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06/18/2021 08:38 AM
Pennsylvania House of Representatives
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=H&SPick=20210&cosponId=35339
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House of Representatives
Session of 2021 - 2022 Regular Session

MEMORANDUM

Posted: April 9, 2021 11:45 AM
From: Representative Mary Jo Daley
To: All House members
Subject: Shackling of Incarcerated Pregnant Individuals (UPDATED VERSION)
 
According to the American College of Obstetricians and Gynecologists, shackling incarcerated, pregnant individuals is cruel and inhumane, creating a number of serious health risks for the pregnant individual and fetus.  In response to this problem, in 2010, Pennsylvania passed a law to prohibit the shackling of pregnant inmates after the second trimester.  In practice, however, the law is poorly enforced. An investigation conducted by the American Civil Liberties Union found that incarcerated pregnant individuals are frequently shackled but that the shackling is rarely reported, violating state law.
 
For this reason, my legislation will expand restrictions on the use of restraints on pregnant, laboring, or postpartum prisoners or detainees.  It will also strengthen accountability and reporting requirements to ensure that such protections are no longer ignored.  This is an updated version of previously introduced legislation based off of recommendations made by the Women’s Law Project to further ensure the protection of pregnant incarcerated individuals.
 
Please join me in protecting the health and safety of Pennsylvania’s incarcerated individuals and children.

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Introduced as HB1494