy. It would include a ban on shackles and mandate that wrist restraints be placed in front of a pregnant inmate so she could protect herself if she fell forward.

This is the second time Joyner has filed the bill in the Florida Legislature. It passed in the Senate on a unanimous vote in the spring legislative session, but died in the House.

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