Pennsylvania House Bill HB900

Pennsylvania 2023-2024 Regular Session

• Introduced: 4/12/23
• Refer: 4/12/23
• Refer: 6/6/23
• Report Pass: 6/13/23
• Engrossed: 6/13/23
• Refer: 6/26/23
• Refer: 12/12/23
• Report Pass: 12/12/23
• Refer: 12/13/23
• Report Pass: 12/13/23
• Enrolled: 12/14/23
• Chaptered: 12/14/23
• Passed: 12/14/23

Caption

In general administration, further providing for State recording system for application of restraints to pregnant prisoners or detainees; in county correctional institutions, further providing for county recording system for application of restraints to pregnant prisoners or detainees; providing for Department of Human Services facilities; and, in miscellaneous provisions, further providing for healthy birth for incarcerated women and providing for restrictive housing prohibited for pregnant or postpartum incarcerated individuals and detainees, for cavity search and inspection restrictions, for training and education requirement, for feminine hygiene and incontinence products and for postpartum recovery.

Impact

The introduction of HB 900 has significant implications for the state of Pennsylvania's correctional laws, particularly how they govern the treatment of vulnerable populations. By emphasizing the elimination of restraints on pregnant individuals and prohibiting them from being placed in restrictive housing without rigorous justification, the bill seeks to protect the health and wellbeing of both the incarcerated individuals and their newborns. Furthermore, it reflects a broader shift in correctional policy towards more compassionate and humane treatment standards for women, especially those who are pregnant or postpartum.

Summary

House Bill 900 aims to amend existing legislation regarding the treatment of pregnant and postpartum incarcerated individuals in Pennsylvania. It establishes a framework for humane treatment, imposing strict guidelines on the use of restraints during pregnancy, labor, and postpartum recovery. The bill specifically prohibits the use of restraints on pregnant individuals unless there is a substantiated belief that they pose a risk of harm or imminent flight. Additionally, it mandates that correctional facilities provide necessary hygiene products, such as menstrual hygiene and incontinence products, to all incarcerated women and guarantees postpartum recovery provisions without the use of restraints.

Sentiment

Overall sentiment surrounding HB 900 appears to be positive, especially among advocates for incarcerated women's rights and health rights organizations. Proponents argue that these changes are necessary to ensure the dignity and health of pregnant individuals in custody, which historically have been neglected. However, there may be concerns from law enforcement or corrections officials about how these changes could impact safety and security protocols within correctional facilities. This dual sentiment creates a vibrant discussion regarding the balance between the safety of incarcerated individuals and the moral imperatives of humane treatment.

Contention

Notable points of contention include the debate on whether the restrictions on the use of restraints could compromise security needs in correctional settings. Critics may argue that such measures could encourage risky behavior among some incarcerated individuals who might feel they can act without fear of restraint or oversight. Additionally, the provision that mandates education for staff regarding trauma-informed care indicates an effort to address the psychological needs of incarcerated individuals, which may also attract scrutiny regarding implementation practices and training adequacy. The bill underscores an ongoing conflict between the aims of rehabilitation and institutional safety.