SB 1184: Anti-shackling bill signed into law.

Sorry to be so slow on this, folks - thought I already posted it. Congratulations to all who worked so hard on this - and thank you! 

As for you, Sheriff Joe - go shackle yourself....

------------from the ACLU-AZ--------------

FOR IMMEDIATE RELEASE
Wednesday, March 21, 2012



CONTACT:
Alessandra Soler Meetze, ACLU of Arizona, (602) 773-6006 (office) or 602-418-5499 (cell)

PHOENIX – In a historic win for women and mothers in Arizona, Governor Jan Brewer today signed a bill banning the practice of restraining pregnant inmates in shackles. The bill – which generated support from across the ideological spectrum – prevents jail officials from using leg or waist restraints during transportation, labor, delivery and postpartum recovery. With the passage of SB 1184, Arizona now joins 14 other states in banning this inhumane and unconstitutional practice.

"The end of this dangerous and widespread practice is long overdue," said ACLU of Arizona Public Policy Director Anjali Abraham, who worked with the bill’s sponsor, Senator Linda Gray (Republican- District 10), to garner support from lawmakers on both sides of the aisle. "Restraining a pregnant woman can pose undue health risks to the woman and her child, and this bill reaffirms that pregnant women in prison—and their children—do not lose their right to safe and humane treatment."

The bill was drafted based on Arizona Department of Corrections policy and protects pregnant women incarcerated in county jails throughout Arizona. An ACLU analysis of county jail policies from across the state found that because there was no state law restricting the use of restraints on pregnant inmates, each jail had adopted its own set of policies and procedures that subjected pregnant inmates in Arizona jails to belly, leg and/or hand restraints, even while giving birth. In some jurisdictions, women wear leg irons on the way to the hospital to give birth. In Maricopa County, restraints are used until the woman goes into “active labor” or is administered an epidural.

“For far too long, shackling a pregnant inmate was a common practice that was not only dangerous to women and children, but made no sense considering most women inmates are nonviolent offenders who pose low security risks,” added Anjali. “Our legislators were rightly concerned about this practice. Not one Arizona legislator voted against this bill.”

The American College of Obstetricians and Gynecologists, the American Correctional Association, Federal Bureau of Prisons, the American Medical Association, and the American Public Health Association all condemn the practice of shackling pregnant women. In addition, the Eighth Circuit Court of Appeals ruled in 2009 that the practice was considered cruel and unusual punishment in violation of the Eighth Amendment.
SB 1184, which does permit corrections officials to use the least restrictive restraints necessary for individuals perceived as a security risk, passed unanimously in both the House and Senate.

To read a copy of the bill, visit: http://www.azleg.gov/legtext/50leg/2r/bills/sb1184s.pdf.

UNSHACKLING Arizona: SB1184 makes it through committee.

Hooray!!!

---------from the AP via the Capitol Times---------

Committee approves pregnant inmates bill

By The Associated Press

Published: February 1, 2012 at 1:40 pm

A Senate committee unanimously approved a bill Wednesday morning that would ban state or county jails and prisons from shackling inmates or detainees while they’re being transported for delivery or during labor, delivery or postpartum recovery. The bill makes exceptions if medical staffers ask that the prisoner be restrained or a jail or prison official decides the prisoner or detainee might take off.

The bill follows a lawsuit that was filed last year against the Maricopa County Sheriff’s Office by an inmate who says her rights were violated when she was shackled before and after her Caesarean section in 2009.

The Arizona Republic reported last December that the lawsuit claims Miriam Mendiola-Martinez was forced to leave the hospital with her hands and feet handcuffed. The lawsuit also claims Mendiola-Martinez was taken away without receiving pain medication. That was one impetus for the Senate bill, said Sen. Linda Gray, R-Phoenix, who sponsored the measure.

“To me, that was humiliating. She’s probably still in pain and that was unnecessary,” she said after the committee hearing on Wednesday.

Gray said the American Civil Liberties Union brought it to her attention.

The issue is something the organization has been tracking for a number of years, said Anjali Abraham, an ACLU lobbyist.

“We just want to ensure the safest delivery conditions for baby and mom. This is a population that often gets overlooked,” she said.

So far, 14 states have adopted similar restrictions, according to the ACLU. Bills to restrict shackling are being considered in Massachusetts and Florida this year.

The Arizona Department of Corrections, U.S. Marshals Service and Federal Bureau of Prisons have all adopted policies in the past decade that prohibit the shackling of women in labor.

The practice is “inhumane” and “Draconian,” said Imani Walker, the executive director of the Rebecca Project for Human Rights, a Washington D.C.-based group that lobbied the federal prison system to adopt restrictions on shackling pregnant prisoners.

Lawmakers in Arizona tried to pass a law restricting the practice last year, but the bill failed to make it out of a committee. This year, lawmakers from both parties have signed onto the Senate bill and a similar proposal that’s been introduced in the House.

Maricopa County Sheriff’s Office spokesman Jeff Sprong said the agency is neutral on the bill after working on a compromise with lawmakers that allowed the use of a leg tether to be attached to an inmate’s ankle and the bed frame during postpartum recovery.

The bill stipulates that if restraints are used during the delivery process, they should be “done in the least restrictive manner necessary.”

Dr. Lisa Cookingham, who practices obstetrics and gynecology in the Phoenix area, testified at the hearing in support of the bill and said she cares for incarcerated patients on a regular basis.

In a recent case, she said one of her patients went into labor at six and a half months and needed an emergency delivery of the baby. Cookingham said officers initially refused her requests to remove shackles on the patient’s legs, which jeopardized the care of the mother and child.

“This unfortunately is not unique situation,” she said.

Cookingham said she appreciates the security measures, but feels they are often excessive and ignore health and safety concerns.

The bill advances to the Senate rules committee. From there, if it passes, the measure would move to the full Senate.

UNSHACKLE US! SB 1184: Rights for pregnant prisoners.

----------Legislative ALERT From the ACLU of Arizona------------

Every woman deserves safe and humane conditions in which to deliver her child.
And every child deserves safe delivery conditions that don’t risk his or her entry into this world.

But pregnant inmates—and their children—don’t always get those conditions. Pregnant inmates are sometimes shackled at the wrists and/or ankles while they give birth.  This practice is extremely dangerous to both mother and baby and can cause major problems during delivery. This practice is almost always unnecessary. This practice has been opposed by the American Medical Association, the American College of Obstetricians and Gynecologists, the American Correctional Association, the Federal Bureau of Prisons, and the U.S. Marshals Service. This practice has already been banned by a handful of other states.

Tomorrow morning at 9 AM, an Arizona Senate health committee will try to do something about the practice of shackling pregnant inmates. SB 1184 (prohibited restraints; pregnant prisoners) prohibits the use of restraints on pregnant inmates while they are being transported to a medical facility to deliver their baby, during labor and delivery, and during postpartum recovery. The bill is sensible and reasonable, and even includes a safety exception to allow for the limited use of restraints if it is absolutely necessary for the safety of medical and corrections personnel. The bill also has significant bipartisan support. Most importantly, SB 1184 goes a long way to ensuring safe conditions for mother and baby in a population that is all too often overlooked.

Tell Arizona’s legislators that you support the safety and well-being of all children and their mothers. Tell Arizona’s legislators that they can do the same by voting “YES” on SB 1184. There are two ways to do so.

If you have an account with the Legislature's request-to-speak system, log in and register your support. You can reach the log-in page by following this link: http://alistrack.azleg.gov/rts/login.asp

Contact the members of the Senate Public Safety and Human Services Committee and ask them to vote “YES” on SB 1184. Here is the contact information for members of the committee:

Linda Gray (**committee chair and sponsor of the bill**)—email: lgray@azleg.gov; phone: 602-926-3376
Adam Driggs (vice-chair)—email: adriggs@azleg.gov; phone: 602-926-3016
Nancy Barto—email: nbarto@azleg.gov; phone: 602-926-5766
Rich Crandall—email: rcrandall@azleg.gov; phone: 602-926-3020
Leah Landrum Taylor—email: llandrum@azleg.gov; phone: 602-926-3830
Linda Lopez—email: llopez@azleg.gov; phone: 602-926-4089

In liberty,

Anjali Abraham
Public Policy Director

AZ legs Ash & Gray support new limits to shackling pregnant prisoners.

It's about time. With two strong Republicans at the helm on this, we might actually see it pass the legislature this year. This shows, by the way, that some things done by the Maricopa County Sheriff's Office actually can be reined in by proper legislative oversight - not everyone has to wring their hands and whine about being powerless in the face of the man abusing people. Thanks to Representative Cecil Ash and Senator Linda Gray for being willing to take this on.

------------

Bill limits shackling of pregnant inmates

by Alia Beard Rau 

Jan. 30, 2012

The Arizona Republic | azcentral.com

A bipartisan group of lawmakers hopes Arizona will join 14 other states in limiting how and when jails can shackle pregnant women.

Democrats have tried unsuccessfully to push legislation for the past two years. But this year, the effort may see some success. Republicans are sponsoring bills in both the House and Senate. And for the first time, the issue has been granted a hearing.

The Senate Public Safety and Human Services Committee will hear Senate Bill 1184 Wednesday morning. Sen. Linda Gray, R-Glendale, is both the committee’s chairwoman and the bill’s primary sponsor, giving it a strong chance of passing at least the committee.

Rep. Cecil Ash, R-Mesa, is sponsoring a similar House Bill 2528.

The Senate bill would ban any state or county correctional institution from using restraints on a prisoner or detainee in her final trimester of pregnancy or during labor, delivery and postpartum recovery unless medical staff request the restraints or a corrections officer determines that the situation “presents an extraordinary circumstance” such as being a substantial flight risk. It would ban leg or waist restraints in all circumstances during labor or delivery.

“This practice is not just dangerous to the mother but it’s also dangerous to the baby being born,” ACLU of Arizona Public Policy Director Anjali Abraham said. “If you’ve had a baby or been in the labor room with a woman, you know their biggest priority is having that baby. They are not going to jump off the bed and take off.”

The proposed legislation would most impact county jails. The Arizona Department of Corrections instituted restrictions on shackling women in labor or postpartum recovery in 2003. The Federal Bureau of Prisons restricted it in 2008.

The Maricopa County Sheriff’s Office has some concerns with the Senate bill, Deputy Chief Ray Churay said.

“We’re not super opposed to this,” Churay said. “There are just some adjustments we would ask for.”

He said some of the bill’s definitions are too vague. They’d like to see the bill require that a medical professional determine whether a woman is in labor, and they want Gray to clarify the definition of postpartum recovery so it does not ban law enforcement from shackling a woman who must remain in the hospital following her child’s birth for reasons unrelated to the delivery.

Churay said the county already does not routinely use leg or waist restraints on pregnant women. But he said the bill could impact a common practice of using a leg tether to lock the women to their hospital bed during postpartum recovery. He said the tether is long enough to allow a woman to walk to the bathroom and around the room.

“They are in a situation where security is very, very limited,” Churay said of inmates in the hospital. “We’ve never had a complaint about the leg tether from hospital staff or from an inmate. We have to take all precautions, and we believe the tether is necessary.”

 

The Maricopa County Sheriff’s Office is facing a federal lawsuit over the shackling issue. Miriam Mendiola-Martinez filed a lawsuit in December alleging that county employees exhibited deliberate indifference to her medical needs and violated her constitutional rights against cruel and unusual punishment when she was shackled before and after her Caesarean section.