PRINTER'S NO. 2287

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE RESOLUTION

No.

444

Session of

2017

INTRODUCED BY DALEY, MURT, DEAN, SOLOMON, READSHAW, DAVIS,

SCHLOSSBERG, KINSEY, D. COSTA, SCHWEYER, O'BRIEN, D. MILLER,

WARREN, WATSON, THOMAS, YOUNGBLOOD, FREEMAN, SIMS, HILL-

and girls in State correctional institutions, county jails

and juvenile detention facilities within this Commonwealth.

WHEREAS, Women and girls housed in State correctional

institutions, county jails and juvenile detention facilities

confront a unique set of challenges and requirements when

compared to their male counterparts; and

WHEREAS, More than 200,000 women are held in prisons and

jails nationwide; and

WHEREAS, Almost three-quarters of women in Federal and state

correctional facilities are mothers, an increase of more than

being pregnant at intake; and

WHEREAS, More than 2,500 women are currently housed in State

correctional institutions in this Commonwealth; and

WHEREAS, As of January 2015, the official one-day census of

county jails in this Commonwealth found that 4,740 females were

housed in these institutions; and

WHEREAS, This finding is not an adequate representation of

the total number of women passing through county jails each

year; and

WHEREAS, Hundreds of young girls are involved in juvenile

facilities has gained national attention in recent years; and

WHEREAS, Numerous correctional associations and medical

associations, including the American Congress of Obstetricians

and Gynecologists, the American Medical Association, the

American Public Health Association and the American

Psychological Association, have taken a position against the

general use of shackles and restraints on pregnant women, citing

health concerns for the woman and fetus; and

WHEREAS, Being shackled or restrained can directly impact the

mental and physical well-being of pregnant women; and

WHEREAS, These risks can result in increased medical costs to

state and local governments; and

WHEREAS, The General Assembly, recognizing the health risks

associated with restraining pregnant women, enacted the act of

July 2, 2010 (P.L.275, No.45), which added sections 1104, 1758

and 5905 to Title 61 (Prisons and Parole) of the Pennsylvania

Consolidated Statutes; and

WHEREAS, These new provisions are commonly referred to as the

Healthy Birth for Incarcerated Women Act (the Act); and

WHEREAS, The Act generally prohibits placing pregnant women

institutions, county jails and juvenile detention facilities to

annually report instances of restraining pregnant women and

girls to the Department of Corrections or the Department of

Human Services; and

WHEREAS, The Act delineates the documentation requirements

for State correctional institutions, county jails and juvenile

detention facilities that must be met in reporting these

instances; and

WHEREAS, Thousands of individuals are employed in State

correctional institutions, county jails and juvenile detention

WHEREAS, While the Act was a meaningful step in ensuring that

many pregnant women are not shackled or restrained in State

correctional institutions, county jails and juvenile detention

facilities, there have been challenges with enforcing the law;

and

WHEREAS, The annual report compiled by the Department of

Corrections on this issue consistently finds that only a handful

of county jails are reporting instances of restraint under the

law; and

WHEREAS, The most recent report of the Department of

findings describing the circumstances that led to the

determination that the inmate represented a substantial flight

risk or a safety threat; and

WHEREAS, The Department of Corrections has stated that the

Act lacks any kind of enforcement mechanism to hold facilities

accountable for failing to properly report incidents involving

application of restraints on pregnant women housed in State

correctional facilities and county jails; and

WHEREAS, There is concern that county jails throughout this

Commonwealth have interpreted the requirements of the Act

RESOLVED, That the House of Representatives direct the

Legislative Budget and Finance Committee to review and evaluate

the use of restraints on pregnant women and girls in State

correctional institutions, county jails and juvenile detention

facilities within this Commonwealth, including overall best

practices in the care of pregnant women in State and county

custody, by interviewing administrators and employees of these

facilities; and be it further

RESOLVED, That the Legislative Budget and Finance Committee

prepare a report of its findings that shall at a minimum:

possible, and determine if the application of these

restraints violates the Act.

requirements of the Act among wardens and chief executives of

State correctional institutions, county jails and juvenile

detention facilities.

effectiveness of training regarding the requirements of the

Act to the following:

Commonwealth to determine their knowledge of their rights and

responsibilities under the Act as well as their interactions

and experiences with incarcerated pregnant women and girls

who are under their care.

eliminating the use of restraints on pregnant inmates in all

but the most extraordinary circumstances and, if the Act does

for instances of restraint and shackling.

and treatment of incarcerated pregnant women from the

prenatal period through the postpartum period, with an

emphasis on the 2014 report by the Bureau of Justice

Assistance entitled Best Practices in the Use of Restraints

with Pregnant Women and Girls Under Correctional Custody, and

determine whether those practices are being followed in this

Commonwealth;

and be it further