We call on you to join the movement to fight for the human rights of pregnant incarcerated individuals! Sign the petition in support of HB900 and learn more below. 

The State legislature should pass and the Governor should sign the Dignity for Incarcerated Women Act (HB900). It would improve conditions for pregnant incarcerated individuals by instituting time for incarcerated mothers and new-born children to bond, prohibiting solitary confinement of pregnant women, providing feminine hygiene products, and other important measures. As the bill makes its way through the legislative process, your signature on this petition sends a powerful message of solidarity and support. Having passed the House with unanimous approval, it now stands before the Senate Judiciary Committee, where it must be voted on and approved to receive a full-Senate vote. By signing, you urge the State legislature and the Governor to recognize the urgency of this moment and to act swiftly in enacting HB900 into law. This is more than a petition—it's a collective call to uphold human dignity and ensure that basic rights and needs of incarcerated mothers and their newborn children are codified in the law.

About HB900

HB900, the Dignity for Incarcerated Women Act, would reform the treatment of pregnant women in prison. It is a response to documented cases of inhumane and degrading treatment of pregnant inmates, as highlighted in the Act 45 Report of 2020-2021. The report reveals alarming practices within Pennsylvania’s correctional system, where pregnant women are subjected to restraints like handcuffs, ankle shackles, and even restraint chairs. These practices are not only physically restraining but also symbolically representative of a system that disregards the basic dignity and health needs of pregnant inmates.

The proposed bill, applying at state and county levels with oversight from children and youth services and allowances for special circumstances, includes several key provisions:

Banning the shackling of pregnant inmates.
Prohibiting solitary confinement for pregnant inmates.
Mandating training for corrections officers on trauma-informed care for pregnant and postpartum women.
Allowing up to three days of post-birth bonding between mothers and their newborns.
Ensuring sufficient visitation between minor children and their sole legal guardian inmates, regardless of gender.
Banning full body searches of female inmates by male guards.
Guaranteeing access to necessary feminine hygiene products at no cost.
Covering transportation costs to a safe location upon release, within limits.

The significance of HB900 lies in its commitment to the humane treatment of pregnant women in correctional facilities. It aims to rectify the systemic issues that have led to the maltreatment of these women, by setting forth clear guidelines and restrictions on the use of restraints. The Act recognizes the physical and psychological vulnerabilities of pregnancy and childbirth, advocating for a more compassionate approach that aligns with basic human rights standards. Through this legislation, the state of Pennsylvania has the opportunity to lead by example, demonstrating its commitment to the dignity and well-being of those in its care.

Needs of Pregnant People 

Childbirth is often daunting, even under the most preferable of circumstances. For pregnant individuals, childbirth is exponentially more challenging due to their lack of control over their pregnancy and the birthing process. High levels of stress in the perinatal period increase the likelihood of maternal depression, preterm delivery, and low birth weights (Friedman, Kaempf, and Kauffman, 2020).

In order to have a healthy pregnancy, pregnant individuals require a range of nutritional foods such as fruits, vegetables, whole grains, and proteins. The recommended dietary allowance for protein during the first trimester of pregnancy is about 46 g/day, and 71 g/day for the second and third trimesters (National Library of Medicine, 2021). Protein is an integral part of a pregnant woman’s diet as it aids growth of fetal tissue. Pregnant individuals should also drink predominantly water and limit all sugary and caffeinated beverages. They should aim to have about 6-8 cups of water daily. In the second trimester of pregnancy, pregnant individuals require about 340 extra calories daily. In the third trimester, pregnant individuals require an extra 450 calories per day. These individuals should gain an appropriate amount of weight to aid in the healthy growth of their baby (U.S. Department of Health, 2021). 

Pregnant individuals should take prenatal supplements every day. At the very least, prenatal vitamins should include sufficient amounts of folic acid, iron, iodine, and choline (U.S. Department of Health). 

Moderate exercise during pregnancy is also integral to lower one's risk for various pregnancy complications such as preterm birth, maternal obesity, emergency cesarean delivery and preeclampsia. Exercise during pregnancy also aids in postpartum recovery. Ideal exercises during pregnancy include walking, elliptical exercises, pilates, and yoga (University of Alabama, 2021). 

Unsuitable Conditions for Pregnant People in Carceral Facilities

Under federal law, incarcerated pregnant people have the right to receive care for medical issues (Friedman, Kaempf, and Kauffman, 2020), and the Eighth Amendment mandates that all correctional facilities provide prenatal care (Prison Policy Initiative, 2019). Additionally, according to the American College of Obstetrics and Gynecology (ACOG), pregnant incarcerated people should have access to “pregnancy testing; access to pregnancy counseling and abortion services; assessment and treatment for substance abuse, HIV, and depression; appropriate vitamins and diet; delivery in a licensed hospital with facilities for high-risk pregnancies; and postpartum contraception” (Friedman, Kaempf, and Kauffman, 2020). 

Yet, few policies exist to protect pregnant women, and those that do exist are often not enforced. Moreover, there has been limited data collection on the number of as well as experiences of pregnant incarcerated individuals (The Philadelphia Tribune, 2019). 

Carceral institutions often fail to provide adequate perinatal and prenatal care. This includes lack of access to obstetrics, delays in emergency services, and complications with transportation to medical appointments (Friedman, Kaempf, and Kauffman, 2020). By contrast to the nutritional and health guidelines for pregnant individuals, correctional facilities often fail to ensure such standards are met for incarcerated pregnant individuals. Protein options are often heavily processed and high in sodium. There is almost no access to fresh fruits and vegetables, unprocessed fish and meat, or whole grains. Correctional facilities control the timing of almost all meals within the prison. This impacts a pregnant individual’s diet greatly as they are unable to time their meals to their needs. If an incarcerated pregnant person misses a meal due to nausea or acid reflux, they are not able to eat until the next scheduled meal time (Forestell and Dallaire, 2018). The American Public Health Association reports that an unhealthy diet can increase the chances of preterm births and developmental issues (Prison Policy Initiative, 2019). 

Additionally, carceral institutions regularly shackle pregnant women, despite the fact that there are no reports of attempts to escape during childbirth (Womens Law Project). Shackling can increase discomfort, hinder mobility, increase risk of falling, delay medical care during emergencies, heighten blood clot risk, worsen the experience of labor and delivery, and harm mother-infant bonding (Friedman, Kaempf, and Kauffman, 2020). It can also make it harder to test for medical conditions and it can delay transportation of incarcerated people (Womens Law Project). According to Pennsylvania’s Healthy Birth for Incarcerated Women Act (Title 61), pregnant patients cannot be shackled if they are experiencing a pregnancy-related emergency, being transported to a medical facility in their second or third trimester, in labor or giving birth, or if the patient is hospitalized after childbirth. However, these rules do not go far enough to limit the use of shackling. 

Incarcerated pregnant individuals have historically been marginalized and have risk factors that increase their likelihood of a high-risk pregnancy, compared to non-incarcerated populations. Black women, who are incarcerated at nearly twice the rate of white women (ACOG, 2021), are more than three times more likely to die from a pregnancy-related cause than their white counterparts (Centers for Disease Control, 2023). Also, incarcerated populations are more likely to experience poverty and limited access to healthcare; as a result, they are more likely to enter carceral institutions with illnesses, substance disorders, and reproductive health needs (ACOG, 2021). These pre-conditions increase the likelihood of higher-risk pregnancies (Thomas, S. Y., & Lanterman, J. L., 2019). 

Due to more risk factors and lack of proper care in carceral facilities, pregnancy complications that threaten the life of the mother and child are common (Thomas, S. Y., & Lanterman, J. L., 2019). More than one in five pregnancies in prisons result in miscarriages, and preterm birth rates in prisons are higher than the national average (Prison Policy Initiative, 2019). 

Incarcerated Women (Inside This Place, Not Of It) 

In the book “Inside This Place, Not Of It,” Ayelet Waldman and Robin Levi detail the stories of marginalized individuals in the carceral system, like Olivia Hamilton and Taisie Baldwin. Olivia Hamilton's experience as a pregnant woman in prison starkly highlights the cruel realities of the penal system. Olivia was serving a six month prison sentence for embezzling money to pay her bills. Her ordeal began in a holding cell, where she was inhumanely shackled around her belly and wrists at six months pregnant, causing unbearable discomfort. The tightness of these restraints forced Olivia to remain standing for long hours, her pleas for relief initially ignored. In this vulnerable state, she was subjected to harsh treatment by the guards, who showed little regard for her wellbeing. Olivia was not given a cup for water and was forced to drink from a small sink above a toilet in the cell and was only given one sandwich during her entire holding period. This put her health as well as the health of her child at risk. Her visibly advanced pregnancy was dismissed by the staff, who callously denied her a lower bunk until a medical confirmation, further endangering her and her child as she was not able to safely climb to the top bunk. She did not see any medical professionals until a month into her sentence, so she did not receive any prenatals or vitamins which are crucial at the 6-7 month point in a pregnancy. The degradation continued in a Pennsylvania prison, where Olivia, heavily pregnant, was shuttled in a cramped van, enduring verbal abuse from guards who belittled her motherhood. Her due date was set for the Tuesday after Memorial Day weekend and a doctor came to assess her on the Thursday before the weekend. The doctor said that she was not dilated at all and would make it through the weekend just fine. The next day, guards forced her to pack her things and the sergeant told her that she was going to be induced because they didn’t want to risk her going into labor during the holiday weekend. She was given Picotin, a labor inducing drug, but nothing was working. The doctor even tried to manually burst the sac of amniotic fluid in her uterus, which was an excruciating experience for Lydia. She was told that she would need to have a c-section if she didn’t start progressing by the next morning.  Ultimately, she was forced to have a c-section while being shackled to the hospital bed and in extreme discomfort. She received staples after her c-section and was forced to stay alone in the infirmary through the weekend (without her daughter) with no TV and none of her personal belongings. The emotional toll of being shackled and mistreated during her pregnancy, undergoing a forced C-section, and then being left isolated in the infirmary, encapsulates the systemic indifference to the dignity of pregnant inmates (Levi & Waldman, 2017, p. 25-37).

Taisie Baldwin's story further exposes the harshness faced by pregnant women in prison. Unaware of her pregnancy upon her imprisonment, Taisie's high-risk status, due to her diabetes, necessitated frequent outside hospital visits, during which she was demeaned and restrained with belly chains and handcuffs. Each trip was punctuated by invasive strip searches, becoming increasingly challenging as her pregnancy advanced. She was unable to balance and would often fall down, taking around three minutes to get up each time while the guards just stared at her and did nothing to help. She also explained how she was offered no additional food or supplements during her time in prison and how she worried for the health and safety of herself and her baby. Ultimately, after a 72-hour labor period, she gave birth to her daughter and was only allowed 24 hours with her. This insufficient time to forge a maternal bond, vital for both mother and child, was heartbreakingly brief. The guards' insensitivity during this critical time, denying her the opportunity to adequately breastfeed and bond with her baby, underscores the emotional brutality inflicted upon incarcerated mothers (Levi & Waldman, 2017, p. 163-174).

These harrowing experiences of Olivia Hamilton and Taisie Baldwin, laden with inhumanity and emotional trauma, are not isolated incidents but represent a systemic issue impacting countless pregnant women in our prison system. Their stories are just two among thousands, each echoing the urgent call for reform and the enactment of HB900, the Dignity for Incarcerated Women Act. This legislation is not just a legal imperative; it's a moral obligation to safeguard the dignity, health, and fundamental human rights of pregnant inmates, ensuring that their treatment reflects our values of compassion and justice.

Concluding Remarks

The passage of HB900, the Dignity for Incarcerated Women Act, is a moral imperative that reflects the values of justice, compassion, and human dignity that we aspire to uphold in our society. It is shameful that its fundamental components, from banning the shackling of pregnant inmates to ensuring essential postpartum care, are not already codified into law. By supporting and enacting this legislation, we have the opportunity to set a new standard for the humane treatment of incarcerated women. Sign this petition to urge the Pennsylvania Senate Judiciary Committee and the Governor to pass HB900, ensuring the humane treatment and dignity of pregnant incarcerated individuals and their newborn children becomes state law. It is a critical step to create a more equitable and just system that recognizes the unique needs of pregnant women and the fundamental rights of all individuals in our care.

By supporting HB900, we are not only advocating for a change in policy but also for a shift in perspective – recognizing the humanity of incarcerated women, especially during the vulnerable period of pregnancy and childbirth. This Act stands as a testament to our collective belief in a justice system that upholds dignity and compassion, even in the most challenging circumstances.

Email Your State Senator - Support the Dignity for Incarcerated Women Act

See a sample script below!

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Dear [State Senator],

My name is [your name], and I live in [neighborhood] in your district. 

I urge you to advocate for the State legislature to pass the Dignity for Incarcerated Women Act (HB900). It would improve conditions for pregnant incarcerated individuals by instituting time for incarcerated mothers and new-born children to bond, prohibiting solitary confinement of pregnant women, providing feminine hygiene products, and other important measures. I, along with many other Pennsylvanians, have signed this petition in support of the Act. to uphold human dignity and ensure that basic rights and needs of incarcerated mothers and their newborn children are codified in the law.

Best,

[your name]