Legal Services for Prisoners with Children (LSPC) released its 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.”
In 2012, LSPC worked with Assembly Majority Leader Toni Atkins to enact legislation that prohibits the most dangerous forms of restraint from being used on any pregnant incarcerated woman (Penal Code §3407). This new law bans leg irons, waist chains, and handcuffs behind the back, and Governor Brown signed it September 28, 2012.
In March 2013, LSPC embarked on a project to determine whether all 58 California counties had written new policies on the shackling of pregnant prisoners to comply with the 2012 legislation. The report explains the new statute, describes LSPC’s efforts to obtain documentation from the counties, outlines our findings, and makes recommendations for additional legislation, regulation, and research.
The report verifies that 21 counties have policies in total compliance with the law. However, they are concerned that almost two-thirds of the counties in California, 34 of 58, still have written policies that do not fully comply with the law one year after it went into effect.