RI sued for details on handling pregnant inmates

By: By ERIC TUCKER Associated Press Writer | NBC 10
Published: February 01, 2010

PROVIDENCE -- Advocates for civil liberties and women's rights sued the Rhode Island corrections department on Monday, accusing prison officials of failing to release information about their use of restraints on pregnant prisoners.

The state branch of the American Civil Liberties Union filed a public records request in September seeking written policies and procedures on the use of handcuffs or restraints on inmates who are in labor, delivering a baby or recuperating after giving birth.

The request, which was denied for security reasons, was filed amid growing national concern over the treatment of pregnant prisoners and to allow advocates to review the policies and press for changes, said Steven Brown, executive director of the ACLU's state affiliate.

"I'm not aware of any women in labor trying to escape prison. That's where any security argument really falls apart," Brown said. "It's hard to imagine any need beyond the general role of correctional officers being with any women at the facility and watching her."

The lawsuit, filed in Providence Superior Court by the Rhode Island chapters of the ACLU and the National Organization for Women, seeks the release of the requested policy and a fine.

The information that was requested is part of the prison's broader policy on restraining inmates, which the department believes could jeopardize security if made public, said Corrections Director A.T. Wall.

But he said the department was willing to share the portion of the policy dealing exclusively with pregnant inmates, even though it doesn't believe it's legally required to do so.

"We are not willing to concede that any portion of that policy is something that we are obligated to disclose," he said. "We do not want to open the gates to our security procedures."

Generally, Wall said, all handcuffs are removed from pregnant inmates once they enter the labor and delivery room, though prisoners are typically restrained to the bed once back in recovery. Pregnant inmates in minimum-security facilities are not handcuffed under the department's policies.

Carolyn Mark, president of the Rhode Island NOW chapter, said she would need to see a copy of the written policy before deciding whether to press for legislation - as has been submitted elsewhere in the country - restricting the use of restraints on pregnant prisoners.

"In my view, whether we introduce legislation or not is really going to depend on what we find," Mark said.