Recent media attention has focused on the practice of shackling laboring inmates during transport and in-hospital stay. The ACLU and other human rights groups, such as Amnesty International, have mounted aggressive campaigns against the practice.
Here we have a real life example of security needs melding with healthcare concerns. But what’s the solution? Is shackling laboring inmates justifiable? How does your facility handle this issue?
Current Firestorm
Last fall New York became the sixth state to enact a law regulating the shackling of laboring inmates, joining California, Illinois, New Mexico, Texas and Vermont. In late 2008, the Federal Bureau of Prisons severely limited shackling of laboring inmates and eliminated the use of belly shackles for pregnant inmates. The American College of Obstetricians and Gynecologists (ACOG) issued a statement that the practice of shackling laboring women posed a threat to the lives and health of the women and unborn child. Lawsuits dot the countryside including Washington, Nashville, and Cook County.
For Your Consideration
After reviewing available policies from a variety of reports, I’ve collected a list of rational tips for balancing security and mother/baby health needs:
• Know the pregnancy status of female inmates when preparing for transport.
• Determine restraint procedures based on progression of pregnancy and degree of security risk.
• Consider eliminating belly shackles for pregnant inmates in 2nd and 3rd trimester (or eliminate use).
• Consider handcuffing in front of body for 2nd and 3rd trimester inmates.
• Use wheelchairs late in pregnancy if the inmate’s balance is in jeopardy. This will reduce falls injuries.
• Once the inmate is in active labor and in the hospital bed, remove physical restraints. Rely on custody officers (CO) in attendance to maintain security.
• Assign female COs, when possible, to labor transports (for in-room attendance).
“I think the security level of the inmate should determine whether they are shackled during actual labor.” comments Laura E. Bedard, Assistant Warden of Programs, Gadsden Correctional Facility and Corrections1 columnist. “I have met inmates who posed a risk during labor and needed to be shackled to the bed. Hospital stays, as you know, are the most risky for escape and danger to our officers. I understand it does “look” good to a free world person but they need to look at the totality of the situation.”
Action Needed?
None of the corrections administrators involved in the lawsuits cited above desired the spotlight and negative press coverage attending the events. How would your facility fare in a similar situation? If you house pregnant arrestees or inmates at your facility, take time to review your current policies and practices. If your procedure for transporting and monitoring laboring inmates is unclear, consider making revisions and addressing the issue with custody staff. Action before a situation develops will improve safety and healthcare while reducing legal risk. Thoughtful consideration and response could save much grief.
What do you think? How are you handling transport of pregnant or laboring inmates at your facility?
