New York law limits shackling of pregnant prisoners



WASHINGTON - A new bill signed into law in New York state will prevent pregnant prisoners from being shackled or handcuffed during medical visits or while they are in labor, the governor's office said Thursday.
The use of restraints on pregnant prisoners, even after they go into labor, is widely accepted throughout the United States.



New York law limits shackling of pregnant prisoners
New York will join just five other states -- Texas, Illinois, California, Vermont and New Mexico -- that ban the practice. Regulations governing federal prisons also prohibit the use of restraints on pregnant prisoners in labor or during doctors' visits.
Many inmates who have challenged the practice described being shackled even as they went into labor in the delivery room, with some restrained at the wrists and ankles and even with a chain around their stomachs.
"It's a strange victory because there were so few opponents to ban this practice I think it's surprising it took so long," said Corrine Cary, public policy counselor with the New York Civil Liberties Union.
The law easily passed the state legislature in May, but was only signed into law by the New York governor David Paterson on Wednesday.
"I believe that the department of corrections had objections, although they didn't make their objections public," Cary told AFP.
Erik Kriss, a spokesman for the New York department of correctional services told AFP the law leaves room for prison authorities to ensure they take security measures if necessary.
"If there is a serious flight or security risk, I believe the bill gives us... the option to use minimal restraint," he said.
"That's important because we run a prison system and whether an inmate is male or female, pregnant or not, they are convicted felons and some of them are dangerous and do pose security risks."
The new law allows the use of handcuffs against pregnant prisoners "under extraordinary circumstances."
"In our practice we have always tried to minimize the restraining of pregnant inmates," Kriss said.
He said 48 inmates had given birth in New York state prisons in 2008 and the only restraints used on any of them were handcuffs.
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Friday, August 28th 2009
AFP
           


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