Legislation aimed at protecting pregnant inmates during childbirth passes Indiana House

Corrections and clarifications: This article was updated Feb. 3 to properly attribute information provided by State Rep. Rita Fleming's office.

A bill purposed to protect pregnant inmates during childbirth is moving through the Indiana legislature.

The legislation would prevent unnecessary restraints on pregnant detainees who are in labor, delivering a baby, during the immediate post-delivery period or during a medical emergency.

The bill unanimously passed the House on Jan. 25 and was authored by State Rep. Rita Fleming, D-Jeffersonville, a former obstetrician.

Escape while in labor 'unreasonable'

"It's unreasonable to think a woman is going to try to escape or leave the hospital when she is in active labor and delivery,” Fleming said. “I really wasn't surprised it passed unanimously.”

The bill would also require correctional facilities to use the least restrictive restraints necessary on a pregnant inmate or detainee when they are in the second or third trimester of pregnancy.

Fleming, who represents an area of Indiana that borders Kentucky, worked at University of Louisville Hospital with inmates during childbirth and saw firsthand the difficulties of being in labor while restrained, she said.

“If I have a situation with fetal distress, I may need to reposition that woman,” Fleming said. “That's very difficult if her leg is chained to a bed.”

A woman, who was incarcerated with the Louisville Metro Department of Corrections, filed a lawsuit against the City of Louisville in 2018, which stated she gave birth in an ambulance while restrained.

Her baby died at the hospital about two hours later, according to the lawsuit. The city paid $5,000 to the woman to settle the federal lawsuit, according to a Louisville TV station. The medical provider for the facility, Correct Care Solutions, also was named a defendant in the lawsuit and settled with the woman. The amount paid by the medical provider is not public record, according to the TV station.

In 2018, legislation passed in Kentucky banned the restraint of pregnant inmates during labor, transport to a facility for delivery or during postpartum recovery, except when the woman is a safety risk to herself or others or there is an immediate risk of escape that cannot be otherwise minimized.

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Also in 2018, federal legislation was passed that banned the shackling of federal inmates during pregnancy, labor and postpartum recovery, except in special circumstances.

The federal legislation does not apply to people detained in state or local facilities. Legislators in South Carolina passed a law prohibiting the shackling of pregnant inmates in 2020, joining 42 other states with similar legislation, according to the Post and Courier in Charleston.

The legislation introduced by Fleming is the first of its kind in Indiana, she said.

The policy is supported by the American College of Obstetricians and Gynecologists, which has called for limits on the use of restraints on pregnant and postpartum individuals.

Women subjected to restraint during childbirth report severe mental distress, depression, anguish and trauma, according to a 2017 report from the American Psychological Association.

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Restraining pregnant detainees in transport during labor and delivery can obstruct necessary medical care and lead to extreme physical pain and complications by causing the inability to move freely, according to the report.

The report found no instances of escape by an unshackled detainee who was in labor.

Penalties stripped from bill

There are no penalties outlined in Fleming’s legislation for what would happen if a pregnant inmate was unnecessarily restrained, she said.

The penalties were removed from the legislation in committee over concerns that they would be too cumbersome on county jails, which are already underfunded and understaffed, Fleming said.

“This does not mean people will be able to evade the law,” Fleming said via email. “Recently, there has been more reporting on jail conditions and how inmates are treated, especially pregnant women. If there is an injury, it will come to light.”

In October IndyStar published a years-long investigation that brought to light widespread issues with Indiana's county jails and identified more than 300 deaths of people detained since 2010.

The legislation moves to the Senate next. Once the legislation has been assigned to a committee, Fleming said she plans to meet with the committee chair and ask that it get a hearing to continue moving forward.

Contact Jake Allen at jake.allen@indystar.com. Follow him on Twitter @Jake_Allen19.

This article originally appeared on Indianapolis Star: Indiana House passes legislation to protect pregnant inmates