Women giving birth don’t need to be tied to the bed, yet many formerly incarcerated inmates say they had been subjected to this practice while in custody of the Oklahoma Department of Corrections.
It’s not only an indignity, but also an inhumane and potentially dangerous situation to the mother and child.
House Bill 3393, wisely approved by the governor last week, states that no restraints are to be used on an inmate during labor and delivery. This includes during transport or while recovering, though it gives an exemption if officials believe she is a “substantial flight risk and cannot be reasonably contained by other means.”
It was passed by the Oklahoma Senate 44-0 and by 75-14 in the House.
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DOC officials state its policy is not to restrain inmates in labor and denies it occurs.
However, multiple inmates have publicly said this was done to them and hospital staff provided verification to state Rep. Regina Goodwin, D-Tulsa. Goodwin and Sen. A.J. Griffin, R-Guthrie, sponsored the legislation.
Oklahoma has been No. 1 in the rate of female incarceration for an embarrassingly long time — since at least 1991. The rate is twice the national average.
Each year, dozens of female inmates give birth while in prison, which presents a host of issues including where to place newborns and providing inmates appropriate post-delivery services for medical needs such as postpartum depression.
Women opting to keep their babies must arrange for a temporary placement until release, losing out on maternal bonding experiences. Children may be at risk, depending on where they are placed.
In continuing to seek criminal justice reform, Oklahoma must confront whether incarceration is the best option for pregnant inmates.
The majority are in prison for nonviolent or drug-related offenses. More appropriate routes for those defendants would be in community courts and mental health programs for intervention and family restoration.
But, as long as pregnant women continue to be housed in Oklahoma’s prisons, then policies and practices need to better reflect their care.
Banning the archaic practice of shackling women in labor is a start, but more must be done.






