Testimony In SUPPORT of H.B. 345, “Penal institutions; pregnant female inmates or a female inmate who is in the immediate postpartum period; provide prohibited practices”
March
20, 2019
Senate
Health and Human Services Committee
Chairman and members of the
committee:
My name is Marc Hyden, and I am Georgia resident and the Director of State Government Affairs for the R Street Institute, a nonprofit, nonpartisan public policy research organization. Our mission is to engage in policy research and outreach to promote free markets and limited, effective government in many areas, including prison reform, and that is why H.B. 345 is of special interest to us.
To date, only 22 states, the
District of Columbia,[1] and the federal government have some form of
law prohibiting the unnecessary shackling of incarcerated women during labor,
child birth and the postpartum period. Georgia is not among those states, but
it should be.[2]
While the American prison
population has long been predominantly male, the number of incarcerated females
has surged and is expected to continue growing. A large portion of these women
are housed in prisons because of low-level, nonviolent drug offenses. In many
ways, prisoner treatment has not evolved with shifting demographics. Thus, many
states have uniform policies that require or permit shackling, which also apply
to pregnant prisoners. This is no small problem. Upwards of 10 percent of women
are pregnant at the time of their incarceration.[3]
The effects of such a policy are
damaging and needless. While shackling is used to prevent escapes and safeguard
corrections officers, medical workers and fellow inmates, few, if any, women
can be considered a serious flight risk during delivery. Rather, this policy
risks causing serious harm. As they walk to and from medical care, pregnant
women in shackles are more likely to fall and injure themselves and their baby.
Beyond this, such restraints can hinder medical workers’ abilities to provide
the care that these women need, and can cause increased agony during child
birth.[4]
Inmates forfeit many of their
rights and privileges, and to a degree, this is inevitable. However, unless
there is a legitimate threat, I believe we should respect the sanctity of
bringing life into this world and should allow incarcerated women a shred of
dignity during child birth. Thus, it is critical that the Legislature pass H.B. 345.
Thank you for your time,
Marc Hyden
Director, State Government Affairs
The R Street Institute
(404) 918-2731
[1]Ferszt,
Ginette G., et al, “Where Does Your State Stand on Shackling of Pregnant
Incarcerated Women?,” Nursing for Women’s Health, Feb. 2018: https://nwhjournal.org/article/S1751-4851(17)30335-5/pdf.
[2]
Collins, Doug, H.R. 5682, First Step Act, 115th Congress: https://www.congress.gov/bill/115th-congress/house-bill/5682/text.
[3]
Clarke, Jennifer and Simon, Rachel, Shackling and Separation: Motherhood in
Prison, AMA Journal of Ethics, Sept. 2013: https://journalofethics.ama-assn.org/article/shackling-and-separation-motherhood-prison/2013-09.
[4]
Clarke, Jennifer and Simon, Rachel, Shackling and Separation: Motherhood in
Prison, AMA Journal of Ethics, Sept. 2013: https://journalofethics.ama-assn.org/article/shackling-and-separation-motherhood-prison/2013-09.
