2 April 2024
For centuries, pregnant women were placed in prison and treated like the average prisoner, putting them in dangerous situations and risking lifelong physical and psychological trauma for their children. Many complications come from this, and a child’s life is changed due to the unjust process of their birth. Pennsylvania’s House Bill 900 (HB900) focuses on incarcerated women in PA, specifically those who are pregnant. PA is one of 18 states that have enacted laws prohibiting the shackling of pregnant women in prisons; however, in the 32 other states, childbirth is being affected by these dangerous conditions (1). Legislation similar to this must be passed nationwide in order to ensure that no child or mother suffers the long term effects that these dangerous conditions bring.
The three main focuses of HB900 are outlawing the shackling of pregnant women, prohibiting solitary confinement for pregnant women, and guaranteeing three days post-delivery bonding time between mother and child. The bill was enacted on December 14 of 2023 after Governor Josh Shapiro officially signed it into law. The bill passed unanimously in both the PA House and Senate (2). Originally, the terms of HB900 included providing pregnant women with any hygiene products that they request, as well as implementing mandatory trauma-informed training for all prison staff members in contact with pregnant women. Sadly, these two pieces of the bill were changed in order for the bill to pass, which changed the general reception of the bill. The American Civil Liberties Union (ACLU) of PA changed its stance on the bill from “support” to “neutral,” as these changes still leave room for injustice against pregnant individuals in prisons. If this was passed on a federal level, it could include all the original terms and apply to all the federal correctional institutions nationwide to make prison an all around safer environment for pregnant inmates. Moreover, states across the country should be passing legislation like HB900 so that both state and federal prisons can be safe spaces for pregnant women.
Pregnant women in PA and throughout the country have historically been treated the same as other prisoners when it comes to shackling of all kinds. Pregnant women should not be held to this same standard when it comes to handcuffing and other forms of shackling, as their bodies require low stress and restrainment during pregnancy. When placed in handcuffs, risk of fall increases greatly for pregnant women—their balance is already affected by the pregnancy, and the handcuffs only make this balance worse (3). Shackling also makes it much harder to conduct tests, such as those for appendicitis, preterm labor, and kidney infections. Lastly, it enhances the risk of injury or harm when transporting a woman during an emergency (3). The Federal Bureau of Prisons came to the same conclusion and opposes the shackling of pregnant women.
Solitary confinement for pregnant women poses risks to not only the physical health of the women, but also their mental health. Many pregnant women have said that being in solitary confinement while pregnant, and especially very late in their pregnancy, drives them crazy and is very psychologically harmful (4). Dr. Sufrin, who teaches gynecology and obstetrics at Johns Hopkins stated that “Solitary confinement is in no way, shape, or form something that a pregnant person should be placed in.” She says that in her studies she has found that pregnant women need medical personnel at hand, especially when they are close to going into labor. Pregnant women are much more susceptible to blood clots, especially when they cannot move around freely. Being in solitary confinement allows for very limited movement, and trying to get physical exercise in a solitary confinement cell could lead to many physiological traumas (4).
Lastly, bonding time between mothers and their newborns is extremely important psychologically for both the mother and the child. Children need certain aspects of motherhood when being raised and especially immediately after birth, such as a mother’s warmth and breastfeeding. They also need the affection and love that come from their mothers that will allow them to create these bonds throughout their lives (5). A child that lacks their mother’s love at birth will carry that with them for the rest of their life, which can restrict them from making deep relationships throughout the course of their life. Standard treatment in hospitals includes and encourages as much bonding as possible for babies and their mothers right after birth. Hospitals try to create as many opportunities as possible for mothers to bond with their newborns, even when the baby is premature or needs special care. This is because medical workers acknowledge the importance of bonding between mother and newborn upon birth, and HB900 makes prison workers acknowledge this as well.
HB900 addresses issues that have been going on in American prisons for hundreds of years and have led to physical and psychological trauma for both mothers and newborn children. Before HB900, many children were heavily affected by being born or carried in prisons, and they carry this trauma with them for the duration of their lives. Though PA took action against this, it is still a major issue in thousands of prisons throughout the country. It is absolutely necessary that states nationwide pass legislation similar to HB900, leading to genuine improvement in our prison systems and helping the lives of thousands of mothers and children.
Image via Pexels Free Photos.
Works Cited
[1] ACLU REPRODUCTIVE FREEDOM PROJECT ACLU NATIONAL PRISON PROJECT. (n.d.). https://www.aclu.org/wp-content/uploads/legal-documents/anti-shackling_briefing_paper_stand_alone.pdf
[2] Pennsylvania HB900 | 2023-2024 | Regular Session. (n.d.). LegiScan. Retrieved March 1, 2024, from https://legiscan.com/PA/bill/HB900/2023
[3] Know the law. (n.d.). Retrieved February 21, 2024, from https://www.womenslawproject.org/wp-content/uploads/2019/10/Pregnancy-Shackling_When-Your-Patient-Arrives-in-Handcuffs.pdf
[4] McCammon, Sarah. Pregnant, Locked Up, And Alone. (2019, June 16). NPR. https://www.npr.org/2019/06/16/732109546/pregnant-locked-up-and-alone#:~:text=%22Solitary%20confinement%20is%20in%20no
[5] Mary Beth Steinfeld. (n.d.). Bonding is essential for normal infant development. News. Retrieved February 21, 2024, from https://health.ucdavis.edu/news/health-wellness/bonding-is-essential-for-normal-infant-development/2010/01#:~:text=The%20importance%20of%20bonding%20with
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