Procedurally, whether a woman knows she is pregnant before arriving in prison versus learning the pregnancy after being booked will determine what rights are immediately available. While there are no repercussions for pregnant women while serving their prison sentence, legal regulations surrounding these women are changing rapidly, making it more critical than ever for incarcerated women to understand their rights.
Female Inmates and Pregnancy in California Prisons
Women incarcerated in the California Prison System are afforded the right to receive proper medical treatment during their pregnancy while incarcerated; regardless of whether they had prior knowledge of the pregnancy. However, the process of obtaining the proper medical care during one’s pregnancy is different depending on their knowledge of the pregnancy upon entering prison. Some women may even wonder whether the facility will afford them the same medical treatment options upon entering prison. To ensure that female inmates can access the proper medical care, it is essential that any inmate who presently knows or suspects that they may be pregnant know their legal rights.
Learning You’re Pregnant in Prison: What Rights Do You Have?
Many incarcerated women in the United States enter the prison system before knowing they’re pregnant. However, pregnancy tests are not automatically administered when a female inmate is booked into prison. Therefore, inmates who suspect they may be pregnant upon arrival should request that a pregnancy test be administered. If an individual’s record indicates that they are pregnant upon arrival, staff should immediately take them to see a licensed obstetrician (OB).
California Penal Code on Pregnancy in Prison:
Legislation in California has recently been amended to better serve pregnant female inmates in the state’s prison system. Most notably are the amendments affecting the California Penal Code. Under the amended California Penal Code, a pregnant inmate may not be cuffed at any time during their pregnancy in the following manners:
- Behind their back
- In front of their pregnant belly
- Nor may pregnant inmates be required to wear leg irons.
Female inmates may only be cuffed at the wrist in front of their bodies during pregnancy. However, suppose it becomes medically necessary to remove or remain unhandcuffed. In that case, all restraints must be removed and may no longer be used. California Penal Code Sections 3403, 3408, and 3409 prohibit prisons from placing pregnant inmates in solitary confinement and require them to be made aware of and offered medical aid for trauma-centered rehabilitation during their pregnancy. It is also illegal for the prison to expose a pregnant inmate to any form of a chemical used to sedate, such as pepper spray. Nor may a prison official taser a pregnant woman at any time. Overall, pregnant inmates may only be physically restrained if they are presently posing a threat of danger to themselves or others. Although, even in these situations, prison officials must react in a manner that accommodates the pregnancy.
Receiving Prenatal Care for a Pregnancy in Prison:
In any instance, when a woman finds out that she is pregnant, the possibility that they may decide to terminate the pregnancy remains present in prison. Likewise, a pregnant woman in prison may also choose to carry out their pregnancy and keep their child. Pregnant inmates may choose any course of action to care for their child that would be available to them outside of prison, including; adoption, abortion, or foster care. A woman’s right to terminate their pregnancy is not taken from them upon entering prison. Nor is their right to choose to become a mother. If a woman in prison decides that they would like to terminate their pregnancy, they should inform their medical team as soon as possible. Prompt notice and action will help ensure that abortion is possible and is performed in the safest manner possible.
Abortions:
Pregnant inmates reserve the right to abort their pregnancies. California law allows pregnant women to have an abortion up to their 18th week of pregnancy. If the woman has decided to undergo an abortion, has passed the 18th week of pregnancy but has not yet reached the 24th week, a licensed health care physician must perform a medical exam. This evaluation must prove that the woman is in good health and that the abortion procedure can occur without creating any medical risks or complications. After the 24th week of pregnancy, pregnant women in California may only undergo an abortion if their life is in danger and becomes medically necessary. Incarcerated pregnant women are not financially responsible for their abortions. Abortions for women in prison are paid for by the California Department of Corrections and Rehabilitation (CDCR).
Prenatal Care:
All-female inmates who have confirmed their pregnancy are entitled to prenatal care. Female inmates who choose to go forward with their pregnancy will be assigned a medical team to oversee and provide all necessary prenatal care. Unless their doctor orders it, female inmates will be seen by their assigned OB Team on the following schedule. Pregnant inmates who have decided to carry on with their pregnancy in prison will also be taken to the dentist and have access to any prenatal medications they may want or need.
- In the first trimester, female inmates will be seen at least once by their assigned OB.
- After completing the first trimester, female inmates will continue seeing their OB every four weeks until weeks 24-26 of pregnancy.
- Between weeks 24-26, female inmates will see their OB every three weeks until week 30 of pregnancy.
- Between weeks 30 and 36, pregnant inmates will see their OB bi-weekly.
Once a female inmate has had their pregnancy confirmed by a medical professional, their prison file will be marked with a Comprehensive Accommodation Chrono. A Chrono is a formal document that indicates the inmate’s pregnant status and is necessary to obtain the proper medical care. Along with indicating one’s pregnancy, the Chrono will ensure that they are given the proper care and precautions inside the prison. This means that pregnant women will be given access to prenatal vitamins and additional food portions at mealtimes. The Chrono will also ensure that they are assigned a bottom bunk in their cell during pregnancy. During safety checks or breaches, pregnant inmates will be allowed to sit on the floor instead of engaging in more rigorous movements.
Giving Birth In Prison:
The process of giving birth is medically no different as an inmate in prison. Like any other pregnant woman, when it comes time to give birth, the pregnant inmate will be transported to their designated hospital by prison officials. Legally, the prison must treat active labor as any other medical emergency. Because of this, California Prisons are required to provide the pregnant inmate with the same level of privacy and respect that any other expecting mother would be given. Specifically, female inmates are afforded numerous rights when giving birth. Delivering mothers may:
- Have one person serve as their designated support person during the entire labor, delivery, and post-partum process. This individual has typically been pre-approved by the prison or was previously deemed an approved visitor.
- Female inmates may not be restrained at the wrist or ankles during the labor and delivery process unless the expecting mother is deemed a safety risk. However, if it becomes medically necessary or is explicitly requested by the inmate’s doctor, guards must remove all restraints.
- Expecting mothers reserve the right to limit exterior presence in the labor and delivery room. This means that if a prison official is present, they may not be present inside the room unless their absence creates a safety risk for the inmate or any medical team member.
Following birth, all-female inmates are entitled to receive the same quality of post-partum care as any other mother. Ultimately, it is unlawful for any California Prison or prison official to restrict female inmates’ access to proper medical care throughout their pregnancy.
Contact Pride Legal
If you or a loved one is going through or may facing pregnancy in prison, we invite you to contact us at Pride Legal for legal counseling or any further questions. To protect your rights, hire someone who understands them.