Will AB 2530 Unshackle Childbirth in California?
--An interview with Tina Reynolds and Vikki Law
By Angola 3 News
A bill opposing the shackling of pregnant prisoners, AB 2530
, has been passed unanimously by the
California State Legislature and is now on Governor Jerry Brown's desk, with
thirty days to either approve or veto it. Last year, a previous version of this
bill was also passed unanimously by the Legislature, but it was ultimately vetoed
by Governor Brown.
With Governor Brown's decision expected anytime, local
activists are urgently mobilizing to stop him from vetoing this important bill
once again. AB 2530 supporters have created a webpage for the public (not just
California residents) to contact the Governor. Take action here.
The action page states that "AB 2530 addresses Governor
Brown's veto by clarifying language and prohibiting the most dangerous forms of
shackling. The American College of Obstetricians and Gynecologists (ACOG)
opposes the use of shackles on pregnant women in all but the most extreme
circumstances. Pregnant women in correctional facilities are more likely to
experience miscarriage, preterm birth, low birth weight infants, and
potentially fatal conditions like preeclampsia. Excessive shackling could not
only increase stress and lead to further complications, but also render doctors
unable to treat women in emergency situations. AB 2530 provides medical professionals
the authority to have restraints removed in order to treat pregnant inmates."
Victoria Law is a writer, photographer and mother. She is
the author of Resistance Behind Bars: The Struggles of Incarcerated Women
(first published by PM Press in 2009, with a new updated version released this month), the editor of the zine
Tenacious: Art and Writings from Women in Prison
and a co-founder of Books
Through Bars - NYC. Her latest book, just released this month, Don't Leave Your Friends Behind
(PM Press, 2012) addresses how
social justice movements and communities can support the families in their
midst. Learn more about upcoming book-release events here.
There will be a special performance of MUNCH in New York
City on September 9, as a benefit for WORTH. Learn more here.
Angola 3 News: What does shackling during pregnancy
Tina Reynolds and Victoria Law of Birthing Behind Bars: Imagine a woman who is actively in labor. She
is handcuffed. Attached to those handcuffs is a chain that links the handcuffs
to a chain that goes around her belly. Attached to that belly chain is a
chain connected to shackles around her feet. This hampers her movement
If you've ever seen old movies depicting chain gangs or
prisons, you've seen some version of shackling. When people who have their legs
shackled attempt to move, they hobble slowly since the leg shackles keep their
feet and legs together. You can imagine how dangerous this is for a woman who
is actively in labor and is going to need to both move around and eventually be
able to push a baby out of her body.
A3N: What arguments do you make in opposition to
BBB: First, shackling
or otherwise restraining a person who is in labor and delivery is inhumane, if
not torture. International organizations have recognized this as a human rights
abuse. In 2006, the UN Committee Against Torture alerted the US government that
shackling during childbirth is a violation of the UN Convention Against Torture, which the US is a signatory of. It should also be noted
that Rule 33 of the UN's Standard Minimum Rules on the Treatment of Prisoners
states clearly that chains and/or irons should never be used as restraints.
Secondly, shackling or otherwise restraining a person in
labor and delivery is dangerous both to the woman and to the baby. Medical
professionals have recognized and spoken out against these practices: The
American Medical Association adopted a resolution opposing shackling as a
medically hazardous practice. The American
College of Obstetrician
and Gynecologists, the American
College of Nurse
Midwives, and the American Public Health Association have also condemned this
A3N: How often are pregnant women prisoners forced
to wear shackles during birth? Is there documentation of how many pregnant
prisoners are forced to do this?
BBB: As far as we
know, there is no documented percentage (that is publicly available) of how
many women prisoners are shackled during birth. What we do know is that 34
states currently have no protection against shackling pregnant prisoners while
they are in labor or delivery. That means that it is up to the jail or prison
staff as to how and if the mother will be restrained while she is in labor,
while she is being transported from the jail or prison to the hospital, and how
she will be restrained once at the hospital.
In addition, mothers undergoing delivery via c-section are
often restrained both during and after the surgery. These decisions are not
made by the medical staff. As of 2011, in many of the states that have no
protections against shackling and restraining women during childbirth, the
input of medical staff does not need to be considered.
We also know that five to six percent of women entering
jails and prisons each year are pregnant. Many will spend the duration of their
pregnancies behind bars, which means that even if they do not give birth while
incarcerated, they must rely on the prison's prenatal care, which is often
inadequate and sometimes can jeopardize their pregnancies.
A3N: Compared to shackling the legs, how much
safer is shackling of the hands, or any other method used? Do you know often these are
BBB: We're not sure
how often other methods are used instead of leg shackles during childbirth, but
part of the campaign is recognizing that using restraints on a woman who is
pregnant and/or actively in labor and childbirth is dangerous.
For example, in Massachusetts, the Massachusetts Department
of Corrections has stated that they do not shackle women who are in labor (thus
anti-shackling legislation is unnecessary). Their current policy is that the
restraints used on women who are in labor and delivery should be the "least
restrictive" and should not be waist or leg restraints. But this doesn't mean
that there aren't dangers to restricting a pregnant women's movement. When
walking, pregnant women, especially in their third trimester may have balance
issues, and if they trip and fall while handcuffed, they will be unable to
catch themselves. When transported in a van while handcuffed, if jostled, they
will be unable to catch themselves from falling or bumping into something.
It's also important to note that Massachusetts's "less
restrictive" policies came about because of a 1992 consent decree, McDonald v. Fair (CivilAction No. 80352)
, not because the Dep artment of Corrections realized
the hazards and immorality of shackling pregnant women.
It's important to remember that we
cannot wait for prison administrators and legislators to see the light; we have
to constantly remind them that shackling pregnant prisoners is not only a
medical issue, but also a human rights abuse that will not be tolerated.
A3N: Who are the primary advocates of shackling
BBB: The primary advocates
of shackling are prison and jail staff (and their unions). Because prison and
jail staff have very strong trade unions, whereas prisoners are not a voting
constituency, politicians sometimes jump on pro-shackling as a way to court
Last year, pressure from the California State Sheriffs'
Association and both Alameda and Sonoma County Sheriffs' departments pushed
Governor Brown to veto the anti-shackling bill that had already passed the
State Senate and Assembly. Similarly, in Massachusetts and Georgia, the state
Department of Corrections has opposed the efforts of advocates and formerly
incarcerated women trying to pass legislation to ban the shackling and other
restraints of incarcerated women during labor, delivery and recovery.
A3N: What arguments do shackling advocates make?
BBB: The most
commonly-used argument is that, if not shackled or restrained, women who are
actively in labor and delivery will use the opportunity to overpower the guards
and escape. As I mentioned earlier, legislators have jumped on that bandwagon,
sometimes to court the votes of prison and jail staff, sometimes simply playing
on law-and-order rhetoric. In Rhode
Island, when the state legislature was considering
its anti-shackling legislation in 2011, House Minority Leader Brain Newberry
was quoted as saying, "You could have a murderer who is pregnant. The easiest
time to escape is during transport."
Of course, this is fear-mongering and not at all based in
reality, as anyone who has ever experienced labor and delivery (whether incarcerated
or not) will tell you. We have publicly countered this argument both from Tina's
own experience as a pregnant prisoner and from listening to countless stories
of others who have given birth in prison. We have never heard a woman tell a
story of wanting to run during labor. It's just not on their mind.
Vikki has gone through childbirth (but not in prison), and can
tell you that when she was actively in labor, she couldn't even walk down the
hallway without lots of physical support from her partner (and even then it
seemed like a herculean challenge). We seriously doubt that a woman in labor is
going to summon up the strength to overpower the accompanying guards and
medical staff and then run. All of the mothers that we know will tell you the
There's also the perception that, when a person has violated the law and is
sent to prison, she deserves all other punishments that come along with her
prison sentence. Women prisoners have historically been viewed as not redeemable
and this notion still comes into play when we think about women in prison
In addition, shackling during transportation outside of
prison is practiced regardless of gender. There is no consideration of
circumstances and so the health and safety of pregnant women are ignored by
this blanket policy.
A3N: California's AB 2530 opposes shackling
"unless deemed necessary for the safety and security of the inmate, the staff,
or the public." How serious of a loophole is this qualification? How
significant of a step forward do you think this bill is?
BBB: The bill is significant because it prevents the CDCR
from shackling and restraining women during any stage of their pregnancy, not
just during labor, delivery and recovery. It also forces the CDCR to inform
women that they have a right not to be shackled or cuffed behind the back
during the entirety of their pregnancies.
The "unless deemed necessary for the safety and
security" clause addresses the fears that prison and jail staff (and their
unions) whip up around not being able to restrain women in labor. Of course,
it would be nice if it weren't there, but that clause may also mean that jail
and prison staff actually have to record the (hopefully few to no) instances in
which they do use restraints on pregnant women and actually justify their
actions. It's not perfect, but it is a start.
A3N: How far have other states' anti-shackling
bills gone with their restrictions on shackling?
BBB: In 1999, Illinois
was the first state to pass anti-shackling legislation--banning restraints of
any kind, including handcuffs and leg irons, from being used on women who were
either in labor or being taken to the hospital to give birth. However, prison
and jail officials often interpreted labor to mean only the actual delivery,
not the hours and sometimes days in labor leading up to childbirth. This meant
that pregnant women were still shackled for unnecessarily long periods of time.
This past January, following a $4.1 million settlement
(thanks to the efforts of Chicago Legal Aid to Incarcerated Mothers, who filed a federal lawsuit
on behalf of several women that had been shackled up until
the moment of delivery), Illinois passed another bill that clarified its definitions of labor and
delivery. It also extended the ban on shackling and restraining pregnant women
incarcerated at Chicago's Cook County Jail during all
stages of their
Several other states have anti-shackling legislation that
extends beyond the immediate time period of labor, delivery and postpartum
recovery. Vermont's 2005 anti-shackling legislation
states that prison staff
"shall not routinely restrain pregnant inmates who are beyond their first
trimester of pregnancy in the same manner as other inmates, recognizing that to
do so might pose undue health risks for the mother and unborn child." Like legislation in other states, Vermont
also prohibits shackling of women during labor and delivery EXCEPT when the
prison or jail staff feel that "the inmate presents a substantial flight
risk or other extraordinary circumstances dictate otherwise."
New Mexico's 2009 legislation
states that a "correctional facility,
detention center or local jail shall use the least restrictive restraints
necessary when the facility has actual or constructive knowledge that an inmate
is in the second or third trimester of pregnancy." Again, the legislation
allows for exceptions if the prison or jail staff determine that the woman poses
some sort of security risk.
When Rhode Island
passed its anti-shackling legislation in 2011, it included a prohibition
against restraints starting in the second trimester, a requirement that
pregnant prisoners be notified of their rights, and a provision allowing women
to file a lawsuit if they are shackled in violation of the law. This last rule
is not in any other legislation limiting or prohibiting shackling.
However, all of these bills have exceptions that justify
shackling for "safety reasons." As far as we know, the "for
safety reasons" exceptions have not been addressed by people inside
women's prisons or by outside advocates who have been pushing anti-shackling
A3N: Anything else to add regarding the
significance of AB 2530 in California?
BBB: The California
bill is significant because it would extend the prohibition on using leg irons,
waist chains or handcuffs behind the body on pregnant women throughout their
pregnancy (and recovery from childbirth), not just in the hours during labor
and delivery. It recognizes that restraining pregnant women, no matter what
trimester of pregnancy that they are in, is both medically dangerous and a
human rights abuse.
Because there's been more national media attention paid to
efforts to pass it, the legislation would also be a model for advocates in
other states seeking similar protections for pregnant people in jails, prisons
and immigrant detention centers in their areas. As we said earlier, 34 states
currently have no legislative protection against shackling or restraining
pregnant women during labor and delivery. Of the states that do have
legislative protection against shackling or otherwise restraining people during
labor, only a few protect women during earlier stages of pregnancy.
A3N: What ways can our readers help support the Birthing
Behind Bars website/activist campaign, and otherwise take action against the
practice of shackling during birth?
First off, if
they haven't already, they can go to our website, www.birthingbehindbars.org
and sign the pledge to help end shackling and other reproductive injustices
behind bars when the fight comes to their area. We're working with the media
group Thousand Kites to build a system to contact supporters in certain areas
when we know that campaigns addressing reproductive justice in prisons are
happening in their home towns or states.
We recognize that campaigns to end shackling and other
reproductive injustices in prison can't happen without the women who have been
most directly impacted. In 2009, New
passed legislation to end the shackling of incarcerated women during labor,
delivery and recovery. Crucial to the passing of that bill were the voices, insights
and analyses of women who had experienced birth behind bars. Members of WORTH, an
organization of currently and formerly incarcerated women in New York, spoke
about being pregnant while in jail and prison, being handcuffed and shackled
while in labor, and being separated from their newborn babies almost
immediately. Their stories drew public attention to the issue and put human
faces on the pending legislation.
From this victory, WORTH members gained a deeper sense of
their own power to affect social change. Birthing Behind Bars comes out of this
recognition that those most directly impacted must be at the center of the
fight for reproductive justice in prisons.
The Birthing Behind Bars site provides a forum for women's
stories and a way to amplify them to support campaigns for reproductive
justice. If you are a formerly incarcerated woman who has experienced pregnancy
while behind bars, or if you know a sister who has, get in touch! We want to
hear your stories! We want to know: What was medical care like? Did you birth
your baby while incarcerated? What was it like to hold your baby for the first
time? What happened in the moments after?
Women can also call in their story anytime on our toll-free
hotline: 877-518-0606 (
worry if you make a mistake, we edit all the calls). They can also upload their
stories for our site, here
Regardless of whether readers have first-hand experience of
pregnancy in prison, we all need to get involved! Currently, formerly
incarcerated women and outside advocates in both Georgia
are fighting to gain legislative protection for people who are incarcerated
while pregnant. Readers in those states can get involved in the fight and start
the process of ensuring a safer pregnancy for women behind bars.
We also need to recognize that reproductive justice is not
simply the absence of chains and irons during labor and delivery, but that
everyone, regardless of what stage of pregnancy they're in, deserves to have a
safe and healthy pregnancy. We recognize that prisons are never going to
provide a place for safe and healthy pregnancies; we recognize that we need
alternatives to incarceration for pregnant women. At the same time, we also
recognize that the city, state and federal systems continue to incarcerate
women at all stages of pregnancy. While they are behind bars, they should be
protected against the human rights abuses and reproductive injustices currently
inflicted upon them.
3 News is an official project of the International Coalition to Free the Angola
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