Committee gives OK to prohibition of shackling pregnant prisoners in labor «

Posted: March 5, 2011 by scaryhouse in Uncategorized

By Dustin Hurst

McGeachin says her bill would protect the state from lawsuitsThe House Judiciary Committee voted unanimously Monday to approve a measure that would effectively prevent pregnant female prisoners from being shackled or restrained during the labor process.Idaho Falls Republican Rep. Janice McGeachin‘s bill would prevent jailors in Idaho from putting physical restraints on female prisoners during the labor process.  McGeachin said the measure is meant to protect the state and local governments from pricy lawsuits about the practice.  The Idaho Falls Republican cited a 2009 judgment handed down by justices in the United States Court of Appeals for the Eighth Circuit, who said that shackling a prisoner during childbirth is “cruel and unusual punishment,” which is prohibited by the Eight Amendment to the U.S. Constitution.She did not cite any cases of the practice in Idaho in recent history.The bill does not completely outlaw the practice, however.  McGeachin said that if prisoners in labor pose a danger to themselves or medical staff, jailors may still restrain them.

via Committee gives OK to prohibition of shackling pregnant prisoners in labor «

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