A	
  report	
  on	
  the	
  written	
  policies	
  of	
  California’s	
  counties	
  	
  
under	
  the	
  new	
  law	
  that	
  limits	
  the	
  use	
  of	
  restraints	
  	
  
on	
  pregnant	
  prisoners	
  

Prepared	
  by	
  
JESSE	
  STOUT	
  
Policy	
  Director	
  
GEORGIA	
  VALENTINE	
  
Intern	
  
	
  
February	
  2014	
  

Table of Contents
Introduction ............................................................................................................... 1	
  
California Penal Code §3407 .................................................................................... 1	
  
Methodology ............................................................................................................. 2	
  
Compliance Findings ................................................................................................ 3	
  
Other Findings .......................................................................................................... 5	
  
Reliance on Outdated Lexipol Material ................................................................ 5	
  
Reference to Repealed Section 5007.7 ................................................................. 5	
  
Electronic Control Devices ................................................................................... 5	
  
Language Translations .......................................................................................... 6	
  
Transportation vs. Custody Procedure .................................................................. 6	
  
Recommendations ..................................................................................................... 6	
  
Informing Medical Facilities................................................................................. 7	
  
Researching Juvenile Policies ............................................................................... 7	
  
Prohibiting Restraint/Safety Chairs ...................................................................... 7	
  
Conclusion ................................................................................................................ 8	
  
APPENDIX 1: Text of California Penal Code §3407 .............................................. 9	
  
APPENDIX 2: Overview of the compliance of California’s 58 counties .............. 10	
  
APPENDIX 3: Example of a well-written policy ................................................... 11	
  
APPENDIX 4: Examples of exceptional notifications ........................................... 12	
  
APPENDIX 5: Examples of exceptional advisements ........................................... 14	
  
APPENDIX 6: Model Policy .................................................................................. 16	
  
APPENDIX 7: Model Advisement ......................................................................... 17	
  
APPENDIX 8: Model Posting ................................................................................ 18	
  
APPENDIX 9: How to Help ................................................................................... 19	
  
Acknowledgements ................................................................................................. 20	
  

Introduction
Legal Services for Prisoners with Children (LSPC) believes in the human
dignity of people in prison and advocates for the rights of pregnant prisoners in
California. Pregnant women in correctional facilities are more likely to experience
miscarriage, preeclampsia, preterm birth, and low birth-weight than pregnant
women who are not incarcerated. Restraints that interfere with the ability of a
pregnant woman to maneuver increase the likelihood of these and other
complications. In 2012, LSPC worked with author Assemblymember Toni Atkins
and supporters Nancy Skinner and Holly Mitchell to enact legislation that prohibits
the most dangerous forms of restraint from being used on any incarcerated woman
known to be pregnant (PC §3407). LSPC has been working to enact and enforce
bans on shackling pregnant prisoners since 2005.1
In March 2013, LSPC embarked on a project to determine whether all 58
California counties had written new policies on the shackling of pregnant prisoners
to comply with the 2012 legislation.
This report explains the new statute, describes our efforts to obtain
documentation from the counties, outlines our findings, and makes
recommendations for additional legislation, regulation, and research. Our findings
address each county’s policy as it is written; we are not able to report on the
counties’ practices.

California Penal Code §3407
Enacted in 2012, California Penal Code §3407 specifically bans the most
dangerous type of restraints (leg irons, waist chains, and handcuffs behind the
body) for pregnant prisoners under any circumstances (PC §3407(a)). The law also
limits the circumstances for restraining a pregnant prisoner in labor, during
1

In 2005, LSPC worked with Assemblymember Sally Lieber to enact legislation that prohibited
the shackling of pregnant prisoners in labor, during childbirth and during recovery from
childbirth (California Penal Code §§5007.7 and 6030(f)). In 2010, after reviewing the policies
from each of the 58 counties in California, LSPC published Stop Shackling: A Report on the
Written Policies of California’s Counties on the Use of Restraints on Pregnant Prisoners in
Labor. The study reported that 17 counties included the anti-shackling law in their policies, but
13 counties had no written policy on shackling pregnant women in labor, 16 counties’ written
policies did not comply with specific terms of the law, and 12 counties did not respond at all to
our Public Records Act request.

1

delivery, or in recovery after delivery by stating that she shall not be restrained by
the wrists, ankles, or both, unless deemed necessary for the safety and security of
the prisoner, the staff, or the public (§3407(b)). PC §3407 also grants medical
professionals the authority to direct that restraints be removed from pregnant
prisoners at any time (§3407(c)). Furthermore, the law mandates that each county
advise pregnant prisoners of these rights (§3407(e)). The text of PC §3407 is
attached to this report in Appendix 1.

Methodology
In March 2013, LSPC mailed letters with Public Records Act (PRA)
requests to all 58 county sheriffs,2 requesting that they review and update their
policies to reflect the changes outlined above, and that they send us a copy of their
revised policies when they have done so. We provided the counties with the text of
PC §3407. In July, after receiving policies from less than half of the counties, we
began phoning the Sheriff’s Departments of the remaining counties to again
request that they send their policies.
While waiting for those counties to respond, we created a compliance
grading system and drafted model policies based on the policies we had received.
The grading system is based on whether a county’s policies included the following
four components:
(1) specification that a prisoner known to be pregnant or in recovery after
delivery shall never be restrained by the use of leg irons, waist chains,
or handcuffs from behind the body (§3407(a));
(2) statement that a pregnant prisoner in labor, during delivery, or in
recovery after delivery, shall not be restrained by the wrists, ankles,
or both, unless deemed necessary for the safety and security of the
prisoner, the staff, or the public (§3407(b));
(3) reference to medical professionals’ authority to require the removal of
all restraints from pregnant prisoners §3407(c));
(4) requirement that pregnant prisoners be advised, orally or in writing,
of these standards and policies governing pregnant prisoners (§3407(e)).

2

There are no jail facilities in Alpine County. Jail services are primarily contracted to El Dorado
County. Therefore, for the purpose of this report, we evaluated Alpine County’s policies as the
same as El Dorado County’s.

2

Regarding the law’s advisement requirement, some counties give individual
written advisements and/or post notices at each facility that houses female
prisoners in at least one conspicuous location accessible to female prisoners. Based
on PC §3407 and the advisements and postings from these counties, we developed
a “Model Policy,” “Model Advisement,” and “Model Posting” in compliance with
PC §3407, which are attached to this report in Appendix 6, 7, and 8 respectively.
By December 16, 2013, we had received policies from 55 counties. Later in
December, after evaluating each county’s policies, we mailed individualized letters
to each non-compliant county and enclosed our “Model” documents. We asked
that the counties review and update their policies to reflect the changes outlined in
our letters as soon as possible, and to send us a copy of their revised policies,
written advisement, and conspicuous notice when they have done so.
The following findings are based on materials we have received as of
February 7, 2014, and we will continue to follow up with the counties.

Compliance Findings
We reviewed the written policies we received from the 55 counties as of
February 7, 2014 in response to our PRA and in response to our suggested
revisions. Based on the most recently provided written polices, we found:
•
•
•
•

21 counties have polices that are in compliance;
32 counties are in partial compliance;3
2 counties are entirely non-compliant;4
3 counties never sent their policies.5

The 21 counties that are in compliance are Alameda, Alpine, Butte, El
Dorado, Fresno, Humboldt, Kern, Los Angeles, Marin, Mariposa, Napa, Nevada,
Placer, Riverside, San Benito, San Bernardino, San Diego, Shasta, Stanislaus,
Tuolumne, and Yolo counties. Examples of exceptional policies, notifications, and
advisements are attached to this report in Appendices 3 (Yolo), 4 (Alameda and
Humboldt), and 5 (Fresno and Tuolumne) respectively.

3

8 of these counties are in the process of revising their policies.
Inyo and Yuba counties.
5
Del Norte, Madera, and Sacramento.
4

3

We commend the counties that provided two forms of written notification of
rights.
Of the 32 counties that were in partial compliance:
• 16 counties have three components of PC §3407;
• 7 counties have two components;
• 9 counties have only one component.
Of the 32 counties that were in partial compliance:
• 24 counties do not refer to notification of rights;
• 17 counties do not ban all three restraints;
• 12 counties do not grant medical professionals authority to have
restraints removed;
• 2 counties do not state that restraints will not be used unless there is a
safety issue.
We took a special look at the counties with the five largest jail populations:
•
•
•
•
•

Los Angeles: 18,257 total prisoners (2,463 women);
Orange: 6,818 total prisoners (929 women);
San Bernardino: 5,945 total prisoners (714 women);
San Diego: 5,457 total prisoners (823 women);
Sacramento: 4,154 total prisoners (467 women).6

Sacramento County, with the fifth largest jail population never sent us its
policies. Therefore, we cannot determine whether its policies comply.
To their credit, Los Angeles, San Bernardino, and San Diego Counties are in
total compliance with PC §3407. Orange County lacks one component (notifying
pregnant inmates of their rights) but is still in the process of reviewing our
suggested revisions.
Appendix 2, attached to this report, is a spreadsheet which lists each county
alphabetically and indicates which of the components each county’s most current
policy includes.

6

“Jail Profile Survey” (2013), Board of State and Community Corrections,
http://www.bscc.ca.gov/download.php?f=/2013_2nd_Qtr_JPS_full_report.pdf.

4

Other Findings
Reliance	
  on	
  Outdated	
  Lexipol	
  Material	
  
During our review, we found that nine counties7 directly copied their antishackling policies from the “Custody Policy Manual” published by Lexipol.8
Those policies were not in compliance. This is of serious note, considering that
Lexipol markets its “Custody Policy Manual” as being up-to-date on the most
current legislative mandates.9 Glenn and Sierra counties offered to contact Lexipol
about updating the sections of its manual that relate to PC §3407, and LSPC will
follow up with Lexipol.

Reference	
  to	
  Repealed	
  Section	
  5007.7	
  
Although the legislation that created PC §3407 repealed PC §5007.7, we
found that ten counties still referred to PC §5007.7.10 This was especially
problematic, because PC §3407(b) directly improves upon PC §5007.7 by
removing the requirement that a “prisoner [must be] declared by the attending
physician to be in active labor” in order to obtain the benefits of the statute. In our
letters with suggested revisions, we recommended that these counties remove
references to §5007.7 and its requirements. Three did.

Electronic	
  Control	
  Devices	
  
We found that three counties authorized the use of electronic devices to
control violent prisoners and/or prisoners attempting to escape .11 In our letters with
suggested revisions, we recommended that these counties prohibit the use of such
devices on pregnant prisoners under any circumstances. Butte County did.

7

Glenn, Lake, Modoc, Mono, San Joaquin, Shasta, Siskiyou, Tehama, and Trinity.
Lexipol is a provider of state-specific policy manuals for custody organizations.
9
“The Lexipol Custody Policy Manual directly addresses the needs of jails, detention centers
and custody facilities. The Custody Policy Manual has more than 170 policies based on federal
and state law, regulations and custody best practices. It is written by legal and custody
professionals. Lexipol provides regular updates in response to legislative mandates, case law and
the evolution of best practices.” http://www.lexipol.com/disciplines/custody-pm-3.html.
10
Los Angeles, Mendocino, Monterey, Napa, San Francisco, San Luis Obispo, Santa Barbara,
Santa Clara, Sierra, and Tulare.
11
Butte, Riverside, and San Luis Obispo.
8

5

Language	
  Translations	
  
During our review, we found that Yolo and San Diego counties distribute a
Spanish translation of their advisement or posting. This is commendable
considering that a significant percentage of California’s population are Spanishspeaking.12

Transportation	
  vs.	
  Custody	
  Procedure	
  
Some counties have incorporated the new restraints law into both their incustody and transportation policies.13 This is the better practice. Based on the
policies the counties sent us, it appears that 42 counties only incorporate the new
law into their in-custody policies and 8 counties only incorporate the new law into
their policies concerning transportation of prisoners.14
We urged the counties from which we only received transportation policies
to send us their existing policy that addresses the shackling of pregnant inmates at
the county jail, or add such a policy. When the shackling of pregnant prisoners is
only banned in the “Transportation” section of a county jail’s policy manual, it
leaves open the possibility that pregnant prisoners will be unlawfully shackled
while in custody.

Recommendations
We strongly encourage the Department of Corrections and Rehabilitation
(CDCR), the Board of State and Community Corrections (BSCC), and all
California counties to:
•

hold counties more accountable for having up-to-date policies with current
legislation;

•

provide translated versions of all materials distributed to female prisoners,
especially those that outline their pregnancy rights;

12

One-third of the adult female population in California’s state prisons is identified as Hispanic.
“Prison Census Data” (2013), California Department of Corrections and Rehabilitation,
http://www.cdcr.ca.gov/Reports_Research/Offender_Information_Services_Branch/Annual/Cens
us/CENSUSd1306.pdf.
13
Calaveras, Colusa, Contra Costa, Lassen, Marin, Placer, San Benito, Santa Barbara, and Yuba.
14
Amador, El Dorado, Fresno, Imperial, San Diego, San Francisco, Santa Clara, and Solano.
6

•

educate medical professionals on their critical role in ensuring that restraints
are removed from pregnant prisoners;

•

ensure that pregnant juvenile prisoners are afforded the same rights and
shackling restrictions as female adult prisoners.

Informing	
  Medical	
  Facilities	
  
The fact that PC §3407(c) grants medical professionals the authority to have
restraints removed from pregnant prisoners makes this policy directly relevant to
all medical professionals who care for female prisoners. Additionally, one county
stated that the responsibility to advise pregnant prisoners of their rights fell to the
jail’s contracted medical providers. We recommend that the non-profit community,
medical associations, and the corrections community take measures to ensure that
medical providers are informed of their role in caring for female prisoners as
prescribed by this new law. It is equally important that the authority granted to
medical professionals be incorporated into medical facilities’ policy manuals and
that medical professionals be trained on the new law.

Researching	
  Juvenile	
  Policies	
  
One county gave us separate policies for adult and juveniles. It needs to be
determined whether other counties have separate policies for adult and juvenile
prisoners. It is possible that future anti-shackling legislation should include specific
references to juvenile prisoners.

Prohibiting	
  Restraint/Safety	
  Chairs	
  
We found that eight counties permitted the use of a “restraint” or “safety”
chair on pregnant prisoners .15 It is our position that the use of a restraint chair is
tantamount to use of waist and leg restraints. It is possible that future antishackling legislation should specifically prohibit the use of such devices on
pregnant prisoners under any circumstances.

15

Butte, Fresno, Lassen, Los Angeles, Mariposa, Mendocino, Riverside and Stanislaus.
7

Conclusion
We are pleased to have received policies from all but three counties. On the
basis of our survey, we can now verify that a total of 21 of 58 counties (over a
third) are in total compliance with PC §3407 one year after it went into effect.
We are proud to report that 20 counties have changed or are in the process of
changing their policies to be more or fully compliant as a result of our suggestions.
We are grateful to the counties that responded to our policy requests and
recommendations.
However, we are concerned about the general lack of receptiveness on the
part of many counties to our efforts to ensure each county’s policies are in
compliance with the law. After corresponding with each county for almost a year,
more than two-thirds of the counties in California, 34 of 58, still have written
policies that do not comply with the law. According to the written policies in some
of those counties, pregnant women may be shackled in leg irons, waist chains, and
handcuffs behind the body. Written policies in some of those counties do not grant
medical professionals the authority to have restraints removed from pregnant
prisoners at any time. Furthermore, county jail officials in 24 counties are not
obligated by a written policy to inform pregnant prisoners of their rights provided
by PC §3407.
PC §3407 was enacted to protect pregnant women from experiencing
complications while pregnant and in labor. When legislation that pertains directly
to the health and safety of prisoners takes effect, it is imperative that counties in
California promptly adjust their policies to be in compliance with every component
of that legislation. This report demonstrates that most counties in California are
negligent in their policy-writing, thereby continuing to jeopardize the health and
safety of pregnant prisoners.
Founded in 1978, LSPC continues to recognize that female prisoners have
gender-specific needs that custodial institutions do not always acknowledge.
Maintaining the health and well-being of incarcerated pregnant women requires
unique considerations. This study has demonstrated that people in many counties
support the humane treatment of pregnant women. However, it also shows that our
work to protect these women remains unfinished.
Information on how to help implement PC §3407 is attached to this report in
Appendix 9.

8

APPENDIX 1: Text of California Penal Code §3407
(a) A prisoner known to be pregnant or in recovery after delivery shall not be restrained by the
use of leg irons, waist chains, or handcuffs behind the body.
(b) A pregnant prisoner in labor, during delivery, or in recovery after delivery, shall not be
restrained by the wrists, ankles, or both, unless deemed necessary for the safety and security of
the prisoner, the staff, or the public.
(c) Restraints shall be removed when a professional who is currently responsible for the medical
care of a pregnant prisoner during a medical emergency, labor, delivery, or recovery after
delivery determines that the removal of restraints is medically necessary.
(d) This section shall not be interpreted to require restraints in a case where restraints are not
required pursuant to a statute, regulation, or correctional facility policy.
(e) Upon confirmation of a prisoner’s pregnancy, she shall be advised, orally or in writing, of the
standards and policies governing pregnant prisoners, including, but not limited to, the provisions
of this chapter, the relevant regulations, and the correctional facility policies.
(f) For purposes of this section, “prisoner” means an adult or juvenile who is incarcerated in a
state or local correctional facility.
http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=3407.

9

APPENDIX 2: Overview of the compliance of California’s 58 counties
CA Counties
Alameda
Alpine
Amador
Butte
Calaveras
Colusa
Contra Costa
Del Norte
El Dorado
Fresno
Glenn
Humboldt
Imperial
Inyo
Kern
Kings
Lake
Lassen
Los Angeles
Madera
Marin
Mariposa
Mendocino
Merced
Modoc
Mono
Monterey
Napa
Nevada
Orange
Placer
Plumas
Riverside
Sacramento
San Benito
San Bernardino
San Diego
San Francisco
San Joaquin
San Luis Obispo
San Mateo
Santa Barbara
Santa Clara
Santa Cruz
Shasta
Sierra
Siskiyou
Solano
Sonoma
Stanislaus
Sutter
Tehama
Trinity
Tulare
Tuolumne
Ventura
Yolo
Yuba

(1) Ban 3
restraints

(2) No restraints
unless safety issue

(3) Medical
professional authority

(4)
Notification

X
X
X
X

X
X
X
X
X
X
X

X
X
X
X

X
X

X
X
X
X
X

X
X

X
X

X

X

Key:

X
X
X
X
X

X
X
X
X
X

X

X = has component

X
X
X
X
X
X
X
X
X
X
X
X
X

X
X

X
X

X

X

X
X
X
X
X

X
X
X

X
X
X
X
X
X
X
X
X
X

X
X
X
X
X
X
X
X
X
X
X

X
X

X
X
X
X
X
X
X
X
X
X
X
X
X

X
X
X

X
X
X

X
X
X
X
X
X

X

X
X

X
X
X
X
X
X
X
X

X
X
X
X
X
X

X

X
X
X
X
X
X
X
X
X

X
X
X

X
X
X

X
X
X

10

X
X
X
X
X

total compliance
not in total compliance
no response

21
34
3

APPENDIX 3: Example of a well-written policy
Yolo County:
TITLE: Restraint of Pregnant Prisoners
POLICY:
The Sheriff's Department shall comply with California Penal Code 3407 which
provides that a prisoner is known to be pregnant or in recovery after delivery shall
not be restrained by the use of leg irons, waist chains, or handcuffs behind the
body. A pregnant prisoner in labor, during delivery, or in recovery after delivery,
shall not be restrained by the wrists, ankles, or both, unless deemed necessary for
the safety and security of the prisoner, the staff, or the public. The decision to
restrain a prisoner in these circumstances shall be made by the Detention
Commander or his/her designee.
Restraints will be removed when a professional who is currently responsible for
the medical care of the prisoner during a medical emergency, labor, delivery, after
delivery, or recovery determines that the removal of the restraints is medically
necessary.
Upon confirmation of a prisoner's pregnancy, she shall be advised, orally or in
writing, of the standards and policies governing pregnant prisoners, including, but
not limited to, the provisions of 3407 P.C., relevant regulations and the
correctional facility policies.
PROCEDURE:
Upon confirming that a prisoner is pregnant, medical staff shall provide the
prisoner with the standards and policies governing pregnant prisoners (attached).
Medical staff will have the prisoner sign the form acknowledging advisement and
will place a copy of the signed acknowledgement in the prisoner's medical file and
forward a copy to the Correctional Lieutenants for placement in the prisoner's court
file.

11

APPENDIX 4: Examples of exceptional notifications
Alameda County:

INFORMATION FOR PREGNANT INMATES
Inmates known to be pregnant or in recovery after delivery, shall not be restrained by the use
of leg irons, waist chains, or handcuffs from behind the body.
.Pregnant inmates in labor, during delivery, or in recovery after delivery, shall not be
restrained by the wrists, ankles, or both, unless deemed necessary for the safety and security of the
·
inmate, the staff: or the public.
An inmates known to be pregnant or in recovery after delivery shall not be handcuffed in the
front of the body unless restraints are deemed necessary for the safety and security of the irunate,
the staff, or the public.
Restraints sha!I be removed when a professional who is currently responsib.le for the medical care of
the inmate during a medical emergency, labor, delivery, after delivery, or recovery determines that·
the removal of restraints is medically necessary.
While you are in custody within this county jail, and it is confinned that you are pregnant, the
following standards and polices governing pregnant inmates will apply to you:
•

Facility medical staff will ensure necessary medication and vitamins, as recommended by a
doctor, are available to you.

•

Prenatal and postpartum information, health care information, and childbirth education I
infant care will be provided to you by the facility's ~edical staff.

• . Medical diets, which are balanced and nutritious, will be authorized by the facility medical
staff during the intake process, or after you have been housed.
•

Pl:egnant or lactating inmates will be given 8 ounces of milk at each meal and a snack with 8
ounces of milk during the evening. The housing unit deputy will ensure the snack is received
by you.

For your protection, you have been provided this information to assist with your pregnancy while in
custody.
If you have questions, you are encouraged to spe-ak to custody staff, a nurse or other medical
professional assigned to this facility.

12

Humboldt County:
12/11/2013 WED 1 2:41

FAX 7074457298

r.:lJOOZ /002

Under section 40::&s.e of the Penal Code of the State of California
you have the right to summon and receive the services of any medical
doctor of your choice in order to determine whether you are pregnant.
·The Jail Commander may adopt reasonable rules and regulations
regarding the conduct of examinations to determine pregnancy. If
you are found to be pregnant, you are entitled to a determination of
the extent of medical services needed by you, and to receiving such
services from the doctor of your choice. (ANY EXPENSES FOR
SERVICES BY A DOCTOR WHO'S SERVICES ARE NOT PROVIDED BY
THIS JAIL SHALL BE PAID BY THE INMATE)

Under section

S407

of the Penal Code of the State of California,

em

inmate t:lnown to be pregnant or in recovery after delivery, shall
not be restrained by the use of leg irons, waist chains, or handcuffs
behind the body. A pregnant inmate in labor, during delivery, or in
recovery after delivery, shall not be restrained by the wrists, ant:lles, or
both unless deemed necessary for the safety and security of the
inmate, staff or public.
Restraints shall be removed when a
professional who is currently responsible for the medical care of a
pregnant inmate during a medical emergency, labor, delivery or
recovery after delivery determines that the removal of restraints is
medically necessary. (Current HCCF Policy F-012 adheres to the
section of the Penal Code)

13

APPENDIX 5: Examples of exceptional advisements
Fresno (tri-fold pamphlet):

right to ~u mrrn::·r> Jml
rt.-.::eivt- thP. ~e rvie('S (lf •my p!'.r~ic"•c. n "nc z;ll"gt:oo of hf.:r

Xtt'r.t~cm f<lic((it y sl-1,,11 h~ll~ \~

(tl~ A INtgnaflt fnm~.t'.! ir,la,\.;o.)f, !1L'l"i~ c!<..-\ive<y, o r in
r•~;:'-"'~ ry att<?r d<?livcry, ) hall oat bt' restra:ni'd bytht! wriliS,
a.'lkk~, <l r bo\il, unle:;~ &>em~d n~es~ary fvr the S<!fet}r ilf"+li

(r:) RI:"~U.l ir<h ~Mli be n;mov.:d wt..o;,_ .1 profc.ssiom:ll wOO i'
wne11\ty r~{>(lr'liibk- fo.1r the m~i:!Kal tare of a pretnal'lt
>N~·..;.tt r;ll.'!~ng a rnedkal emcrgt>ru:y, !abcr, d r;-;ivl:'ry, m
re,ov~ry ilflt': delivery OOtf.'nnil"'t'~ t.h,;t th<: rtrt~oval of
restrai;l~ i~ rncdk.i!~y nff.~'S.il-"1

All pregnant fnmate$11'1 th.e Fresno

wpHil'tenrlent ofsu..:h lad li~y

County Detention Facilitie~ will be

me

(I!) Upon ccnfitm<!tion uf <111 ;r;:n;;;ti!'J:. Pfagoar.:y,
~hall
~ advi$eo;:f, or <Illy 0! in writin~ ~,f the !tafl<!ards ;,;n(:l po~ci<i!s
tolll!rninl!: fX€{;!l<~nt in m~t!'<s, i nch;d i ~ W, not limite-d 1o.
tM- pw"~i0<1~ uf t his o:;haptcr, ttl@ rell'!var<t fegui<!tions, and
tMCCtTHtior;alfacilaypolkte:;

Persqnal hygiene and birth control; F.1mlly
planning !i(!rvkes
r•rmaf Code 402~.~, (it) A.fly !emilie (;Oflfir.t!d :'!; 05.0 )' loo.":~l
deteJlti(jh fa<ilit"y ~~~~~upon her re~UI!!!ill:l'.! <.liiO"WWt\r;l tQ
c:rmtinve to v-;e ma1~:ri~b. , ('(;('. \$;Jry for (li ~er!;OI\31 hyr,ieM
w ith regard to fii'r m~.nm.:~t cycl<! .;:;nd reprodv n ive '>Y'Item
<~ond (J) l:oi rth wn troiiTil'il.~u ~u ;1s. p1·"~cri t~ect by ber
~~;ysidiin.

{t;) [;,ch ;md e\•ery i"o/r.<l ~ (.('r1fh~ ir: <my I=! dEl,._nhon
f;;,::ili!y ~hal! be. t umitb('d b'f UW <:Ol.II'IIY wrth mforrnatior>
.; r.d Ei:h."CMion r~:;;;rd i 11g thl' ~..,~ i!at:m it~ of family l;l<lr;ning

1_.:) ~;~ rni\y pl;:~nu;ne se r<i<:e.s sha!J !)l' ofif?rfod to e<! ~h 11-~1d
every 1.,.omall inmate <>t k;.:;~t f..C ch.vs prior l'o a ~lw! du~r!
r~ie.as;e d.!te_Upo!l >t'(fr*~t lil.nywOill<!fl ill!Yliltf:: ~h;;li be
!~;rr.is.twd by t!\e ctli:r.ty wit~ t he ,se-;-.,~r.e~ of a licl!r.s.eC:
physi~ iar. Of she shoJI Ot> f~;lni's l!(>(1 Oy t~ tQUntyw by "''~Y
wl1k:h cont:r;~ct;<; witt1 ttw W:.Jnl',' witl1 loe-r¥1(;£.-S

rn~v J>dQpl". lP.O!~ona bl'!'

rules

f the pri~cne r i~ foLn-4 to b~ Jli"I:'K!-..;;r.t. iht\ !$ Clltit1e<l t o a
<lE"tl':nniNtiOn oft~ utt!ol <If ti-.e t"l10!"diG!1S<;:IVh:<es net!d<td
by h~ ;;-r>(l to ~~~"' ruo;-ipt ot :.urh ~t-noice~ fft>lrl til~
phys is:i anand;;u rte<~n cfher· c.t-.:)ice .Ar;yeKP'.:'nSt'~
phy~id.1r1

a1•d ~u rgeo r>

ovhme:wNio::~~.arfl r!otpro,.i.Ot>.dl::y\hefi!Cillty$hallbe

>o r tho:- pmpo~!!$ ot

po-!>sibl~ by medi<:al staff persoonel il$ to <Jll o ptions

th~~ ~tlon, " io:::~r

d<;tem;on facility"

servites.avafla.blt?, and abortkm o ptions.

C~!<le-r s {corumen<:ir.g wit~ $eo:;T.(Of1 ~0001 o! Divisioc- 2 1Jf

w eek of ge~talion will be offt'r~d Pmmm~l
5n~ening (in o rde-r U:r identify individua ls who are
a! in<:re,:~s~d ri~lr: for r:;arrying a fetus wrth <J specific

( od"'.

birth defl'<:t [,
Perrnitting abortion

Prt.:!gnant females will be ~~f~rrcd t o apprcpri ate

Soci<>l Servio~s <IS rec;11ited tor adoption Of fmt~r
~ilf~ for t he <:::hild.
Provisi ons wHI be made fot li!ct:J;ting w omen a-s

t"leet!l:'d

nou~mg

On<;e it is drm:rmined tha-t M

i!"lmate

~ pr<l"gl!liflt .1he wn!

boa housed Of1 ~bottom bvn(<.

Q: What 1-s df.pressio11?
A;

Clothing

~pre$~lcn

is more th;m ju~t 1-e-e-ti)"]g "blue"" or "dO'N!J in

d~dumpsM for a fewda~ . lrl.s~eri<x!SiUr"1esHMt

.~.1.1. pregMrrt inmates w~l

be issuer:! and required to wear

fnvot....e~ !he

brain. With deprHsiO!r, sa<tl, a r~xklv~. or

mJJtcmiwo:::klthing. lfyoui1TJ:1itt<~<fveli'<!ntlvis~uf'di!
_iumps<.tit ln~1<:'ild o f il m<ttefm"ty smock (or d i~o-ver at. a

~empty" fel!llntp d:Jn't toaw;ay aM interf<:<r(' with c:lay"tn·

lat~t date th.ot yol.l are

TM good news is that mu!.t people- with depres.sion ~et

prq r;ar.t), it ~~ you1 res~nsibi!it¥
to <totify ar; e>ffice r, in orOCr to obtain~ mat et nity smocit

Rcgu;atio ns incoP.soi~tion r,o.itil .:~ r~istP.rP.d.dietitlM
Pr~gn<~r.t l!l"':d

l:3{(atlng women art" pro"<'i"ded a baitnc~d,

nutr51io\>Sd-!t!t,approvedbyo dC!ctO<,Which incflldi!Sl)fl
eK~U !!Ol Srtrvif'£ o1 mW.; i!o:xl p rotl?il'l ~NJ~k

d <Jy iife;~ r<dn:::rllti rN''>. l"ht-"sefee!i fli!;S tllniw.ll':\!d !O~I!II<!N.

betterwithtreatmem.

Q: How common is depression during :and aftt-r
pregnancy?
A: De-press~on ls a rornrnoo p(obk!m diJr !ng <l"r:l ait l"r
prl!:'£11<1flf.Y· About l3 P"'(Cii!nt .of pr~g11<tnt women ~:\d lli'W
motht':r~ hav-e d"'~rf\s.!-ion.

Q: How do I know if I have depression?

Medications

Atter ~\vir;~; bi•th, t~ <>~!)Oir'l>-.'ld gllardian ct t~ ~l!fant

Presnan1 inmates wia t~«-i~te p1e-natai1Jitamins. two ilnd
foki!cid

advi~d to Co so

and/or family mt'mtw! r~ m1.<y ~ pen11ftu~d tcvi~ityw k1 ttll"
iwspi;;t! with th~ a.ppmva.f of the Wa.~ch Comrr,;j.fldi>r.

Available Information
Sub<tl1t " " /nmare Request form to the Jail Inmate
Programs l)nit" ;~n;;! prOIIide the title nfthe pl!-mpflle\"yoll
1ne re(!~$ti(!g (llrnlt OM! ltt!m p.?r rr:::q~.~est, per Jay)
• 50Tiling~f.vel'yPft";irn!fltWOn\OIJ'l:'.illOOid KflOW

ho<ft:s.

• SOTtling5 to Ke.:-.p 'l"our !l.;:;bysafe3nd H"althv

~IV two .,;.~:tc r5 w'!lll.JE' <JI!owe<t 111a1;; tirr.e
(h\!dro!l-11 undoP.r a.ae 12 are nat allowed to ..-k;<t unlf!$S
spe.::i~> ilrranljt'"nWnH 11ff" mad!" wl;h ho~ptt:il t ~wff

.. Arn 1Re<)(!yte> bo:-il'Mom?

M<.l;;dln g foOO o-:- doth~g
Therc will be no phy~kal cmrtad at anytime.

pro-vkieC upon reQlle s t

>-or till' purposes ot thl~ ~f'<ttior.,. "focill<:--ctffttion i<~ci!ity"

t>resmr.r.t tem.ale~ shoold flO~ t;;.!Ce <111)1 med"k:;:~tions tm!e~s
bv a mem~r of th<? m('dk..:~l staff. This
inc:I1!M>s ;~(! over-t heccur.ter medica-tions.

wm bf! ;oh5-0iut~ly no eJ•o.Chi>flil'" {)t Cl<ly i':etTs,

prP.gnant~.

Fumily pl~ nr.ing service!> a(l¢ refe-rrals will be

muns any~ily, o:::our. w, or l"l!f;!Q(t;ll fxl~ty u..~d for t h""
r~')llf:nilrr.e'fll of ar.v l~tnatc- j::l('r>r, n 11,)( mo rl! then i.4 holm.

Pr'<!gnant ftoma~s may n!qu'lst~o have a support pei":IO!l
pr esr.r.t d"ring; ch~d bi•th. The ;~pptcval for the su:ppor1
PEl WI' will r~!>l: with the Jail Watt h Comm<Jn~r ;m d will bl!

There

Ail pregnan: fe,males wfH be monit(XJ?ti ·For slgns of

comp!t<:ations before an d followi ng their

Vll-''} I;OJr:ot ~o l.llw, ;md ii detiHmincQ to~ e!:tll>\t., 51\JII t>e
PGrmitte.rl toobt;,inil'l <liXIrt.i<ln

M.:!als

Thoe ptiv~cy wrt~in ~urroondint t~ bed :;hill! rem~in
o~M at <Ill hm<~s·,

c.ou nscling per state req uiremer1ts.

c:th('r than thoMl" rOr>tah~P.t.i in 1!1.1.t ii(t, ~hi1!l b¥. i!l'.po~«<
f'el'"!'.ale~ found to be p•~e:~<~r:t and 6<1'~'ring abtl-rtions sha:U
br;. p.o:rmitted to d~ll"rrnin<'l t heir tJiigibi!:ty tor an libvftion

require"*r.ts 1~ f oah in t he ca!iforn·!4 {.odi! of

will 'onform !o th!:-l10~pihrl'~ r~gu\illrv!$itit,g

M! p regn.an:- f~n1ales will be off~red HrV te~ting and

(Artk!e 1 {com~nU!"!i w ith S!\r.Mn ::.:.:)400) of O;apt!;! 2
<:f P'iut 2 o~ tli'<i~io.., l iJ6 Clf the rl~a\th "'"~ ~f~ty C'l<k),

M!1ill$ pr c-v ided tD ail inm11tes art in compli;mce with the

\'isit<~tiorr

Hepatitis B{H{N \g) <~.!> PE"r :sttne requireme11ts.

obtilin~ng llf :m abortion by a female d t:!air.._•d in il"Y kx:.al
clet ('nti(ln fadity, pvr~l.l~ !'t10tt.~Th~ r;i1JJ.~;Ulk AOOrti:ln At\

c.vailabioefo<pl<Kem-e-nt aniicareof yo<Jr <;hi1Ca:ft.ftr

V!sitorsmu>th<lw <EIIll!id photo ID.

per stat~? re-qvirf:ments

AUpregn;:~nt fem<Jlt<S will b£> te~terl f or Syph'lfs .Jnd

>'l':~ !(o!k40~ .S.. Ncconditim; mfe~trid~m upor~the

0!'!\:..-ery,

lfyouilrP.oauthorl<l!dto rctdve vhito rs,v!slllrv,W'HI OO in
compli.ar..::e with both!~ OOsp'!'af'~ ar.d tM !;,Ifsvl~iting
polities ~~nd wlU ~ rt<()M.It::m.~ by ~h"-' ~ssign~d offk:c:

Ai! pregn~nt f emales seen initially p!'ior to t heir 20'~

t!-1~ (lu~ i rll':$~ 11:nd Pr~tes~«J.m;

Yo1,1 wil! be rdr.:m~d to a Soc-~I Worker to di"~Guss options

Hospital Stay- Child Birth

Thi s w ill include

fac~!Uy, keeping the ~:hild after deli\l€ry, <Jt!opt·iorr

Any phyl;ki~n p!O\'k::!iog$t",....~Vs ~~~;;-~vant to this sectiOn
IDilh pos!ess 3 t'Jrrtnt. V.Jild. ;tnd. unrcvuk«< \.ertiflc<~W 1o
<';!lfl'<ljl;(' in the pradk'!' uf medk1r"lf' i%ued pur~uantto

pt'isoneJsl!a~ilc.ress

Postpartum cue~~ provlded by mediCal perSOl)n~-t !TW'cllt"l
h•M1th pe r~nne-1 'iJnd/or progl(lm/$01:i<l1wori:. pcr~nru~ l

to t he pmgnancy.

rntor mation on pr enatal earl:! pfovided a\ tht'!

<:onfiM"I'nl!rlt of ~flY !cmJ~ ~uisot'lf! r ! OI' mor~~; t"!\l!n 2:t.

time of h-er rele <1se.

Aftercare

(~lated

m~;:m~ ~nydty, county, m m~~mai fa[ili~.y uu>d lOt;:~

lt\1! rillh!~ p:f.Mded fc~ femal.-. ~ l.:.y this S!?:';t fOI' ~ hall bf!
po:Jsted In at ~<r.~ton<'!: r.on>f:-itl!o:.t~ ~~,r.t> to whidi <~II fem<!le

M!'clk ally Oe\erminf'il high-fisk preg.nar.t l1">1lXlte~ w ill
(:Of,!ifllh~ to 00 ~ron by t he Orl· Site IJhys!f.i;;n a s nt.~ed, bttt
w<~ be <;on.sld~-rl!d fQr refi!>crralto t l"w! (omm:.mity Rf'!l"IOM f
Medi~~~ Ci!uter \CRM<.:} h ~Eh·rl1k OS dfr'.-1!: ll{ the .e-rrn: re~n,;y

AI! p regn;mt femc.les wil[ b e (Qr,msel€-d ;d'> soon as

borne bythep-risoof!r.

nflq•,.w.fy tr,o m~~t 1te1 f::~mi!y p!.1nnin& needs nt ~.he

P'"'£/1;10t inr.14te~ up1(!:1bwt!el::t;;rE:seem by a phy5il'i<!rl
~...-oery 4 weeks; ;j\"].£ Wi:f!ksthe imnat~.: is ~~n t'v~ry /.-3
Wf'.eh; o1n!! .at 36 weeks, t~ infllate is set'!! wet-k!y.

given comprehensive counseling
and assistance in carrying out
thfi!ir' desit~ fQr thek u nborn child.
Pr~n:atal.and postpartum care
provided will match community
standards.

and rl!t;L.datlonswl\l"t rego.rdtoth.:! wndutto0f
e~<lll1iruTJQ n.S to «"ffectoat~ s lK:b d(' rerm in<~t!a n

occi!sior.t>d by !Toe servitts o:f &

{rl} 1b:5 se:ction ~!l;,U r.ol. be irrt>:!rp(H""'-" t o re(!v:m res.tra1nts
11 a caso; where rtstra:lnts arl!' oot required pursu~nt 1o i!l
lt~ll!tc, lf:ll;J~1tien, or o:;orf~lttiona~ '<~dlity polk \'·

mt~ r "f."r.ty

(i'lak;<l: in Ordo!rto Cr::-erfr.inf! whether ~llo1 J~ p~Pf.n<Jnt. Thf'

• Alcoho~drld Pr esr.ar.::y
.. Depressior. Durin& t're&Nnr.\·anr:t Afler

• orug lJW: 1100 Preemmo,• ' *altl"ly< F.ating andPregr;.lnc.y
• HIVandPregr>;,ncy
• f'fl:'l?l'oUI~ WDml"n s..1V NO 2 F-lu (HtNl}
• ST"D' s andPflli!l'lar.cy

14

A; W iler> y:.Jt1are pregnilntor i!fterroo h<~vt-" i!i !:>&b'f, yt>o.J

m<!)' 00 depressft-j aoo not know it- Sorne nofmal th;;tr;ge$
dwin~ ;~n d ;~f!.er pr~!>c_gnar.cy

f:.an 1;au~" symptoms si mi~r to

tho~ ot dcp;-e~sion. !!ut tf you h<l ye a r~~ o1 the fo l!OWifo€
symptom~ of Mpressi-'JHfor mOte thlln 2 we-eb,
pllysiciar~ know,or~vb•·u ita n

lo.•t VQur

mm()re f?.<:-qur:!'st FGfm to JPS:

4

>'ec~ng re~t~s~ cr moody

•

;:~e~ n, ~a:d, h~~S $, lnC:overwtJe~d

4

Cryin;r:~

k:rt

• ~l ttvlfl~ ri<> E-!lergyormoti'o'.)1io f!
• fatlng~co!ittiEortootn>J<ll
4 ~.eep-in!l too little or too mw::h
• H;;v~ng t ro ublE focusll'lg rx ma~i~g d«lslo%
• f.l;r.olf\8 memmv p roblems
4 f~;!\ing wonh\~ss <lind gullt)l
4 l..QsillS.il"lt<;<!'<::-S!O! pleasure ln actillit\€'syo>JuSt-"dlo
en;oy
•Wrl:hdrawingfromfrlell<h0lr.d 1amily
4 H;uin~ t:e01 d.l!cl1e~. achf'.$ •i'ld palo~. Of ~tomarh
problems t11at dor.'t ro .aw~~

frcm the !ail Inmate Pr O£!il.tnS Unit.

Tuolumne County:

TUOLUMNE COUNTY SHERIFF'S DEPARTMENT
HEALTH INFORMATION FOR PREGNANT INMATES
WHILE YOU ARE IN CUSTODY AND HOUSED WITHIN THE TUOLUMNE COUNll" JAIL, AND IT
IS CONFIRMED YOU ARE PREGNANT, THE FOLLOWING STANDARDS AND POLICIES
GOVERNING PREGNANT lNMATES WILL APPLY TO YOU.
);>

FACILITY MEDICAL STAFF WILL ENSURE NECESSARY MEDICATION AND VITAMINS, AS
Rt:COMMENDED BY A DOCTOR, ARE AVAILABLE TO YOU.

»

PRENATAL AND POSTPARTUM INFORMATION, HEALTH CARE INFORMATION, AND
CHILDBIRTH EDUCATION I INFANT CARE WlLL BE PROVIDED TO YOU BY THE
FACILITY'S MEDICAL STAFF.

>

MEDlCAL DIETS, WHICH ARE BALANCEOD AND NUTRITIOUS, WILL -BE AUTHORIZED ..BY
THE FACJL\1Y MEDICAL STAFF DURING THE INTAKE PROCESS, OR AFTER YOU HAVE
BEEN HOUSED.

)>

PREGNANT OR LACTATING INMATES WILL BE GIVEN 8 OUNCES OF MILK AT EACH MEAL
AND A SNACK WITH 8 OUNCES OF MILK DURING THE EVENING. THE HOUSING UNIT
DEPUTY WILL ENSURE THE SNACK IS RECEIVED BY YOU.

AN INMATE KNOWN TO BE PREGNANT WHILE IN HOUSING, DURING TRANSPORTATION TO
AND FROM COURT, AND HOSPITAL VISITS, WILL BE HANDCUFFED lN FRONT. PREGNANT
INMATES WILL NOT E!E RESTRAINED BY THE USE OF LEG IRONS, WPtJST CHAINS, OR
HANDCUFFS BEHIND THE BODY.
A PREGNANT INMATE IN LABOR, DURING DELIVERY, AFTER DELIVERY, OR IN RECOVERY,
WILL NOT BE RESTRAINED BY THE WRISTS, ANKLES, OR BOTH, UNLESS PEEMED
NECESSARY FOR THE SAFETY AND SECURITY OF THE INMATE, THE STAFF, OR THE
PUBLIC.
RESTRAINTS WllL BE REMOVED WHEN A PROFESSIONAL WHO IS CURRENTLY
RESPONSIBLE FOR THE MEDICAL CARE OF A PREGNANT INMATE DURING A MEDICAL
EMERGENCY, LABOR. DELIVERY, AFTER DELIVERY, OR RECOVERY, AND DETERMINES
THAT THE REMOVAL OF RESTRAINTS IS MEDICALLY NECESSARY.
FOR YOUR PROTECTION, YOU HAVE BEEN PROVIDED nilS INFORMATION TO ASSIST WITH
YOUR PREGNANCY WHILE IN CUSTODY.
IF YOU HAVE QUESTIONS. YOU ARE ENCOUAAGED TO SPEAK TO CUSTODY STAFF, A
NURSE OR OTHER MEDICAL PROFESSIONAL ASSIGNED TO THIS FACILITY.

DATE

INMATE SIGNATURE
PRINT NAME

DISTRIBUTION:
ORIGINAL -INMATE BOOKlNG FILE
COPY -INMATE MEDICAl, FILE
COPY - INMATE

15

APPENDIX 6: Model Policy
i.

A pregnant inmate in labor, during delivery, or in recovery after delivery, shall not be
restrained by the wrists, ankles, or both, unless deemed necessary for the safety and
security of the inmate, the staff, or the public. The Jail Watch Commander is to be
notified in writing at the earliest opportunity if restraints are used.

ii.

An inmate known to be pregnant or in recovery after delivery shall never be restrained by
the use of leg irons, waist chains, or handcuffs from behind the body.

iii.

An inmate known to be pregnant or in recovery after delivery shall not be handcuffed in
the front of the body unless restraints are deemed necessary for the safety and security of
the inmate, the staff, or the public.

iv.

Restraints shall be removed when a professional who is currently responsible for the
medical care of the inmate during a medical emergency, labor, delivery, after delivery, or
recovery determines that the removal of restraints is medically necessary.

v.

Each female inmate shall be given a written advisement with the standards and policies
governing pregnant inmates (attached), including but not limited to section 3407 PC, and
this policy. Staff will have the inmate sign the form acknowledging advisement and will
place a copy of the signed acknowledgement in the inmate’s medical file and forward a
copy for placement in the inmate’s court file.

vi.

The rights provided for inmates by this policy will be posted (attached) in at least one
conspicuous location to which female inmates have access at each facility that houses
female inmates.

16

APPENDIX 7: Model Advisement
HEALTH INFORMATION FOR PREGNANT INMATES
Inmates known to be pregnant or in recovery after delivery shall never be restrained by the
use of leg irons, waist chains, or handcuffs from behind the body.
Pregnant inmates in labor, during delivery, or in recovery after delivery, shall not be
restrained by the wrists, ankles, or both, unless deemed necessary for the safety and security
of the inmate, the staff, or the public.
An inmate known to be pregnant or in recovery after delivery shall not be handcuffed in
the front of the body unless restraints are deemed necessary for the safety and security of the
inmate, the staff, or the public.
Restraints shall be removed when a professional who is currently responsible for the medical
care of the inmate during a medical emergency, labor, delivery, after delivery, or recovery
determines that the removal of restraints is medically necessary.
While you are in custody within this county jail, and it is confirmed that you are pregnant, the
following standards and polices governing pregnant inmates will apply to you:
-

Facility medical staff will ensure necessary medication and vitamins, as recommended by
a doctor, are available to you.

-

Prenatal and postpartum information, health care information, and childbirth education /
infant care will be provided to you by the facility’s medical staff.

-

Medical diets, which are balanced and nutritious, will be authorized by the facility
medical staff during the intake process, or after you have been housed.

-

Pregnant or lactating inmates will be given 8 ounces of milk at each meal and a snack
with 8 ounces of milk during the evening. The housing unit deputy will ensure the snack
is received by you.

For your protection, you have been provided this information to assist with your pregnancy while
in custody.
If you have questions, you are encouraged to speak to custody staff, a nurse or other medical
professional assigned to this facility.
Inmate Signature

Date

Print Name

17

APPENDIX 8: Model Posting

PREGNANCY RIGHTS
While you are in custody within this county jail, and it is confirmed that you are pregnant, the
following standards and polices governing pregnant inmates will apply to you:
 Inmates known to be pregnant or in recovery after delivery shall never be
restrained by the use of leg irons, waist chains, or handcuffs from behind the body.
 Pregnant inmates in labor, during delivery, or in recovery after delivery, shall not
be restrained by the wrists, ankles, or both, unless deemed necessary for the safety and
security of the inmate, the staff, or the public.
 An inmate known to be pregnant or in recovery after delivery shall not be
handcuffed in the front of the body unless restraints are deemed necessary for the
safety and security of the inmate, the staff, or the public.
 Restraints shall be removed when a professional who is currently responsible for the
medical care of the inmate during a medical emergency, labor, delivery, after delivery, or
recovery determines that the removal of restraints is medically necessary.
 Facility medical staff will ensure necessary medication and vitamins, as recommended by
a doctor, are available to you.
 Prenatal and postpartum information, health care information, and childbirth education /
infant care will be provided to you by the facility’s medical staff.
 Medical diets, which are balanced and nutritious, will be authorized by the facility
medical staff during the intake process, or after you have been housed.
 Pregnant or lactating inmates will be given 8 ounces of milk at each meal and a snack
with 8 ounces of milk during the evening. The housing unit deputy will ensure the snack
is received by you.
For your protection, you have been provided this information to assist with your pregnancy while
in custody.
If you have questions, you are encouraged to speak to custody staff, a nurse, or other medical
professional assigned to this facility.

18

APPENDIX 9: How to Help

PLEASE HELP IMPLEMENT ANTI-SHACKLING!
Getting a bill signed is only the first step in making a law
become real! LSPC is working to make sure the new law is
implemented across the state. You can help us!
Per California Penal Code Section 3407, starting January 1,
2013, no pregnant woman detained in a California prison,
jail or juvenile facility may be handcuffed behind her back,
chained around her ankles or shackled around her belly. That
is the bottom line; once it is known that she is pregnant, none
of these kinds of restraints can be used during her entire
pregnancy!
During a medical emergency, a medical person may
require that a pregnant woman be released form her
restraints.
During labor, delivery and recovery, she is not to be
restrained at all unless there is a stated security reason for
that restraint. However, if a medical person states that the
woman must be released from her restraints, no restraints
may be used.
If you or any pregnant woman you know has been wrongly
restrained, please contact us at the address below.
Together, we can make this law a reality!
1540 Market St., Suite 490,
San Francisco, CA 94102.
Phone: (415) 255-7036
Fax: (415) 552-3150
www.prisonerswithchildren.org
info@prisonerswithchildren,org	
  

19

Acknowledgements
We would like to acknowledge our fellow co-sponsors of AB 2530, the American
Congress of Obstetricians and Gynecologists, District IX (California) and the
American Civil Liberties Union. Additionally, we would like to acknowledge the
contributions of past interns at LSPC, especially Emily Orloff. Furthermore, this
project would not have been possible without the previous work of former LSPC
Policy Director Karen Shain.

OUR MISSION
LSPC organizes communities impacted by the criminal justice system and
advocates to release incarcerated people, to restore human and civil rights and to
reunify families and communities. We build public awareness of structural racism
in policing, the courts and prison system and we advance racial and gender justice
in all our work.
Our strategies include legal support, trainings, advocacy, public education,
grassroots mobilization and developing community partnerships.

Legal Services for Prisoners with Children
1540 Market St., Suite 490
San Francisco, CA 94102
Phone: (415) 255-7036
Fax: (415) 552-3150
info@prisonerswithchildren.org
www.prisonerswithchildren.org