WASHINGTON — The Stop Shackling and Detaining Pregnant Women Act, introduced in the 119th Congress, would prohibit the use of restraints on pregnant and postpartum women in federal custody and establish a presumption of release for detained noncitizens found to be pregnant. But advocates say the legislation underscores a troubling reality: despite anti-shackling laws already on the books in 39 states and the District of Columbia, the practice remains widespread.
The federal bill, H.R. 4664, aims to codify protections that correctional health experts and medical organizations have called for over the past decade. The American Medical Association, the American College of Obstetricians and Gynecologists, and the American Public Health Association have all issued position statements opposing the shackling of pregnant inmates, citing risks including falls, placental abruption, and interference with emergency medical procedures during labor.
Pervasive Abuse Documented
A congressional inquiry led by Senator Jon Ossoff of Georgia uncovered what he described as “pervasive abuse of pregnant women in prison,” including forced cesarean sections, illegal shackling during labor and delivery, and punitive denials of postpartum care. Ossoff has separately introduced legislation that would require state facilities to report data on pregnant and postpartum prisoners to the U.S. Attorney General, with failure to report resulting in a 10 percent reduction in federal funding.
The findings echo years of reporting by advocacy organizations documenting the gap between state anti-shackling laws and actual practice. Many state laws lack enforcement mechanisms, leaving compliance largely to the discretion of individual facilities and officers. In some jurisdictions, correctional staff have continued to use restraints on pregnant women in direct violation of state law, with no consequences.
192,000 Women Behind Bars
An estimated 192,164 women are currently incarcerated in the United States, representing roughly 10 percent of the total incarcerated population. While that share has remained relatively stable, women’s incarceration rates have been growing faster than men’s in many states. South Dakota projects that its female prison population will grow by nearly 20 percent by the end of 2026.
The Prison Policy Initiative has documented that for the thousands of pregnant people entering jails each year, facilities often turn a blind eye at the moment of greatest need — labor and delivery — causing harm to both mothers and newborns.
Louisiana Jails Fail on Basic Protections
A review of Louisiana’s local jails found that none had sufficient written procedures encompassing all requirements in state law regarding female incarceration. Louisiana houses 87.2 percent of its incarcerated women in local jails rather than state prisons, making jail-level compliance with health and safety standards particularly critical — and the documented failures particularly alarming.
Beyond pregnancy-related issues, incarcerated women face a range of gender-specific challenges that the correctional system has been slow to address. Analysis of prison rules across all 50 states has revealed troubling patterns of punishment related to menstruation, with women receiving disciplinary sanctions for situations arising from a physiological process they cannot control.
South Carolina Considers Alternative Approach
South Carolina is considering legislation that would give judges discretion to place pregnant women convicted of non-violent offenses on pre-incarceration probation for the term of their pregnancy plus 12 weeks to a year after giving birth. The woman would be required to receive perinatal care as a condition of release.
The proposal represents a growing recognition among some lawmakers that for pregnant women, the harms of incarceration may outweigh any public safety benefit — particularly for non-violent offenses. But similar bills have stalled in other states, and the federal legislation faces uncertain prospects in the current Congress.
Advocates say the patchwork of state laws and the persistent gap between policy and practice make federal action essential.
For more coverage, visit Jail411 Policy & Reform.
