SPRINGFIELD – To unify the policies and procedures in jails and prisons in Illinois keeping new and expectant mothers safe. State Senator Mary Edly-Allen worked alongside the Women’s Justice Institute (WJII) to introduce a new law, HB5431, providing comprehensive protections for committed pregnant people, including banning the use of restraints. As the number of incarcerated pregnant women has increased over the years, many of these pregnancies have been left without adequate support.

“This law aligns every jail and prison in Illinois to have safe policies and procedures when it comes to pregnant and postpartum incarcerated individuals,” said Edly-Allen (D-Libertyville). “I am proud to see Illinois strengthen protections and ensure these policies are equitably and humanly applied under this law.”

According to the Journal of the American Academy of Psychiatry and the Law, the negative impacts of restraints used during pregnancy are wide-ranging and detrimental. Restraints increase the risk of falls and injuries, can limit mobility, delay medical assessments during emergencies, increase the risk of blood clots, and interfere with labor, delivery and mother-infant bonding.

House Bill 5431 prohibits the use of restraints on pregnant and postpartum individuals in correctional facilities and requires supplemental nutrition for incarcerated individuals who are pregnant and breastfeeding. Further, to better understand the scope of pregnancy and care at jails and prisons, this legislation requires annual reporting on the number of pregnancies, births and miscarriages at each facility.

"Working with the Women's Justice Institute to pass meaningful legislation, such as HB5431, that creates a uniform process for women who are pregnant, giving birth, or postpartum while incarcerated in jails or prisons in Illinois was what I envisioned as I gave birth to one child while on electronic monitoring, and carried another child while on an electronic shackle,” said Shanice Page, a care coordinator and reclamation specialist at the Women’s Justice Institute. “Any form of shackling a pregnant woman is inhumane. It was difficult for me to get permission for something as simple as a regular prenatal visit or get permission for movement while in labor. An ankle monitor is a shackle, and women should not be shackled during labor.”

House Bill 5431 was signed into law Friday, Aug. 2, 2024 and goes into effect Jan. 1, 2025.