The Rebecca Project for Human Rights, along with the National Women’s Law Center, compiled a report card on issues facing pregnant women in prison. Mothers Behind Bars: A State-by-State Report Card and Analysis of Federal policies on Confinement for Pregnant and Parenting Women and the Effect on Their Children rated each state in three areas:
1) Prenatal Care
2) Alternatives to incarceration for pregnant women
3) Post-natal programs and opportunities
Most states failed because shackling a woman while she was in labor, during birth, and during the recuperation period after birth was the norm. In one case that was cited, a woman was shackled during a C-section procedure. The report also details that in 31 states, medical staff was not asked about the potential danger shackling might cause during birth.
States also got low marks for not providing regularly scheduled prenatal examinations, or for not supplying adequate nutrition to pregnant women.
Some states were given higher grades because along with a no-shackling policy, alternatives to incarceration were available, in most cases, for women that were pregnant.
Another area that was examined pertained to whether or not a state had a post-birth program available to allow a new mother and her child to bond. Thirteen states have a program that allows a child to stay with its mother in a prison nursery until the age of two. While that type of program allows the mother and child to be together, the report advocates that alternatives to incarceration are a far better solution.
In 2008 the Federal Bureau of prisons implemented a policy regarding pregnant inmates and their newborns. The Mother and Infant Nurturing Together (MINT) program allows a pregnant inmate who is not deemed a flight risk or threat to the community to enter a BOP contracted facility, such as a half-way house during her third trimester. After her child is born, the mother is allowed to stay with her infant for three months, and then must surrender the child to a designated caregiver while the mother goes back to prison until the end of her sentence. If a woman is close to the end of her sentence, she may go to a community-based facility rather than back to prison.
The BOP also issued guidelines on shackling pregnant women in labor or giving birth. The policy states that any restraints that constrict the “direct area of pregnancy” may not be used. If, for security reasons, restraints must be used they must be of the least restrictive form for the situation.
For most women giving birth is a joyous experience. A pregnant prisoner may feel that joy, but it may also be tinged with sadness and fear. In some cases labor pains are exacerbated by not being able to get into a more comfortable position due to being restrained by handcuffs and shackles. As the number of female prisoners grows, states must look into the archaic policies that handcuff and shackle women in their most vulnerable moments. To view the full report Click here to go to website
|
|
|
|
