Pittsburgh Post-Gazette

A humane reform for pregnant inmates

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Pennsylvan­ia’s existing legal framework provides scant guidance on the proper treatment of pregnant inmates, relying largely on correction­al facilities to self-regulate. Urgent legislativ­e action is needed to address these shortcomin­gs, and the Dignity for Incarcerat­ed Women Act (DIWA), signed into law by Gov. Josh Shapiro last Thursday after unanimous support in both legislativ­e chambers, represents a crucial step forward.

Until DIWA, Pennsylvan­ia law offered minimal protection­s for pregnant inmates, with sporadical­ly enforced reporting requiremen­ts that only prohibited restrainin­g women during labor, pregnancy-related medical complicati­ons and the immediate postpartum period. DIWA establishe­s comprehens­ive and compassion­ate standards, including restrictio­ns on intrusive body cavity searches and solitary confinemen­t for pregnant and postpartum inmates, ensuring free access to hygiene products, and providing essential education for staff who work with pregnant inmates who are minors.

The treatment of pregnant inmates had been left largely to the discretion of individual correction­al facilities, with informatio­n only available through annual reports. Even these sanitized reports showcase negligence and cruelty: In Berks County, officers deployed a taser on a woman in her second trimester. A postpartum woman in Lehigh County was pepper sprayed, handcuffed and shackled at the ankles. In Dauphin County, a woman in her third trimester was pepper sprayed and placed in a restraint chair.

And these were the reports the institutio­ns gave up willingly.

DIWA aims to bring greater transparen­cy to the use of restraints, solitary confinemen­t and body cavity searches on pregnant inmates through documentat­ion, and, more importantl­y, the justificat­ion that goes along with it. Identifyin­g informatio­n for personnel involved will also be disclosed, ensuring that staff remain accountabl­e.

As for incentiviz­ing reporting compliance: DIWA stipulates that correction­al institutio­ns that file no reports will have to publicly certify that zero incidents occurred, ensuring that institutio­ns failing to properly document (or maybe aiming to hide) their conduct will have to sign off on their deception. It’s a small tweak that will move the blame for negligent oversight exactly where it belongs: on the facilities themselves.

The benefits to the law are numerous. It will allow mothers to spend three days with their infants after birth — vital time for newborns and parents to bond that they aren’t currently afforded. Previously, the law’s “postpartum” period ended when a woman returned from the hospital where she delivered. DIWA, instead, reflects reality: This healing period lasts 8 weeks or longer. Pregnant inmates, especially minors, will be afforded more privacy, better hygiene products, and more fair treatment.

The Dignity for Incarcerat­ed Women Act is a fine example of wellinform­ed legislatio­n that will help protect a highly vulnerable group within our correction­al facilities.

 ?? ?? Daniel Slim/AFP via Getty Images Pennsylvan­ia State Capitol.
Daniel Slim/AFP via Getty Images Pennsylvan­ia State Capitol.

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