Texas Senate Bill SB1846

Texas 2019 - 86th Regular

Caption

Relating to the use of restraints on a pregnant woman in the custody of the Texas Department of Criminal Justice.

Impact

This legislation primarily impacts the operational policies of the Texas Department of Criminal Justice regarding how pregnant inmates are treated during incarceration. The bill aims to protect the health and welfare of both the mother and the child during a sensitive time. By limiting the application of restraints, the bill reflects a growing recognition of the need to provide humane treatment to incarcerated individuals, particularly vulnerable populations such as pregnant women.

Summary

SB1846 addresses the use of restraints on pregnant women who are in custody of the Texas Department of Criminal Justice. The bill specifically prohibits the use of restraints on pregnant women during the later stages of their pregnancy, starting from the first trimester until after delivery, unless there is a determination of necessity by the director or their designee. The exceptions outlined include scenarios where restraints are deemed essential for the safety and security of the woman and her infant, as well as preventing escape attempts.

Contention

Notable points of contention surrounding SB1846 may involve debates on the safety and security implications of limiting the use of restraints. Supporters of the bill argue that it is essential to uphold the dignity and health of pregnant women, prioritizing their needs over security concerns. Conversely, some may argue that there are legitimate scenarios where restraints could be necessary to maintain order and safety within correctional facilities, raising questions about how to balance these competing concerns.