Local senator's bill would prohibit shackling of pregnant inmates

The Missouri Senate has approved unanimously legislation that would prohibit the shackling of pregnant inmates in many cases.

The bill would ban shackling of prisoners in their second and third trimesters and for 48 hours after delivery, unless approved by a doctor.

The prohibition was added to a bill sponsored by state Sen. Wayne Wallingford, R-Cape Girardeau.

The measure, which also seeks to limit the shackling of juveniles and keep juveniles out of adult jails before trial, now is before the House.

Wallingford said Tuesday he believes the bill is "on track" to become law.

The legislative effort comes as a former inmate of the Mississippi County Detention Center filed suit in federal court this week, claiming she was abused while incarcerated and that such mistreatment led to the death of her baby.

Among other things, the suit alleges she was shackled by the waist, wrists and ankles while pregnant and dragged from one room to another in the detention center as she pleaded unsuccessfully for medical attention. The American Civil Liberties Union is representing the plaintiff.

The amendment to prohibit shackling of pregnant offenders was added by state Sen. Jamilah Nasheed, D-St. Louis. Wallingford said he agreed to the amendment because it makes sense to include it with his measure, which addresses the shackling of juveniles.

Wallingford said he doesn't believe a pregnant woman would pose a serious "flight risk" when well along in her pregnancy.

In a statement, Nasheed said, "The shackling of pregnant women is a human-rights issue. The use of restraints during labor has resulted in a wide range of injuries, from falls to loss of fertility. The vast majority of Missouri's pregnant offenders are nonviolent and pose no risk of flight or danger to others, especially during labor."

Nasheed stated the bill "will go a long way to bring Missouri into compliance with the 8th Amendment (against cruel and unusual punishment) and with what is morally right."

According to an ACLU briefing paper posted online, "Shackling pregnant prisoners endangers the health and safety of both the mother and the fetus and is almost never justified by the need for safety and security for medical staff, the public or correctional officers."

The ACLU said 18 states have laws prohibiting or restricting shackling of pregnant prisoners.

More than 200,000 women are in jails or prisons in the United States in any given year. About 6 percent, or 12,000, of those women are pregnant at the time they are incarcerated, the ACLU reported.

"Those women, including the thousands who will deliver their babies while still incarcerated, are routinely subjected to the risk of shackling," the report noted.

Wallingford's bill mandates pregnant and postpartum offenders must be transported in cars with seat belts. If restraints are used, they must be the least restrictive available.

Leg or waist restraints would be banned, and other restraints could not be used if opposed by the offender's health-care provider.

A doctor would have to determine "extraordinary circumstances exist" to allow the use of restraints. The physician would have to "fully document" information in writing within seven days of the incident.

But Cape Girardeau County Sheriff John Jordan said he hopes the measure will be amended in the House to allow law-enforcement officers to use discretion in shackling pregnant offenders.

"I think police officers have to have a little bit of wiggle room," he said.

A woman can pose a safety threat even if she is pregnant, Jordan said. Making a blanket prohibition against shackles puts officers at risk of being sued in federal court on civil-rights violations, Jordan said.

The other provisions of the bill deal with juvenile offenders.

It would mandate the court must hear a request by the juvenile's attorney that restraints not be used. If the judge orders the use of restraints, the court must make "findings of fact" in support of such a decision.

Wallingford said adult defendants typically are not shackled when they are being tried in court. He said juveniles should be provided the same right.

Wallingford cited the success of a Texas court where thousands of juvenile cases were handled without shackles.

Wallingford's bill also would prohibit, except in certain cases, the detention in an adult jail of a juvenile certified as an adult until he or she has been sentenced or turns 17 years old.

Randy Rhodes, chief juvenile officer of the 32nd Judicial Circuit, said he supports Wallingford's bill.

Rhodes said if a juvenile is violent and poses a safety risk, that person's legal proceedings in this judicial circuit can be handled via video technology so the juvenile doesn't have to physically be present in court.

mbliss@semissourian.com

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