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05/20/2024 07:48 AM
Pennsylvania State Senate
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=S&SPick=20230&cosponId=41301
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Senate of Pennsylvania
Session of 2023 - 2024 Regular Session

MEMORANDUM

Posted: August 22, 2023 02:01 PM
From: Senator Amanda M. Cappelletti
To: All Senate members
Subject: Shackling of Incarcerated Pregnant Individuals
 
I will soon be re-introducing legislation to ban the shackling of pregnant people who are incarcerated. According to the American College of Obstetricians and Gynecologists, shackling incarcerated, pregnant individuals is cruel and inhumane. It is a practice which results in serious health risks for the pregnant individual and fetus.  
 

In 2010, Pennsylvania enacted a law to prevent the shackling of pregnant inmates after the second trimester unless an individualized determination is made by the correctional institution staff. In practice, however, the law is poorly enforced; incarcerated pregnant individuals are still being shackled. An investigation conducted by the American Civil Liberties Union of Pennsylvania found that incarcerated pregnant individuals are frequently shackled but that the shackling is rarely reported, violating state law.  
   
This legislation, identical to SB707 of last session, will strengthen restrictions on the use of restraints on incarcerated or detained people at any stage of pregnancy. It will also strengthen training, accountability and reporting requirements to ensure that such protections are no longer ignored. Please join me in ending this immoral practice and protecting the health and safety of Pennsylvania’s incarcerated and detained individuals and children. 



Introduced as SB994