[Ppnews] Chained in Childbirth - Bill to Protect Pregnant Prisoners

[Political Prisoner News]

Sign a petition urging Gov. Paterson to end this horrific practice at 
<http://www.thepetitionsite.com/1/stop-shackling-pregnant-prisoners>http://www.thepetitionsite.com/1/stop-shackling-pregnant-prisoners

<http://www.indypendent.org/2009/07/23/chained-in-childbirth/>http://www.indypendent.org/2009/07/23/chained-in-childbirth/ 


Chained in Childbirth: Gov. Paterson Urged to Sign Bill That Protects 
Pregnant Prisoners. "They shackled my hands and feet when I went into 
labor," one woman recalls.
By Jacquie Simone
 From the July 24, 2009 Issue

UNBINDING PREGNANT INMATES: Toya Murray, who was shackled during 
labor while serving a prison sentence, joined a July 9 rally urging 
Gov. Paterson to ban the practice in New York. PHOTO: JACQUIE SIMONE

Childbirth is a painful and difficult experience for most women, but 
Toya Murray says for her, it was torture. Like many other 
incarcerated women across New York state, she was shackled 
immediately before and after giving birth.

"When it was due for me to have my baby, they shackled my hands and 
feet when I went into labor to go to the hospital," Murray said.

Murray was pregnant when she began serving a 15-month sentence for a 
nonviolent crime at Bedford Hills Correctional Facility in 
Westchester County in 1996. She was often shackled when transported 
between facilities, but said she never experienced anything like the 
discomfort of being restrained during labor, when she was unable to 
move her arms or legs. She worried that her child's safety would be 
jeopardized since she had little control over her body.

Once the baby was born safely, Murray's ability to hold her newborn 
was limited by the metal shackles. What should have been a tender 
moment between mother and child was awkward and restricted.

"Anything could have happened when the baby came out. I felt very 
uncomfortable," Murray said. She told her story outside Gov. David 
Paterson's Manhattan office July 9, at a rally held to end the 
shackling of inmates before and after delivery.

A coalition of more than ten organizations worked to push 
anti-shackling legislation through both the New York State Senate and 
Assembly in May. This network, which includes the Correctional 
Association of New York, Human Rights Watch and Women on the Rise 
Telling HerStory (WORTH), is now waiting for Gov. Paterson to sign the bill.

The bill bans the use of restraints on incarcerated women during 
labor and postdelivery recovery, and limits the use of restraints 
during transportation to and from hospitals. It was passed 
unanimously in the New York State Senate and overwhelmingly in the 
state Assembly.

The decision to use restraints during labor and childbirth is 
currently within the purview of individual correctional officers. The 
bill creates uniform statewide standards and only permits one wrist 
restraint during transportation if the pregnant woman has an 
exceptionally high risk of injuring herself or personnel.

In 2004, an estimated 4 percent of women in state prisons, 3 percent 
of women in federal prisons and 5 percent of women in jail were pregnant.

Illinois, California, Vermont, Texas and New Mexico are currently the 
only states that have laws prohibiting the shackling of women in labor.

The American College of Obstetricians and Gynecologists and the 
American Public Health Association have condemned shackling because 
it causes severe pain and trauma, according to a legislative report 
released May 20 by Sen. Velmanette Montgomery (D-Brooklyn). The 
Center for Reproductive Rights stated that shackling prevents a woman 
from moving to alleviate contraction pains. This increases stress on 
the woman's body and may decrease the flow of oxygen to her fetus.

Additionally, Serena Alfieri, associate director of policy for the 
Women in Prison Project, explained that shackling often delays 
transportation to the hospital.

"Putting shackles around your ankles, arms and around your waist and 
connecting them to your arms is a process," Alfieri said. "If you are 
in labor, that process could be torture for you."

The New York Civil Liberties Union (NYCLU ) recently took up the 
issue with a report entitled, "Access to Reproductive Healthcare in 
New York State Jails."

"We found that of the 66 local correctional facilities [in New York 
state], only three had written policies about the use of shackles and 
only two actually prohibited it altogether," said Ami Sanghvi, a 
NYCLU staff attorney. She considers shackling women in labor a 
violation of the Eighth Amendment, which prohibits cruel and unusual 
punishment.

According to a statement released by rally organizers, prisons in New 
York City have restricted the use of restraints on incarcerated women 
during labor since 1990. Since then, there have been no reported 
incidents of escape or harm to medical or correctional staff.

"Shackling cannot be justified as a measure necessary to prevent 
escape: women cannot run with any significant level of speed during 
labor or recovery after delivery," the statement read.

Former inmate and mother Jeana Marie recalls her experience of giving 
birth in shackles.

"Being handcuffed took away from the special moment of my child's 
birth and made me feel like less of a mother," she said. "It was a 
very emotionally difficult experience."

For eight years, The Indypendent has printed truth in the face of 
power. With political and economic systems faltering, there is an 
opportunity for real change from the bottom up. But this means having 
a vibrant independent media. Consider supporting The Indypendent as a 
monthly sustainer, donating as little as $5 a month. Please visit 
indypendent.org/donate.



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