The thought of anyone’s wife, daughter, or loved one giving birth alone, shackled, in an unsanitary jail cell is unfathomable. Unfortunately, this is the reality for many incarcerated women. Take for example Shaye Bear, who gave birth to her one-pound, two-ounce son Cashh in isolation at Ellis County Jail in Waxahachie, Texas. Tragically, just nine days after his birth, Cashh died in Cook Children’s Hospital.
We have introduced legislation on the federal and state level to improve care for pregnant women and babies and prevent future tragedies. Women are the fastest growing population in our prisons, yet the system was designed with men in mind. We need to take into account the needs of these women, ensuring the health and wellbeing of pregnant incarcerated women like Shaye Bear, as well as those of babies like Cashh.
On the federal level, the Protecting the Health and Wellness of Babies and Pregnant Women in Custody Act (H.R. 7718) would provide a standard of care to address pregnancy and childbirth-related needs of incarcerated women, as well as the health and well-being of their unborn children. The bill would also limit the use of restraints and restrictive housing for pregnant and postpartum prisoners in federal corrections facilities.
In the Commonwealth of Pennsylvania, HB 2875 would update the state’s current restraint laws, limit restrictive housing for pregnant women, and ensure training for correctional staff who manage pregnant inmates. We are proud to personally support such legislation that fights for the dignity of our most vulnerable citizens.
The Trump Administration’s First Step Act has brought national attention to this issue. Other organizations, such as the American Conservative Union, have followed their lead by fighting relentlessly throughout 20 states to provide more ‘dignity’ to these women. Unfortunately, 23 states still do not prohibit shackling a woman while pregnant, which carries the risk of injury to both her and the unborn child from restriction on circulation and fetal movement, as well as interference with medical evaluations and care.
A ‘Pregnancy Outcomes in US Prisons’ study from 2016-2017 found that 1,396 pregnant women were admitted to prisons during the fiscal year, meaning over a thousand babies were at increased risk while their mothers were incarcerated. Our federal and state pro-life reforms will protect the health of those women and their children, providing the best chance for a successful reentry into society for these mothers and a healthy childhood for these babies.
As two elected officials serving the Commonwealth of Pennsylvania, we believe all life is sacred, and every person has dignity, value, and a right to life. We are proud to defend the dignity of incarcerated women and their children by introducing this critical legislation to protect the sanctity of life in the state of Pennsylvania and throughout the nation.
Guy Reschenthaler represents Pennsylvania’s 14th District in the United States House.
Mike Jones represents Pennsylvania’s 93rd District in the Pennsylvania State House.