Resistance Behind Bars: The Struggles of Incarcerated Women

NEW YORK—Making a surprise appearance at a protest held outside his mansion, New York Governor David Paterson promised a group of activists on Monday that he would sign legislation banning the chaining of incarcerated women who are giving birth.

One of the legislation’s two sponsoring officials, Assemblyman Nick Perry (D-Brooklyn), started to push the bill in 2001 after reading a news article about a woman ready to give birth who had her legs shackled together. The key to open the cuffs was not found until minutes before birth, said Barbara Dominique, staff of the assemblyman.

“That’s such an unsafe condition to be in while you are giving birth. It’s horrible that New York, out of all of the states, [is allowing this to happen],” said Dominique.

Shackling imprisoned women during labor in hospitals has been going on ever since home birth was replaced by hospital birth in the 1900’s according to Serena Alfieri, associate director of policy of the Correctional Association of New York’s Women in Prison Project.

Up to now, the Federal Bureau of Prisons, the American Correctional Association and four other states—California, Vermont, Illinois and New Mexico—have already adopted policies restricting the use of restraints on women giving birth.

The bill was passed in the New York State Assembly and State Senate in May, and now it is just waiting for the governor to sign.

The dozens of women at a rally outside of Governor Paterson’s office wore handcuffs to show the conditions jailed mothers-to-be go through. For some of them, it was a déjà vu of their own suffering.

Hazel Figueroa from Queens was jailed in Rikers Island for one year in 1998. At that time, she gave birth to her daughter.

“My experience is quite awful. Because living in jail and being pregnant is not … a nice experience,” she said.

She had to wait in the receiving room for hours before doctors arrived. While giving birth, she was chained.

“What woman is thinking to escape when she’s just in pain?”

State Senator Velmanette Montgomery (D-Brooklyn), another sponsor of this legislation, said that no woman—to her best knowledge—has tried to escape while giving birth in New York State.

Montgomery said that the passing of this legislation will eliminate the shackling of incarcerated women during labor altogether, bringing an end to this “tremendous risk.”

Another woman who went through such experience, Tina Reynolds, co-founder and executive director of Women on the Rise Telling Herstory (WORTH), was sentenced to 18 months in New York due to a drug crime 15 years ago.

While giving birth to her son in a hospital, she had one hand and one leg shackled to the stretcher although a female officer was present.

“I experienced the birth of my child. I just couldn’t believe the shackling was happening. And I was giving birth in front of a female officer who I didn’t know … I thought it was the worst, most oppressive, inhumane practice in the world,” said Reynolds.

After birth, the child accompanied her for nine months until she served her sentence. She had to breastfeed him while being chained as well. Before labor, she said that she was not informed what would happen to her baby after it was born.

Women like her could not complain, she said, since if they did, they would not be able to accompany their children in the nursery.

Her experience of giving birth during imprisonment was opposite of when she did it before jailing, which she described as “joyous” and “about the creation of life.”

Erica Knox from Brooklyn was also on Rikers Island, but in 1989. Unlike others, she was not shackled while giving birth, but immediately after. “They left me in a room alone. My water broke. I told them my water broke. They left me there for at least 30 minutes. I kept on telling them that the baby’s coming. So they put a sheet between my leg,” she said.

“As they were pushing me in, the baby was coming out right there. I was really going crazy. I was, I was scared, at first that I was by myself. I’ve never been by myself while having a baby.”

In the midst of recollecting the past, Governor Paterson showed up at the rally, bringing cheers to the crowd. He promised to sign the bill as soon as he receives the bill.

“What the bill is trying to stop was what we think is the inhumane treatment of people who are giving birth, even if they committed a crime, even if they are incarcerated. Because we also want to make sure of the safety of the child, who didn’t commit any crime,” he said.

His speech brought delights the all the advocates who have worked on this for a long time.

“Today is the day that all things change. And I’m just so happy,” said Reynolds.

Story plus photos here