Undocumented Women in Custody Forced to Give Birth in Chains

The Huffington Post recently published an expose on the barbaric treatment of some undocumented women who are incarcerated while pregnant. Being shackled during childbirth is illegal in 14 states including Pennsylvania (except in cases where it is determined that the woman “represented a substantial risk of imminent flight” or “other extraordinary medical or security circumstances”) and The U.S. Immigration and Customs Enforcement (ICE) policy discourages the practice. However, women can “still legally be handcuffed to their hospital beds by state authorities in the 36 other states. Those women can also be denied the right to have a family member in the birthing room, or to hold their newborns for longer than 24 hours.” Several undocumented women have recently come forward with stories of being forced to give birth in chains while incarcerated.

While many immigration related violations are civil cases which would not entail incarceration, the ICE defines other immigration related violations (such as re-entry after deportation) as criminal offenses. Undocumented women who are apprehended for a non-violent immigration related criminal offense may be shackled and forced to remain so even during labor. Even though the ICE has a policy against shackling during labor, in 36 states imprisoned women are still at the mercy of the state correctional facility’s discretion as to whether or not they must be chained during childbirth.

Alma Chacon and Juana Villeges are two undocumented women whose experience of being dehumanized during, before, and after childbirth is indicative of how dangerous not having a state law mandating decent treatment of pregnant inmates can be.

Chacon was detained for a non-violent criminal offense and shackled to her hospital bed. Chacon was allegedly not allowed to nurse or hold her baby until she was released from immigration custody almost 70 days later when she gave birth in.

For Juana Villegas, going into labor while in prison meant that her ankles were cuffed together on the ride to the hospital, and that she was denied a breast pump by local authorities after she was given one by medical professionals. Without a breast pump, “she was in great pain” after she gave birth and had trouble sleeping in prison, [Elliott] Ozment, her attorney, said in a phone interview.

We have blogged before about the negative health implications of being chained during labor and the utter senselessness of forcing women to give birth in this inhumane way. The American College of Obstetricians and Gynecologists’ oppose shackling during labor since this poses an increased risk of clotting due to the inability for the woman to properly position herself during labor, decreased blood flow to the fetus, interference with the mother’s ability to breastfeed her child after delivery, and delays that are presented from having to remove shackles before an emergency procedure. In addition to the health benefits of unshackling women before, during, and for a reasonable amount of time after labor, doing so presents no security risks. Women in labor are obviously a low-flight risk and no inmates in labor have ever attempted escape.

Shackling during labor is a cruel and inhumane practice to subject women to. Unfortunately, in 36 states no law prohibits this treatment and undocumented women are particularly vulnerable to being mistreated in this way. To learn more about the plight of pregnant undocumented women in America’s prisons, read the entire Huffington Post expose here.

Pennsylvania is Making Improvements for Incarcerated Moms, But Much More Needs to Be Done

The Pittsburgh Post-Gazette recently published an article praising Pennsylvania’s number one status among state prison systems with regard to treatment of pregnant inmates. Post-Gazette reporter Tracie Mauriello cites examples from a study titled “Mothers Behind Bars” (PDF) conducted by the National Women’s Law Center and the Rebecca Project for Human Rights. According to the study, Pennsylvania received an overall grade of A-, the highest of all 50 states.

In addition to the overall grade each state receives, the study provides letter grades for following policy areas: prenatal care, shackling of pregnant inmates, family-based treatment as an alternative to incarceration, and prison nurseries.

The study has good intentions and we’re glad that NWLC and the Rebecca Project worked on this issue, but it ultimately falls short because it relies solely on legislation and does not include any empirical evidence that any of the policies in question are actually working effectively. The study’s executive summary addresses this obstacle:

Ultimately, our goal is to encourage federal and state governments to reevaluate policies that fail to protect the interests of this growing at-risk population and adopt policies that recognize the needs of incarcerated pregnant women and mothers, as well as their children. But we also know that good laws and policies are not enough. Just as critical is whether state and federal institutions actually comply with what is required and whether they punish and correct violations. Just because a state has a high grade in any particular area does not mean that the pregnant and parenting women in that state are benefiting from the good policy.

It’s confusing to simultaneously grade a state’s policies and say that the grades may not mean anything, which is why the Post-Gazette’s article calling the PA prison system “the best in the nation when it comes to treatment of pregnant inmates” is misleading. Many states received low grades (six F+ grades is pretty awful), but without testimony from those who are subject to these policies, it’s too early to claim that the state is doing everything it can for incarcerated mothers.

Ann Schwartzman, the Policy Director for the Pennsylvania Prison Society, discusses the study’s shortcomings in a letter to the editor criticizing the Post-Gazette article. Schwartzman points out that Pennsylvania is indeed putting forth effort to improve conditions with the recent shackling ban and a committee to review children’s needs that will convene in June 2011. She goes on to say:

Meanwhile, the number of women in prison over the last 25 years has increased by 400 percent, and roughly 75 percent are mothers of young children. Many need drug/alcohol treatment but programs are lacking. Health care including mental health and trauma-focused treatment for violence and abuse would address many issues of incarcerated moms, but the treatment available is limited. More community-based alternatives for women, who are mainly nonviolent, first-time offenders, are needed to keep families intact. Such programs are vital to successful re-entry.

We agree with Ms. Schwartzman, and we think talking to women who have been in jail or have been released and can share their first-hand experiences should be a crucial part of measuring how effective these policies are. Okay, Pennsylvania, you can pat yourself on the back for a minute and be proud of the steps being taken to improve the lives of incarcerated mothers, but do not let this praise in any way halt efforts to reform the prison system. It’s more important that the problems still occurring are worked on and solved, rather than focusing on where Pennsylvania stands compared to other states – especially since, upon further inspection, being number one in this study doesn’t seem like much of an accomplishment.

Governor Rendell Signs Shackling Ban Into Law

Senate Bill 1074, previously known as the Healthy Birth for Incarcerated Women Act, passed in the Pennsylvania House of Representatives on June 29^th.  The bill bans the shackling of pregnant inmates in transit to a medical facility, during labor, and for a reasonable amount of time after labor. The legislation allows for exceptions to the rule in extraordinary circumstances. Governor Ed Rendell signed the bill into law on July 2.

The barbaric practice of shackling women during labor presents many health risks that we have previously detailed. Recognizing these risks, the American Medical Association, the American Public Health Association, and the American College of Obstetricians and Gynecologists all have urged legislators to end the practice of chaining women in labor.

State Corrections officials have said they support the bill. No inmates in labor have ever attempted escape and the Pennsylvania Department of Corrections “policy already mirrors the… anti-shackling law.”

Pennsylvania is now the eighth state to ban shackling of inmates in childbirth via statute.  Other states that have taken this measure to protect female inmates are Texas, New Mexico, New York, California, Washington, Illinois, and Vermont.

Shackling Ban of Pregnant Inmates Awaits Action by PA House Appropriations Committee

Pennsylvania Senate Bill 1074, introduced by Sen. Daylin Leach (D-Delaware/Montgomery), proposes banning the shackling of pregnant inmates during labor. SB1074, previously referred to as the Healthy Birth for Incarcerated Women Act, unanimously passed the Pennsylvania Senate on March 17, 2010. Subsequently it passed the House Judiciary Committee without opposition and is now awaiting action by the House Appropriations Committee.

The bill prohibits the shackling of pregnant inmates in transit to a medical facility, during labor, and for a reasonable amount of time after labor. The bill allows for exceptions in cases where it is determined that the woman “represented a substantial risk of imminent flight” or “other extraordinary medical or security circumstances.” If the woman meets one of these criteria for remaining in shackles during her labor, this would have to be detailed in writing and included in the County Extraordinary Occurrence Monthly Report.

The shackling ban is considered a no-brainer by many legislators for multiple reasons. One, which we have mentioned before, is the barbarity of the practice. Shackling a woman during labor increases the possibility of complications for both the woman and fetus, as is evidenced by the American College of Obstetricians and Gynecologists’s opposition to shackling during labor. These complications include an increased risk of clotting due to the inability for the woman to properly position herself during labor, decreased blood flow to the fetus, interference with the mother’s ability to breastfeed her child after delivery, and delays that are presented from having to remove shackles before an emergency procedure.

Another reason why this bill is a no-brainer is that women who are in labor are obviously a low-flight risk. No inmates in labor have ever attempted escape. States such as California, Illinois and Vermont that have already banned the shackling of women in labor have not experienced any flight attempts or other increased security problems by women in labor. There is no evidence that incarcerated pregnant women will start trying to escape during labor after this bill is passed.

There are numerous stories across the state that speak to the need for this legislation. Tina Torres was incarcerated and charged after being found in a house that was being raided for drugs. Ms. Torres spent eight months in prison before the charges against her were dropped. In her seventh month in prison, she gave birth. She was shackled in transit to the hospital and throughout her seventeen hours and twenty minutes of labor until right before she was wheeled into an operating room to receive a C-section. The swelling of her ankles caused the shackles to cut into her skin, leaving permanent scars.

“Sometimes when I’m putting my lotion on, I look at the scars on my legs, and I’m reminded of it every time,” says the 29-year old Hunting Park resident, recounting her incarceration at the Riverside Correctional Facility for women. “I could have never prepared myself for that. Even animals in captivity don’t have to give birth in chains.”

After surgery, shackles were reapplied to Tina’s ankles.

Because the committee has yet to move the bill to a full House vote, Pennsylvania cannot give female inmates like Ms. Torres the guarantee of a safer birth without shackling that women in other states enjoy. California, New York, Texas, and Vermont currently have legislation that prohibits the shackling of women during labor. Connecticut, Florida, Rhode Island, Washington, and Wyoming have  prison policies banning the practice. These states, unlike Pennsylvania, are in keeping with the Federal Bureau of Prisons ban on shackling of women in labor in federal prisons.

Until SB1074 is passed in the House and signed by the governor, incarcerated pregnant women in Pennsylvania are at the mercy of local and state prison officials, and they may still end up shackled during labor. Judging by the unanimous support for the bill in the Senate, as well as the support it received in the House Judiciary Committee, it’s time for the House Appropriations Committee to move this legislation so that Pennsylvania can end this barbaric practice, and allow incarcerated women to give birth chain free.

Giving Birth in Chains

If you have ever had a child, think back to the day she or he was born.  Recall lying in the hospital bed and pushing to bring life into this world, or holding your newborn child for the first time.  Now imagine doing all of this with shackles restraining you, chaining you to your hospital bed.  This has been the experience of countless women in our country who have had children while incarcerated.

Shackling in these situations is not only cruel and inhumane, it also poses serious health risks to both the mother and her child.

The shackling of pregnant women in transportation to the hospital, during labor, during deliver, and after delivery are all common practices among prisons in 48 states, including Pennsylvania.  Illinois and California are currently the only states with legislation that prohibits this inhumane practice, and the state of New York currently has a bill pending that would do so.

This past October, the Federal Bureau of Prisons issued a policy that banned shackling during labor, during delivery, and in post-delivery recuperation.  This policy applies to federal prisons only and can be found here (PDF), addressing shackling mothers on page 11.

Organizations such as Amnesty International and the Rebecca Project have taken an active stance against shackling.

In Philadelphia, the Working Group to Enhance Services for Incarcerated Women has been actively addressing this issue and working to develop Pennsylvania legislation that will ban the cruel practice.  The Working Group is a Philadelphia-based project of the Pennsylvania Prison Society with approximately 30 coalition members.

For information on how you can get involved with the Working Group to Enhance Services for Incarcerated Women, email Ann Schwartzman at aschwartzman [at] prisonsociety [dot] org.

Here is a 2006 New York Times article about shackling. An overview of shackling legislation can be found here (PDF).