Senate committee advances bill limiting restraints, expanding care for pregnant and postpartum inmates

Senate Bill 623, which would limit use of restraints on pregnant and postpartum inmates and require better prenatal and postpartum care in Arkansas correctional facilities, passed the Senate Judiciary Committee after amendment and unanimous voice approval.

The bill’s sponsor, Senator Jamie Scott (District 12), told the committee SB 623 “addresses the treatment of incarcerated women, particularly those who are pregnant or who have recently given birth,” and said it “limits the use of restraints on pregnant women … during labor, delivery, and postpartum recovery, except in an extraordinary circumstance where safety is at risk.” Scott said the bill also “requires access to appropriate prenatal and postpartum care consistent with medical standards,” mandates trauma-informed training for corrections staff and establishes reporting standards for restraint use.

Scott said the amendment the committee adopted was language provided “from the governor’s office last week via the Department of Corrections to make sure that they were okay with this bill.” Tony Rauch, chief legal counsel for the Arkansas Department of Corrections, answered committee questions about screening and counts: Rauch said the DOC performs pregnancy testing at intake and reported there are currently six inmates who are pregnant across DOC divisions, and noted recent deliveries.

Committee members pressed for more data on how many women are affected and whether pregnancies occur while incarcerated. Senator Ross asked how many pregnant inmates there are; Scott said she preferred that the Department of Corrections provide exact figures. Rauch said the DOC currently had six pregnant inmates and noted the number can vary; another committee member recalled a prior figure “just under 30” from work on earlier legislation two years ago. Members also discussed whether courts or diversion could reduce incarceration during pregnancy; Rauch said courts may order diversion but DOC is responsible for housing when incarceration occurs.

During closing, Scott said the bill “does not compromise safety” and that restraints would be used only when there is an “immediate and serious threat.” The committee adopted an amendment and then approved the bill on a voice vote. The sponsor noted the amendment came from the governor’s office and the Department of Corrections had reviewed it.

What’s next: The bill passed committee and will proceed to the Senate floor for further consideration. Committee members asked DOC staff to provide updated counts and additional operational detail as the bill moves forward.