Quantcast

The DNAinfo archives brought to you by WNYC.
Read the press release here.

Anti-Restraint Bill for Pregnant Inmates Signed by Cuomo

By William Mathis | December 22, 2015 6:06pm
 Gov. Andrew Cuomo signed a bill Tuesday that prohibits the use of restraints during the transportation of pregnant women incarcerated at state and local correctional facilities.
Gov. Andrew Cuomo signed a bill Tuesday that prohibits the use of restraints during the transportation of pregnant women incarcerated at state and local correctional facilities.
View Full Caption
DNAinfo/Ben Fractenberg

NEW YORK —  Gov. Andrew Cuomo signed a bill Tuesday that prohibits the use of restraints during the transportation of pregnant women incarcerated at state and local correctional facilities.

The bill, dubbed the 2015 Anti-Shackling Bill, strengthens legislation from 2009 that prohibited the use of restraints on pregnant inmates, but only during childbirth.

The measure extends the prohibition throughout the entire pregnancy, as well as to eight weeks after the birth. It also prohibits corrections officers from being present in the delivery room unless requested by the inmate or by medical staff.

"These common sense reforms strike the right balance that protect the health and dignity of a pregnant inmate, while also addressing public safety concerns," Cuomo said in a statement.

"This is a critical women's rights issue," said Sonia Ossorio, president of the National Organization for Women in New York, in a statement. "There are few things scarier happening to women in New York jails and prisons: being pregnant and getting shackled. Today that practice ends with the stroke of the Governor's pen.”

Inmates are routinely shackled, sometimes for up to 10 hours, during transportation to and from medical appointments and also between correctional facilities, Cuomo’s office said.

Restraints pose health concerns for pregnant inmates as they can heighten the risk of blood clots, limit the mobility needed for a safe pregnancy and delivery, and increase the risk of falling, which can possibly cause a miscarriage, his office said.

However, advocates said holes remain even with the new law.

In July, an eight-months pregnant Bronx woman said she spent three days in hand and leg shackles while at Montefiore Medical Center.

The woman was arrested by NYPD following an altercation with her neighbor and went into premature labor during the arrest, her lawyer said. She planned to sue the NYPD for $5 million.

Because she was restrained by the NYPD, her attorney Jonathan Gleit said he did not believe she was protected by the 2009 law. But, "I think the same principle applies," he said.

"The lawsuit is that the conduct that the police engaged in, shackling an eight-month pregnant woman, was unconscionable and caused her severe emotional stress," Gleit told DNAinfo New York.

A preliminary hearing in the case is scheduled for January.

"The bill unfortunately doesn’t cover women in that circumstance," said Tamar Kraft-Solar, co-director of the Women and Justice Project and former director of the Correctional Association of New York's Women in Prison Project. Under both the 2009 law and the new law, only women incarcerated in prisons and jails are protected, not those in police custody. 

"Women should be protected from these horrific practices no matter whose custody they're in," Kraft-Stolar said. "It's appalling, we’ve heard of other women who have experienced similar brutal treatment while in police custody. This is an area that needs significantly more protection and regulation."

Soffiyah Elijah, executive director of the Correctional Association of New York, expressed support for the new law and plans to make sure it is enforced. 

“The CA, as the only independent organization with unfettered access to New York's prisons, will be taking an active role in monitoring compliance with the law," Elijah said. "And we are we looking forward to  working with allies and advocates to ensure that women are educated about the new law and their rights.”