Assembly Passes Legislation Prohibiting the Use of Restraints against Pregnant Individuals

Assembly Passes Legislation Prohibiting the Use of Restraints against Pregnant Individuals

Speaker Carl Heastie and Assemblymember Linda B. Rosenthal today announced the passage of legislation that would strengthen protections for incarcerated pregnant individuals by prohibiting the use of restraints and use of force against them (A.1670, Rosenthal).

"The Assembly Majority will always support the needs of pregnant women, and this legislation ensures incarcerated individuals who are pregnant have protections that safeguard their health and wellbeing across our criminal justice system." said Speaker Heastie. "It modernizes state law and guarantees pregnant women receive the treatment they deserve by corrections personnel and law enforcement through prohibiting the use of restraints while receiving care."

"Forcing women to give birth while being shackled is simply barbaric," said Assemblymember Rosenthal. "While New York already has existing protections for women in state prisons and local jails, women in the custody of law enforcement have been left without any protection. Last month, a Brooklyn woman in court on low-level charges was shackled as her water broke and she was forced to give birth on a courtroom bench while others looked on. This inhumane practice has no place in New York State, and it will now be abolished. I thank Speaker Heastie for his leadership on this issue."

This legislation would prohibit the use of restraints on pregnant incarcerated individuals, the use of force against them and would restrict the use of restraints on pregnant individuals by law enforcement. This builds off a 2009 law that prohibits the shackling of pregnant individuals during labor, delivery and recovery, and will prevent instances such as ones that have occurred where pregnant individuals have been shackled or restrained for innocuous movements or actions that an officer deems "threatening." Additionally, people have continued to be shackled when they are in police custody, but not formally incarcerated.