Report details counties' written policies implementing 2012 anti-shackling law that bans leg irons, waist chains, and handcuffs behind the back.
Legal Services for Prisoners with Children (LSPC)
April 1, 2014
Since 2006 Legal Services for Prisoners with Children (LSPC) has worked to stop the use of dangerous forms of restraint. This effort culminated in the passage of anti-shackling legislation in 2012 that created Penal Code §3407. The new law bans leg irons, waist chains, and handcuffs behind the back, and authorizes medical professionals to order all shackles removed for pregnant women’s health.
As a follow-up to this law, LSPC released their report, “No More Shackles: A report on the written policies of California’s counties under the new law that limits the use of restraints on pregnant prisoners.” The report explains the new statute, describes LSPC’s efforts to obtain documentation from the counties, outlines their findings, and makes recommendations for additional legislation, regulation, and research.
The report also details whether all 58 California counties now have written new policies that comply with the 2012 legislation. LSPC can verify that 28 of 58 counties (over a third) are in total compliance with PC §3407 one year after it went into effect..
However, LSPC is primarily concerned that 30 of 58 counties still do not have written policies that fully comply with the law. In some counties, pregnant women may still be shackled. Some counties still do not affirm medical professionals’ authority to have restraints removed from pregnant prisoners at any time. More worrying still is that 24 counties do not have a written policy obligating county jail officials to inform pregnant prisoners of their rights provided by PC §3407.
In order make legal services attorneys and advocates more informed on this topic, the report’s final appendix is a flyer that can be distributed to people whose friends and family may be incarcerated while pregnant.
Please feel free to contact LSPC Policy Director Jesse Stout at firstname.lastname@example.org with any feedback, questions, or ideas on how to further promote this information.Tags: Children, Prisoners Rights