FRANKFORT, Ky. — Women in Kentucky are shackled to a gurney if they go into labor while in prison. While not an uncommon practice across the country, that may soon change in the Bluegrass.
The bill, described as "giving dignity" to pregnant women behind bars, was one justice reform that has people talking at the Capitol as the Republican majority took on issues involving race, gender and police wrongdoing.
Erika Eleson found herself on a horrifying situation in 2014, locked up and 6 months pregnant.
“When I went into labor, and I had a C-section, I was shackled to the bed during my surgery," she said.
She chose to put the baby up for adoption. Her substance abuse disorder had sent her life into a spiral.
“Today I’m safe, I’m stable, I’m able to give my kids something I never could before," she told the Kentucky Senate Justice Committee. “The most heartbreaking consequence of living substance abuse disorder is losing the ability to care for my children.”
Clean, sober, and leading a productive life, she shared her heartbreak with lawmakers hoping to give expectant mothers dignity behind bars.
Senate Bill 84 would give women 72 hours with their newborn before returning to prison, ban solitary confinement for pregnant inmates and allow for access to community-based programs to kick substance abuse. The bill would also provide social workers and allow for involvement in placing their child until their term is served.
The hearing took on more than just that subject, though.
“We’re trying to remove racial disparities in the justice system," said Senator Whitney Westerfield (R, District 3).
Lawmakers are also trying to level the scales when it comes to teens being charged as adults and close a loophole they said prevents punishment of some in law enforcement who commit sexual assault.
Justice committee members passed Senate Bill 3, which Chairman Westerfield said would tackle an issue that disproportionately impacts minority teens. It would give prosecutors and judges choice in how teens are charged if a firearm is involved in a crime.
Senate Bill 73 would give the Kentucky Commission on Human Rights extended deadline periods. They say that’s something they need due to staffing levels and an increase in cases.
The committee also passed SB 52, closing what they say is a loophole that prevents prosecution of police officers who have sex with those in their custody.
All of the plans must still clear the full Senate and House before the end of this “short” session of the General Assembly. Westerfield is confident all will make it in time.
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