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Today, the California State Assembly unanimously approved AB 2530 authored by Assembly member Toni Atkins. A straight-forward bill that would prohibit the most dangerous forms of shackling of pregnant incarcerated women, AB 2530 has garnered support from Republicans and Democrats alike.
Pregnant women represent 4-7% of the female population in correctional facilities and this number is steadily growing across the nation. While current law prohibits the use of shackles during labor, delivery, and recovery, there are no standards for when and how to safely restrain pregnant inmates throughout their pregnancies.
“Pregnant women are frequently shackled by the ankles, wrists, belly, behind the back, and even to other people, causing many to fall,” said Karen Shain of Legal Services for Prisoners with Children. “Even though the vast majority of women have no history of violence and pose no threat of escape, they are being restrained without regard to their health and safety. This bill finally sets much needed standards for our prisons and jails.”
Elaborating on the threat to women’s health, Dr. Carolyn Sufrin, an obstetrician/gynecologist who frequently treats pregnant inmates states, “Significant changes happen to a woman’s body throughout pregnancy, even before her pregnant belly may be visible to others. I have heard of women in our state being chained to their beds for days unable to move or even use the restroom. Potentially fatal complications must be treated with expediency and shackles prevent doctors from being able to properly treat patients. I treat pregnant incarcerated women on a regular basis and AB 2530 would allow me and my colleagues to provide the level of care these women deserve.”
Two previous versions of the bill sailed through the legislature without a single “no” vote only to end in under-informed vetoes by Governors Schwarzenegger and Brown. Advocates are confident that the third time will be a charm. "The Governor should sign this bill to protect women’s health,” said Alicia Walters with the ACLU of California. “He has agreed that shackling a pregnant woman seems wrong unless absolutely necessary, and that’s what this bill ensures.”
States across the country are on the same page and take the restrictions further. “Currently, Arizona and Idaho have stronger laws than California in this area. We are merely bringing California up to speed with what is going on around the country,” added Walters.
AB 2530 will now move on to the Senate Public Safety Committee.
