Stop Violence Against Women

Abuse of Women in Custody: Sexual Misconduct and Shackling of Pregnant Women

Key Findings

Use of Restraints on Pregnant Women in Custody

Amnesty International surveyed all 50 states as well as the District of Columbia and the Federal Bureau of Prisons to obtain information on the use of restraints on pregnant women in custody. These findings are based primarily on information provided in the surveys.

Only two state departments of corrections have legislation regulating the use of restraints on pregnant women. These are Illinois and California. Women detained in 48 states, the District of Columbia and the Federal Bureau of Prisons lack such legislative protection.

- A bill regulating the use of restraints on pregnant women is pending in New York.
Eight state departments of correction told AI they have no written policy governing the use of restraints on pregnant women. Arizona, Hawaii, Indiana, Iowa, Maine, New Hampshire, New Jersey and North Carolina.

- Kansas has a policy on restraining pregnant women during transportation but no policy governing the use of restraints on women during labor and birth.
Thirty-eight state departments of corrections and the Federal Bureau of Prisons may use restraints on pregnant women in the third trimester. Alabama, Arizona, Arkansas, California, Connecticut, Delaware, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Louisiana, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Washington, West Virginia, and Wisconsin.

- Louisiana and the Federal Bureau of prisons have no restrictions on the application of restraints other than specifying that pregnant women should not be restrained facedown in four-point restraints.

Labor/Delivery

Twenty-three state departments of corrections and the Federal Bureau of Prisons allow the use of restraints during labor. Alabama, Alaska, Arkansas, Arizona, Delaware, Idaho, Illinois, Indiana, Louisiana, Maine, Massachusetts, Minnesota, Mississippi, Nevada, New Hampshire, North Carolina, Ohio, Oklahoma, Pennsylvania, South Carolina, Tennessee, West Virginia, and Wisconsin.

- Most state departments of corrections did not provide details on what type of restraints may be utilized during labor, nor did they provide their policy. Amnesty International received the following details.

    º Alabama stated that restraints depend on the security class of the woman, but that "often two extremities are restrained."

    º Arkansas reportedly has a policy stipulating that women with "lesser disciplinary records" will at times have one arm and one leg restrained by flexible nylon "soft restraints." Arkansas did not provide information on how women with other disciplinary records are restrained.

    º Louisiana allows restraints including leg irons to be utilized.

    º Nevada reported that "normally only wrist restraints" are used.

    º New Hampshire stated that one foot may be shackled to the bed during labor depending on security class of the woman in labor.

    º West Virginia reports that leg restraints would not be used during labor.

    o Illinois, Massachusetts, Pennsylvania, Oklahoma and Wisconsin allow restraints until the inmate is in "active labor" or arrives at the delivery room.
Only five state departments of corrections and the District of Columbia have written policies stipulating that no restraints are to be used on inmates during labor and birth. Connecticut, Florida, Rhode Island, Washington and Wyoming.

- Hawaii, Iowa and Kansas reported that they have no policy but that the practice is not to restrain women during labor and birth.

- California, Georgia, Michigan, Missouri, Montana, Nebraska, New Mexico, New York, South Dakota and Texas told AI that they do not use restraints during labor and delivery; it is unclear whether this is based on policy or practice.

- Oregon reported that it does not use restraints during labor and delivery "unless expressly requested by the attending physician."
Twenty-four state departments of corrections station an officer in the delivery room while an inmate is in labor. Alabama, Arizona, Arkansas, Connecticut, Idaho, Iowa, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nevada, New Hampshire, New York, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Texas, Washington, Wisconsin and Wyoming.

- Some departments require the officer to be female. These include Iowa, Michigan, Minnesota, Missouri, New York, Oklahoma, Oregon, Pennsylvania, Texas, Washington and Wisconsin.

- Florida reported that placement of an officer in the delivery room is decided on a case-by-case basis.

Transportation

Forty-one state departments of corrections and the Federal Bureau of Prisons may use restraints on pregnant women during transportation. Alabama, Alaska, Arizona, Arkansas, California, Connecticut, Delaware, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Louisiana, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Washington, Wisconsin and West Virginia.

- Most departments did not provide details on what type of restraints may be utilized during transportation and did not provide their policy. Amnesty International received the following details:

    º Three departments may use belly chain and leg irons. Kansas, North Carolina and Washington. Additionally, Ohio reportedly uses belly chains and leg irons until the third trimester, after which handcuffs are used.

    º Three departments use belly chain or belt and handcuffs. Idaho, Nebraska and Oklahoma.

    º Four departments use leg irons and handcuffs. Louisiana, New Hampshire, Pennsylvania and West Virginia. (Pennsylvania and West Virginia do not use leg irons if the woman is being transported to the hospital to give birth). Additionally, Connecticut may use leg irons if the shift supervisor determines that this is necessary for "security reasons."

    º Three department use handcuffs. Rhode Island, South Dakota and Texas.

- Three departments require that restraints be utilized. Florida, Louisiana and Pennsylvania.

- Two departments told AI that they do not use restraints if the inmate is on her way to the hospital for delivery. California and Illinois.

- Three departments told AI that they do not normally allow the use of restraints on pregnant women during transportation. The District of Columbia, Hawaii and Wyoming.