Jail no longer will restrain pregnant inmates

The Associated Press
• August 28, 2008

NASHVILLE, Tenn. (AP) — Pregnant inmates at Nashville’s jail will no longer be restrained, according to a policy change after an illegal immigrant said she was shackled during labor.


Davidson County Sheriff Daron Hall announced the changes this week. But he said pregnant inmates would still be restrained during trips to the hospital or court if they presented a danger to themselves or if there was credible information they might try to escape.

Last month, Mexican immigrant Juana Villegas was arrested on careless driving charges and detained at the jail. She said she went into labor July 5 and was taken to the hospital, where she was handcuffed to the bed by her right wrist and left ankle until shortly before the birth.


The sheriff said her treatment followed the jail’s old policies because her immigration status made her a medium-security inmate and they are restrained regardless of pregnancy.


Hall said in his opinion the old policy was ‘‘a little more than may have been necessary in every case.’’


Sheila Dauer, director of the women’s rights program at Amnesty International USA, said the policy change is more in line with international standards that call for restraints only if there is a danger of escape.


‘‘That seems pretty unlikely, especially if this is an inmate in labor,’’ she said. ‘‘That’s generally a pretty painful and engrossing experience.’’


A judge dismissed the charges against Villegas, but she could still face deportation.


‘‘When you boil this situation down from a correction standpoint, it’s not about immigration and it’s not about us,’’ Hall said. ‘‘It’s about how do we ensure that a person is going to be able to go through that experience and be sensitive to that experience and attend to our duty.’’


Hall, who is the president-elect of the American Correctional Association, said the policy change ‘‘puts the department out front’’ on an issue that other jails are experiencing.


The association recommends that correctional agencies consider the ‘‘age, gender, health and mental health status’’ of inmates when restraining them, and use the least restrictive and harmful method.
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Information from: The Tennessean, http://www.tennessean.com

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