Resolution Supporting Childbirth Protection Exposed

The Resolution Supporting Childbirth Protection was considered by ALEC's Public Safety and Elections Task Force at the 2010 States and Nation Policy Summit on December 2, 2010. This bill was part of the ALEC task force agenda between 2010 and 2012, but due to incomplete information, it is not known if the bill passed in a vote by legislators and lobbyists at ALEC task force meetings, if ALEC sought to distance itself from the bill as the public increased scrutiny of its pay-to-play activities, or if key operative language from the bill has been introduced by an ALEC legislator in a state legislature in the ensuing period or became binding law.

ALEC Draft Bill Text

Summary

This Resolution calls for an end to the practice of shackling pregnant inmates.

Model Resolution

WHEREAS, the number of women in prison continues to rise each year; and

WHEREAS, there is currently no testing in place to distinguish whether or not a woman enters prison pregnant; and

WHEREAS, during pregnancy, labor, delivery, and post-partum recovery, shackling can endanger the health and lives of the mother and her child; and

WHEREAS, the American College of Obstetricians and Gynecologists have stated their opposition to the practice of shackling pregnant women; and

WHEREAS, there are rarely occasions in which restraints may be necessary, but for these situations there should be prior documentation by a medical or mental health professional stating reasons why restraints may be necessary; and

WHEREAS, litigation across the country demonstrates the need for a uniform, consistent application of statute that takes the unique situation of pregnant inmates, defendants and detainees into consideration; and

WHEREAS, the 8th Circuit Court of Appeals recently ruled that the use of restraints on laboring inmates, defendants and detainees is a violation of the Eighth Amendment and constitutes “cruel and unusual punishment,”; and

WHEREAS, the American Legislative Exchange Council (ALEC) is committed to developing effective criminal justice policies that create safe communities for citizens; and

WHEREAS, 40 states do not yet have legislation that outlaws the inhumane practice of shackling women in childbirth; and

WHEREAS, the Federal Bureau of Prisons, the U.S. Marshall Service, and the American Correctional Association have adopted policies to limit the use of shackles on pregnant prisoners.

THEREFORE BE IT RESOLVED that the American Legislative Exchange Council supports anti-shackling legislation for inmates who are pregnant, and urges policy-makers throughout the nation to implement legislation to end this inhumane practice.