American Civil Liberties Union

We did it. After years of work from the ACLU of California and our allies, dangerous shackles and restraints can no longer be used on pregnant women in our state’s prisons and jails. Last week Governor Brown signed AB 2530, authored by Assemblymember Atkins, after it passed the legislature with overwhelming bipartisan support.

Why are the Feds spending $250 million in taxpayer dollars to build an unnecessary and counter-productive prison for women in rural Aliceville, Alabama? 

As the New York Times pointed out recently, most women in federal Bureau of Prisons (BOP) custody are incarcerated for non-violent offenses; over half of them have minor children. Many of these women do not need to be incarcerated in order to protect public safety. Locking them up hundreds of miles away from their families, children and communities is exactly the wrong step to take if we want them to re-enter society successfully. Decades of research demonstrates the success of policies that keep prisoners near their homes – and for women especially, concern for their children is most often cited as a prime motivator for successful rehabilitation. 

Doing the same thing over and over and expecting a different result is a popular definition of insanity. Those of us across the country trying repeatedly to pass bills that would prohibit the shackling of pregnant women in jails and prisons are hardly insane. Dedicated? Yes. Stubborn? Possibly. Unwilling to accept women suffering? Absolutely.

This year marks the third attempt to get a signature on a bipartisan, unanimously supported bill in California (AB 2530) that would ban the practice of putting incarcerated pregnant women in dangerous shackles. Similar bills have passed two previous legislative sessions with overwhelming support from both political parties, only to be vetoed. Opposition from the powerful law enforcement lobby surely played a role in these vetoes. But we have persevered, and this year we’ve been successful in keeping law enforcement neutral. While we’re happy with this progress, we still need the Governor to sign the bill.