By Clark Corbin
Idaho Falls Post Register
BOISE, Idaho — A bill introduced by Rep. Janice McGeachin would prevent officials at Idaho prisons and jails from restraining pregnant inmates who are entering labor.
McGeachin, an Idaho Falls Republican, said she originally tried to introduce the bill a year ago. It died, she said, because of a “difference of opinion” with the Idaho Department of Correction.
The department, according to McGeachin, follows an internal rule that addresses the issue of restraining pregnant patients. But the new law is needed so that all correctional facilities, including county jails, follow the same policy.
“It ... would put a statewide policy in place so all levels of jurisdiction understand what the policy is and (this bill would) help protect the state from potential liability,” McGeachin said.
In Idaho, McGeachin said there have been reported cases of female prisoners who were injured after they were restrained or shackled during their pregnancies.
Department of Correction spokesman Jeff Ray said his agency already has procedures in place regarding pregnant prisoners. But Ray said it is department policy not to release its use-of-force procedures because of security concerns.
“My review of the policy jogged my memory and I can tell you IDOC never uses restraints on offenders during the final stages of labor and delivery,” Ray said.
Ray said the issue rarely comes up because the number of pregnant inmates is low, though he could not provide a specific figure.
In 2010, the National Women’s Law Center published a report that gave Idaho a “D” grade for its treatment of pregnant prisoners. The center’s “Mothers Behind Bars” report was critical of Idaho and several other states.
McGeachin’s bill states: “A correctional institution shall not use restraints of any kind on a prisoner known to be pregnant during labor and deliver,” except in extreme cases, where the inmate would be at risk for hurting herself or escaping.
McGeachin said the new bill would help prisons and prisoners.
“There have been some cases all the way up through courts where a woman was able to bring lawsuit and damages were awarded,” McGeachin said.
“It’s really just protecting the state of Idaho and making sure there is an understanding on all levels as to what the policy should be.”
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