Montana legislator proposes bill to limit shackling of pregnant inmates during childbirth

March 21, 2025 | 2025 Legislature MT, Montana


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Montana legislator proposes bill to limit shackling of pregnant inmates during childbirth
In a recent meeting of the Montana Senate Judiciary Committee, lawmakers discussed a proposed bill aimed at prohibiting the shackling of pregnant inmates during labor and delivery. This legislation is significant as Montana is one of only nine states without existing laws regulating this practice, which has raised ethical concerns across the country.

The bill, inspired by personal experiences shared by a former public defender, seeks to establish a clear standard: pregnant inmates should not be restrained during childbirth, except in specific circumstances where there is a documented flight risk or a credible threat to safety. The proponent of the bill highlighted a troubling anecdote about a pregnant inmate who was shackled to a hospital bed during delivery, emphasizing the need for legislative action to prevent such occurrences.

The American Civil Liberties Union (ACLU) has also reported on this issue, noting that while the practice of shackling pregnant inmates is not widespread in Montana, it does happen occasionally. The bill aims to clarify that such actions are not acceptable unless certain exceptions are met, reinforcing the values of compassion and dignity in the treatment of incarcerated individuals.

Support for the bill appears strong, with both the Montana jail standards and local law enforcement associations expressing no opposition. This suggests a consensus on the importance of protecting the rights of pregnant inmates and ensuring humane treatment during a vulnerable time.

As discussions continue, the committee will hear from various stakeholders, including proponents and opponents of the bill. The outcome of this legislation could mark a significant step forward in aligning Montana's laws with the growing national movement to protect the rights of incarcerated women, reflecting broader societal values of respect and dignity.

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Scribe from Workplace AI
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