Bill Summary: H.3967 would limit the types of restraints used on pregnant people who are incarcerated and virtually eliminate the practice of shackling people during labor, childbirth, and postpartum recovery. The legislation applies to all incarcerated pregnant people, including those in local detention, except when there are reasonable grounds to believe the person presents an immediate, serious threat to self, staff, or others or poses a flight risk. Additionally, H.3967 would establish a reporting requirement for occurrences of shackling. If adopted, the legislation would decrease risks associated with this practice and increase the likelihood of positive outcomes for both parents and their newborn children.
We support this legislation and believe South Carolina should prioritize the well-being of incarcerated people in its care by abolishing the practice of shackling and expanding protections for people who are pregnant, in labor, giving birth, and recovering from childbirth.