1. Reproductive Rights and Justice of Incarcerated Women in Maryland Prisons
One of the most pressing issues within the discourse of reproductive rights is the
injustices that incarcerated women across the country face on a daily basis. It is crucial to
note that incarcerated women only make up about 7 percent of prison population1.
However, the rate of women entering prisons are growing twice as fast as male
incarceration rates, however the prison system is still behind on properly addresses the
reproductive needs of women. These injustices include being shackled while in labor,
inadequate access to sanitary napkins and OBGYN care, being unable to properly parent
their infants after giving birth, and most importantly, poor access to abortion care and
other reproductive options. Along with incarcerated women, girls that are currently in
Maryland’s juvenile systems also face various problems in receiving proper reproductive
health care. With the number of women in prison increasing at a faster rate than their
male counterparts, it is crucial that the needs of these women are appropriately addressed,
and the possible policy solutions to resolve these problems are analyzed.
Shackling in Maryland Women’s Prisons
The Healthy Births for Incarcerated Women Act (House Bill 27) was passed in
April 2014. The passing of the Maryland anti-shackling bill signified the jumpstart of
positive changes within the realm of reproductive justice in women’s prisons. Maryland
followed the lead of other states that passed anti-shackling legislation such as Arizona,
California, and Florida. The language of House Bill 27 states that “prohibiting the use of
a physical restraint on an inmate while the inmate is in labor or delivery except under
certain circumstances; requiring the medical profession responsible for the care of a
certain inmate to determine when the inmate’s health allows the inmate to be returned to
a correctional facility after giving birth” 2. A major aspect of Maryland’s House Bill 27 is
that the Department of Public Safety and Correctional Services and the managing official
of a local correctional facility of a certain transport agency develop certain policies to use
at each correctional facility.
Although it may seem as though shackling is conducted as a public safety
measure, it is problematic. Shackling a woman’s wrists and ankles, especially while
pregnant, will restrict her mobility and cause a more painful labor experience. Shackling
also reduces oxygen to the fetus and may hinder breastfeeding. Having shackling on
inmates may also prevent physicians from properly preforming emergency procedures
during delivery. Shackling pregnant inmates is also unconstitutional and a direct violation
of human rights.
Although the Healthy Births for Incarcerated Women Act (House Bill 27) has
been enacted into law for over a year, there are still a few discrepancies within the bill.
Under the language that is maintained in the bill, the Department of Public Safety and
Correctional Services (DPSCS) is required to submit an annual report that records the
amount of pregnant women were shackled while in the custody of Maryland prisons3.
The Women’s Detention Center (WDC) in Baltimore City and the Maryland Correctional
Institution for Women (MCIW) fall under the supervision of DPSCS. From July to
November 2014, zero restraints were used on a known inmate, detainee, or offender at
WDC 3. At MCIW, zero restraints were used on a known inmate, detainee, or offender at
MCIW from July to November 2014 3.

2. Access to Abortion and OBGYN Care
https://www.americanprogress.org/issues/women/news/2014/05/22/90306/an-
anti-shackling-wake-up-call/