State Rep. Betty Reed, D-Tampa (Pic by Meredith Geddings, via myfloridahouse.gov) Advocates for legislation that would create humane rules for the shackling of incarcerated pregnant women say the law would fill a present gap in jail policies in Florida, despite claims by the Florida Department of Corrections that the measure is unnecessary
“„The Florida Department of Corrections does not shackle female inmates in any stage of labor. Florida refers each pregnant inmate to an OB/GYN physician to provide prenatal care and follow them through their pregnancy. Inmates receive prenatal counseling, vitamins and exams. They also receive an extra nutritional meal each day. Any time a woman is pregnant and sent to prison it is a tragedy for mother and child. Florida does not have prison nurseries, so mothers must make a decision about where to place their child well prior to birth. Most place children with family members. At all stages of her incarceration medical personnel are consulted. A pregnant women who is being transported may be restrained, depending on her custody level and behavior. She may be restrained if she is considered a security risk by the Officer in Charge. However, if the inmate is already in labor during transport, she will not be restrained. In the hospital after delivery is complete, inmates are tethered to their recovery beds by one ankle.(This is provide security for the hospital and to prevent escapes). Additionally, there is a correctional officer in the room with them at all times, to be sure they have access to the bathroom or any other needs they may have. Infants do not return to prison with their mothers. Most pregnant inmates reside at Lowell CI, there are 20 to 25 there on average. Late term pregnant inmates (over 35 weeks) are housed at Broward CI.
“„In the Collier County Jail in Florida, Joan S. repeatedly sought medical attention because she was near her due date and leaking amniotic fluid; this went on for almost two weeks. By the time she got an ultrasound, the doctor informed her that all of her amniotic fluid was gone and her fetus’s skull had collapsed. Jail officials then delayed taking her to the hospital, putting her at risk for septic shock the longer the dead fetus remained inside her. As if this were not bad enough, the jail delayed giving her a shot she needed because she has RH-negative blood, which could cause complications if she becomes pregnant in the future. She is only 22.
“„[Michelle] Brané, of the Women’s Refugee Commission, claims that although ICE policy includes language about the treatment of pregnant women, it’s not “proscriptive” or “legally binding.”
“„“They say, our policy is that we don’t shackle women, but they don’t say ‘Don’t shackle women,’ and they don’t hold anyone to it,” Brané said.
“„…”One of the shortfalls of ICE is that they won’t push local authorities enough — they’re very happy to wash their hands of things, and say, ‘That happened under local authority, not our authority.’” Brané said. “If you know someone is interpreting your request in a way that is illegal — just like with racial profiling — I think you have a responsibility to clear those ambiguities up.”
“„Aggie Hoffman, an immigration attorney in Los Angeles, believes that abuses of pregnant women seem to occur when “local law enforcement agencies act either out of ignorance of immigration proceedings or because they were not properly trained.” She also believes ICE must work harder to hold local law enforcement accountable for such abuses.
“„Christensen, the ICE spokeswoman, said in a statement that “it is against ICE policy to use restraints in medical situations, absent extraordinary circumstances.” Furthermore, she says that “guidance issued to the field in ICE Director John Morton’s June 2010 Civil Enforcement Priorities memodirects agency personnel not to detain pregnant or nursing women, unless they are required by law to be detained because of the severity of their criminal history or other extraordinary circumstances.”