Against agency policy, SC prison officials shackled woman giving birth, doctor says
As South Carolina lawmakers considered a bill Tuesday that would ban the shackling or restraining of pregnant inmates and detainees, a doctor who works with inmates serving time at a state-run prison in Columbia testified that he saw a pregnant inmate restrained while in labor as recently as Saturday.
Dr. James Cook, an OB/GYN for the state prison system and professor at the University of South Carolina’s school of medicine, mentioned the incident to a panel of senators Tuesday while testifying in favor of the bill.
“As a provider taking care of our patients, it is painful watching this process,” Cook said. “I’m under the belief that if we humanize birth … it will be better for the mother, it will be better for the baby, and in general, it will be better for the people of South Carolina.”
His testimony was backed up by medical student Rachel Hartman, who also testified in favor of the bill. Hartman said last year, while she was working with inmates housed at Camille Graham Correctional Institution as a medical student, she saw inmates give birth while restrained by the wrists and ankles She described the first birth she saw during that time, recalling that the inmate was restrained during much of the process.
“The birth was an incredible experience, and I should have been happy to be in that room,” Hartman said. “The indignity of her situation was not lost on me.”
Department of Corrections spokeswoman Chrysti Shain said the state prison system has a policy against restraining pregnant inmates, which was instituted in early 2019.
While staff at Camille Graham Correctional Institutional were aware of the policy, Shain said the change “was not communicated properly with the SCDC staff stationed at Prisma Health Richland Hospital.”
The inmate who gave birth Saturday left the Columbia prison without restraints, and her paperwork that went with her to the hospital indicated that she was not supposed to be restrained, Shain said. Still, when she arrived at the hospital, a state prison officer put the restraints on her.
After a new officer arrived for a shift change, the restraints were removed, Shain said.
“Orders for all officers have been made clear to reflect that no pregnant inmate, whether at the hospital, the institution or in transit, will be restrained in accordance with the proposed legislation,” Shain said.
Lawmakers did not question Corrections officials about the incident Saturday.
Department of Corrections Director Bryan Stirling said he and other department officials are in favor of the bill.
There are currently six pregnant inmates in state custody, Shain said.
Cook told lawmakers Tuesday that the bill — which would prohibit the use of leg, ankle and waist restraints on pregnant prisoners and detainees — would bring South Carolina in compliance with numerous national and international standards when it comes to shackling women who are in labor.
The bill also requires that pregnant women only be handcuffed in front of their bodies. Cook said this would allow pregnant women to brace themselves in case of a fall.
Preventing shackling could also help reduce other risk factors faced by pregnant women, such as deep vein thrombosis.
“What we have learned from seeing patients that have high risk for bad outcomes is that if we can support them, we can decrease the risk of bad outcomes,” Cook said.
The bill also extends protections to inmates who have just given birth, prohibiting shackling during the first skin-to-skin contact and nursing of the mother and the child unless there is reason to believe that she is a threat to herself or others.
The use of waist restraints before and after the birth also would be prohibited.
Thirteen states restricted the use of restraints on pregnant and postpartum women as of June 2019, according to data from the American College of Obstetrics and Gynecology. Twenty-one states allow medical personnel to request that the restraints are removed immediately. In all, 32 states have passed some legislation limiting the use of restraints in some way.
State Sen. Dick Harpootlian, D-Richland, expressed concern that the practice is still happening in the Palmetto State.
“I think this is a shock that we continue to still shackle pregnant women,” Harpootlian said.
State Sen. Mia McLeod, also a Richland Democrat, said she was in favor of the bill but wants to add an amendment that would prohibit body cavity searches of pregnant inmates and would ensure their dietary requirements were met. McLeod also wants to prohibit prison officials from placing pregnant or postpartum women in solitary confinement or restrictive housing unless they are a threat to themselves or others.
“It’s really hard to think about having to put this in statue and writing,” McLeod said. “These are just basic human rights.”
Lawmakers decided to discuss the possible amendment at a later date.
The senators voted to pass the bill — which has already cleared the state House of Representatives — on to the full committee, which will meet in a few weeks.
This story was originally published February 18, 2020 at 4:43 PM.
