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12/12/2024 09:52 AM
Pennsylvania State Senate
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=S&SPick=20210&cosponId=35579
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Senate of Pennsylvania
Session of 2021 - 2022 Regular Session

MEMORANDUM

Posted: May 4, 2021 03:39 PM
From: Senator Amanda M. Cappelletti
To: All Senate members
Subject: Shackling of Incarcerated Pregnant Individuals
 
In the near future I will be introducing companion legislation to that introduced by Representative Mary Jo Daley, HB 469.

According to the American College of Obstetricians and Gynecologists, shackling incarcerated, pregnant individuals is cruel and inhumane. It is a practice which results in a number of serious health risks for the pregnant individual and fetus. In 2010, Pennsylvania responded to this problem by passing a law to prohibit 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 and often leads to incarcerated pregnant individuals 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 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 on recommendations made by the Women’s Law Project to further ensure the protection of pregnant incarcerated individuals. 
  
Please join me in ending this immoral practice and protecting the health and safety of Pennsylvania’s incarcerated individuals and children.




Introduced as SB707


Memo Updated: May 4, 2021 03:40 PM