Shackling Ends In CA!

cJWblog

alicia m. walters, consultant

Seven years ago, California became one of the first states to prohibit the shackling of incarcerated pregnant women during labor, delivery, and recovery after childbirth. That law, obvious as it was, was revolutionary in this country: it allowed pregnant women in jail or prison to receive prenatal vitamins, an additional portion of food, access to co-pay-free prenatal care, and ensured they would not be shackled unless absolutely necessary during labor. At that time, only a few states had outlawed this clear human rights violation and now, several years later less than twenty states have laws or policies against this practice.

Now, we can proudly say that California is again at the forefront of prohibiting shackling−this time throughout pregnancy−with the signing of AB 2530.

What makes this victory feel even more monumental is that it most certainly did not happen overnight. In 2009, four years after the original law was enacted, with less than one third of counties in compliance, a group of six legislative novices accepted into a fellowship program decided to pick up where others left off and introduce a bill that would protect women from being shackled throughout their pregnancies.

To us*, it seemed quite obvious. Pregnant women were the most vulnerable and the least threatening in the system and should rarely, if ever, be restrained. The majority of women are typically in jail for non-violent, non-serious offenses and pose no flight or security risk. Every legislator, reporter, and passerby agreed. In fact, the legislature unanimously supported the bill two years in a row, but each year law enforcement found a new reason to oppose. Lobbyists argued that they couldn’t create standards for how women were transported, that it was too expensive, and even argued that their practices were already aligned with the bill. We couldn’t help but think that at the end of the day, law enforcement simply did not want to be told what to do. The first two versions of the bill were a valiant effort in accommodating our opposition yet both resulted in vetoes that seemed to be the result of back room deals.

Despite the discouraging vetoes and the suspicion that the Sheriffs Association would continue to hold the Governor hostage because of his realignment strategy, it was clear that the bill was needed now more than ever and we came back for the charming third time.

With tens of thousands of women already passing through California’s jails each year and thousands more on their way as a result of realignment, we had to ensure that the pregnant 4-7% were not forgotten.

Taking care to address the governor’s veto message, we studied: looked at other states’ laws and the most common restraint devices on the market; talked to doctors and gathered more stories from current and formerly incarcerated women who have endured falls and injuries as a result of shackles; and interviewed sheriffs and deputies about their restraint practices. We delivered a bill to the legislature that perfectly addressed the governor’s concerns and crossed our fingers that law enforcement would find it workable.

At first, they didn’t. So, we listened and reasoned. We had some explaining to do about why we were calling for an all-out prohibition on certain types of restraints like Illinois and Washington. We highlighted women’s stories and cited ACOG’s recommendations which note that these shackles lead to falls which could result in stillbirth or miscarriage. Eventually, all opposition to the bill was removed. Without a single amendment save for the removal of a misprinted comma, AB 2530 sailed through the California legislature with unanimous bipartisan support, for a third year in a row.

In the final weeks of September, our stomachs were in knots. Two years of surprising and disappointing vetoes, we were worried about the eleventh hour back room deal that was completely out of our control. We sent nearly 6,000 letters to the Governor, we blogged and filled an aviary full of tweets. Was it enough?

YES!

It is with great pride that in the State of California, I can now say that the most dangerous forms of restraint can no longer be used on pregnant women, young and old, in prison, jail, or juvenile hall. I can proudly report that doctors will no longer have to argue with guards over the removal of restraints. And every pregnant woman and juvenile in this system is required to receive this information.

While we allow ourselves to celebrate an important victory for women across California, we are all too aware of how much more work must be done. From implementation of the law to tackling the cycle of incarceration, we know that this law is a small step toward a seemingly distant goal, but it feels big right now. I hope that Deanne, Pauline, Andrea, and the many other women past and present who have endured the fear of losing their babies to a dangerous fall are safer and get some relief. Mostly, I hope they can go home healthy and safe to their families. I hope that they and millions of others find their way out of the system and into a community that nurtures and provides opportunities for contribution.

We keep working toward that goal. In this moment, we can hold our heads just a little higher knowing we once again have a revolutionary law, centuries past due. Better late than never.

*This incredible victory is the result of the steadfast work of the following individuals and organizations:

Legislative Staff

Assembly member Nancy Skinner (author, AB 1900, AB 568)

Assembly member Toni Atkins (author, AB 2530)

Sandra Trevino - former staff Asm. Nancy Skinner

Bridget Kolakosky - Asm. Toni Atkins

WPI Fellows 2009-2010, AB 1900

LeaJay Harper (WPI Fellow 2009-10, AB 1900)

Sister Terry Dodge - Crossroads, Inc. (WPI fellow 2009-10, AB 1900)

Marci Fukuroda - Rainbow Services (WPI fellow 2009-10, AB 1900)

Aaliyah Muhammad - All of Us or None (WPI fellow 2009-10, AB 1900)

WPI Fellows 2010-11, AB 568