Use of Restraints Against Incarcerated Individuals During Labor: S2667-B Salazar / A1670-A Rosenthal

MEMORANDUM OF SUPPORT

S2667-B Salazar / A1670-A Rosenthal
Prohibits the use of restraints and force against incarcerated individuals during labor and after other pregnancy outcomes absent extraordinary circumstances and on pregnant persons during custodial interrogation

The above-referenced legislation would prohibit laboring women from being shackled as they give birth to their babies. The New York State Catholic Conference supports this bill.

The dangerous practice of shackling incarcerated women even while they are in labor was rightly outlawed in 2009. However, a loophole exists where the law’s broad language allows the practice at the discretion of law enforcement. This bill would close the loophole to ensure that women are not subjected to this treatment as they give birth.

Both the American College of Obstetricians and Gynecologists and American Medical Association recognize that no pregnant woman should be shackled during the labor, delivery, or recovery processes. Birthing mothers deserve safety and dignity during childbirth, no matter who they are. We must always support moms and babies to ensure the best possible outcome for their health and lives. Ensuring that no woman is giving birth under unnecessary stress is an important step toward that goal.

As we work to build a culture of life in New York, we are happy to see the legislature propose legislation that supports moms, no matter their circumstances. The State must care for our most vulnerable moms, and that includes those who are experiencing incarceration. We urge you to pass this bill, and for the Governor to sign it into law.