NY Says No to Shackled Prison Births: 44 States To Go


Are America’s law-and-order pols finally getting some humanity? Well, at least this week, at least in New York state, where Gov. David Paterson has signed a bill banning the shackling of incarcerated pregnant women during labor and recovery. Ever give birth? I haven’t, of course, but my wife can tell you it pretty much sucks. Now try it while cuffed to a hospital bed. At the time, our 2008 prison package, entitled Slammed: The Coming Prison Meltdown, noted that 48 states allowed shackling, which the College of Obstetricians and Gynecologist noted puts “the health and lives of women and unborn children at risk.”

This week, the American Civil Liberties Union told the Associated Press that, with New York, six states—including Texas, Illinois, California, Vermont, and New Mexico—will have prohibited the practice; two others, Massachusetts and Tennessee are considering bans. (The New York law still allows women to be shackled if their behavior is deemed a threat to hospital or prison guards, which is reasonable enough, although in the AP article, an ACLU laywer cited continuing complaints of shackling even in states where it is limited.)

In any case, it’s a small, humane step for a very, very troubled American institution.

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