When Rebecca Figueroa gave birth to her fourth child, her right leg was chained to the hospital bed so tightly that the shackle left cut marks on her skin, she said.<\/p>\n
Figueroa, then in her twenties and addicted to drugs, was awaiting trial in Suffolk County on low-level charges that were ultimately dismissed, she said. Nineteen years later, she still tears up as she thinks about how lonely and helpless she felt in that moment.<\/p>\n
\u201cI was hurt. I was sad. I was discouraged,\u201d Figueroa said. \u201cI felt like I was screaming and nobody could hear me.\u201d<\/p>\n
A package of bills pending in the state Legislature aims to improve treatment of pregnant people in custody. A childbirth inside a Brooklyn courtroom<\/a> earlier this month is placing renewed attention on the legislation, which has stalled in the statehouse for years.<\/p>\n One bill would make it illegal in most cases to shackle pregnant people in police custody during labor, delivery and post-birth recovery. It would also strengthen existing protections against shackling people in jail or prison. Other pending legislation aims to improve access to prenatal care, nurseries and medical supplies for pregnant and postpartum people in custody.<\/p>\n On May 15, Samantha Randazzo gave birth inside arraignment court while in NYPD custody after police arrested the nine-months-pregnant woman on a low-level drug charge. A public defender in the courtroom that night said Randazzo’s hands were cuffed behind her back while she waited to be arraigned, but officials said the restraints were removed once it became clear she was in labor.<\/p>\n Randazzo\u2019s case \u201cputs a sharp focus\u201d on why the legislation needs to pass, said Assemblymember Linda Rosenthal of Manhattan\u2019s West Side, who sponsored the anti-shackling bill.<\/p>\n \u201c[It] illustrates the consequences of not enacting it into law before now,\u201d she said. \u201cIt basically demands that we do.\u201d<\/p>\n An NYPD spokesperson said Randazzo\u2019s handcuffs were removed when she went into labor. They did not respond to questions about the department\u2019s position on the proposed legislation.<\/p>\n The police department does not publicly report data on how many pregnant people it arrests each year. But the number of incarcerated women across the country has climbed in recent decades, according to the Prison Policy Initiative. In New York City, about 465 women are incarcerated in city jails on any given day, according to the latest data from the Department of Correction. Researchers estimate that about 3% of women entering U.S. jails and 4% of women admitted to state prisons are pregnant, according to the Women\u2019s Community Justice Association.<\/p>\n New York already has laws that restrict the use of restraints during labor and delivery in most cases for people in jail or prison. But those laws do not apply to people in the custody of local law enforcement, including the NYPD.<\/p>\n When arresting pregnant people, the NYPD patrol guide currently instructs officers to cuff them behind their backs, \u201cabsent exceptional circumstances\u201d like a medical emergency, and then notify a supervisor. Supervisors can decide whether a less restrictive method is appropriate, such as cuffing in front of the body or cuffing one hand to a stationary post, according to the patrol guide. The manual instructs police to consider several factors when determining the appropriate level of restraint, including the safety of everyone present, the likelihood of the person escaping and the circumstances leading to their arrest.<\/p>\n The police department agreed to update its policies<\/a> and provide additional training<\/a> on restraining pregnant people several years ago, in response to civil lawsuits filed by women who said they were shackled while giving birth in police custody. But an attorney who represented both women said at the time that the NYPD\u2019s new policies fell short<\/a> and did not seem to be based on input from experts.<\/p>\n Rosenthal\u2019s bill would prohibit the use of restraints on people in police custody who are pregnant, in labor or delivery, or within 12 weeks post-pregnancy, except in extreme circumstances. If restraints are needed, they are supposed to be used for the shortest amount of time possible and only on the wrists in the front of the body.<\/p>\n For pregnant people incarcerated in jails and prisons, the legislation clarifies the limited situations when they can be restrained. Sophie Gebreselassie, a staff attorney with the Legal Aid Society\u2019s Prisoners\u2019 Rights Project, said the existing laws are ambiguous enough that correction officers often still use restraints when they shouldn\u2019t, by claiming that it\u2019s necessary for safety.<\/p>\n \u201cWithout clear mandates and without clear protections, horrific things will occur,\u201d she said.<\/p>\n The American College of Obstetricians and Gynecologists, the leading professional association for OB-GYN\u2019s, \u201cstrongly opposes the use of restraints<\/a> in pregnancy, labor and delivery, and the postpartum period,\u201d the organization said in guidance released in July 2021.<\/p>\n ACOG warns that restraints can endanger the health of both the pregnant person and the fetus. They can interfere with clinicians\u2019 ability to evaluate patients, especially when emergencies arise, according to the guidance. When restraints are needed for safety reasons, the organization recommends that officials use the \u201cleast restrictive method possible.\u201d<\/p>\n