Jefferson City, Mo. -- The ACLU of Missouri is pleased the Missouri Legislature passed a bill (SB 870) that outlaws shackling imprisoned, pregnant women in labor or anytime during their third trimester unless under extreme circumstances.
The bill only applies to facilities operated by the Missouri Department of Corrections and its contractors, but it is a meaningful step to prohibit the dangerous practice of shackling pregnant women in jails and detention facilities across the state.
"We’re glad that the Missouri Legislature has finally addressed this human rights issue for women in our state,” said Sen. Jamilah Nasheed, D – St. Louis, who has sponsored the senate version of this bill every year since 2016. “Women in the state’s care while pregnant will now be safer during one of the most vulnerable times in their lives.”
Shackling women during labor is medically dangerous because the restraints make it harder for doctors to provide timely and necessary care. In complicated procedures such as caesarian sections, a delay of even five minutes can cause permanent brain damage to the newborn baby. Women who are pregnant or in labor are very rarely a risk to themselves, correctional officers, or others.
“Missouri’s women will now be protected from this dangerous practice that has resulted in tragic results for both mothers and babies. Next year, we will continue our work and ensure that childbirth in chains is outlawed statewide,” said Rep. Jean Evans, R-Manchester, who sponsored the Missouri House version of the bill.
In the past four years, the ACLU of Missouri has represented two women who were shackled and restrained during labor. On behalf of its clients, the ACLU received favorable settlements and changes in jail policy in Jackson and Mississippi counties.
While Senate Bill 870 prohibits the Missouri Department of Corrections from shackling pregnant inmates in their third trimester, the practice is still not prohibited by state law in county and city jails, the state’s most blatant offenders in shackling pregnant inmates. The effort to end shackling across the state faces persistent opposition from groups such as the Missouri Sheriffs’ Association.
“Shackling a woman during labor is unsafe, unnecessary and unconstitutional,” said ACLU of Missouri Legislative and Policy Director Sara Baker. “We’re glad the Missouri Legislature prioritized protecting women in its care and urge Gov. Eric Greitens to sign this bill into law immediately.”