Under existing law, incarcerated pregnant people are prohibited from being shackled during labor, delivery and recovery.
A new measure passed in the New York state Legislature extends that protection to those in the custody of law enforcement and while receiving care outside of labor and delivery.
“As I am a mother who’s given birth behind bars and shackles,” said Rebecca Figueroa.
Figueroa recalls the birth of her fourth child. It was behind bars and prior to a law passed in 2009 that prohibited this practice.
“It was a horrifying experience for me to give birth in shackles in a community jail,” said Figueroa. “You know this is not even prison. This is still fighting on your case. You know you’re still innocent until proven guilty.”
Now an advocate, Figueroa supports the newly passed legislation.
It was sponsored by Democratic state Assemblymember Linda Rosenthal.
“For those who think that, oh perhaps a nine-month pregnant person is dangerous, there are provisions in the bill in case of emergency situations which really don’t occur, but to give everyone peace of mind,” said Rosenthal.
Now that the bill has passed the state Legislature, advocates are making a passionate plea to Gov. Kathy Hochul to sign it into law.
“It’s not over yet, and what we still have to find out is does Gov. Hochul prioritize infants born behind bars and the dignity and safety of their mothers?” said Serena Martin, founding executive director of New Hour for Women and Children.
When reached for comment, the New York state Department of Corrections and Supervision (DOCCS) said in a statement: “Per Department policy and as outlined in Correction Law § 611, no restraints of any kind are used when an incarcerated individual is in labor, or admitted to a hospital, institution, or clinic for delivery or recovery after childbirth. Additionally, no restraints of any kind are used during transport of a woman in labor, a woman who is known to be pregnant, or a woman within eight weeks after delivery or pregnancy outcome, absent extraordinary circumstances. Restraints may be authorized only when a Superintendent determines they are necessary to prevent an incarcerated individual from harming themselves, staff, medical personnel, or others, and when other reasonable measures, including additional staffing, are not sufficient.”
The New York State Police also told Spectrum News 1 “if the legislation is signed into law, State Police will follow it as written.”
Another provision in this bill is that it allows the incarcerated pregnant individual to have a support person in the room during labor and delivery and during prenatal care instead of a correction officer. It does allow for a correction officer to be in the room if medical staff feels the need.
Once signed, the measure indicates it will “take effect immediately.” However, Rosenthal notes that DOCCS may need to write instructions which could delay its implementation.