Group #13
The Effects of Shackling on Pregnant Women
in New York State
Maunykah Arcelin, Rachel Bale, Shoshana Herman, Lara Nodosy, Shari Satchell, Desiree Smith, Iris Yuen
Executive Summary
Shackling during pregnancy/labor has detrimental
health effects on mother and infant
Shackling could lead to unnecessary harm,
increased pain, falls, and emergency c-section
Most incarcerated pregnant women are non-violent
and pose low flight risk
People 2020 Goal: Improve the health and
well-being of women, infants, children, and families
Background
● 6% of all incarcerated women are pregnant, and 25%
are either pregnant or give birth less than a year
before their incarceration
● In 2009, New York became 6th state to pass
anti-shackling law
● In 2014, 21 states have anti-shackling laws but
pregnant women are still being shackled in violation
of the law
● 2015 New York revises its anti-shackling law to
include no restraints during pregnancy, labor or up to
8 weeks postpartum
Assessment
● The number of incarcerated women has increased
dramatically (nearly 700%) from 1980 to 2014
● Shackled pregnant women are more prone to falls,
which can cause harm to them and their unborn child
● During delivery, shackles can impede a woman from
changing positions to ease the delivery process and
relieve pain
● Shackles are only deemed necessary in the event of
a woman being a flight risk, or poses a threat to
herself or others
● The use of shackles should be monitored by an
external source and misuse should be reportable by
inmates as well as correctional officers
HIA Questions
1. What will the impact of shackling be on a pregnant
woman?
2. What will the impact of shackling be on a baby long
term if a mother is shackled during her labor and
delivery process?
3. What are the special circumstances that warrant the
woman to remain shackled during transport to the
hospital?
4. Should there be some form of oversight or
surveillance system in place to monitor shackling?
Stakekholders
e
● Incarcerated women and family members
● Correctional Officers
● New York City Department of Corrections
● Correctional Association of New York
● New York State Legislators
● New York State Governor
● Healthcare providers
● Julie Small - correctional officer at Metropolitan
Recommendations
● Increase compliance with Anti-Shackling Law
● Increase transparency and accountability within
prison system
● Keep women informed of their rights within
Anti-Shackling Law
● Educate healthcare professionals and correctional
staff on Anti-Shackling Law
● Increase surveillance and monitoring by outside
independent monitoring group
Health Impacts
Highly Likely Impact
● All women will be informed of their rights within the
Anti-Shackling Law; have accessible easy to read
pamphlets throughout the prison.
● Increase education and awareness to all prison staff,
and healthcare workers about the Anti-Shackling Law.
Hold those accountable who do not follow law.
Likely Impact
● Increase the transparency and accountability within
the prison system. Include the ability for women to
self-report treatment during the perinatal period.
Plausible, but not well-supported impacts
● There will not be any incidences of shackling or the
use of restraints during the perinatal period.
References
● Kraft-Stolar, T. (2015). Reproductive Injustice: The
State of Reproductive Health Care for Women in New
York State Prisons : a Report of the Women in Prison
Project of the Correctional Association of New York.
Correctional Association of New York.
● New York State (2016). Under Custody Report:
Profile of Under Custody Population. Retrieved from
http://www.doccs.ny.gov/Research/Reports/2016/Und
erCustody_Report_2016.pdf