County opposes pregnant inmate restraint changes

By Dan King

The state Legislature passed a bill in June that limits the use of restraints on pregnant inmates, but a majority of the Washington County Board of Supervisors feels the bill limits the capabilities of law enforcement.

Thirteen of the 16 supervisors present at last week’s board meeting voted to send a letter to Albany opposing the legislation, claiming that it left law enforcement with an unfunded mandate and that in order to comply with the law, the county would have to hire more law enforcement personnel, thus driving up the costs.

If signed into law by Gov. Andrew Cuomo, the bill would impact how pregnant prisoners are transported from Washington County Jail to a hospital delivery room or an OB/GYN. The bill would place strict limits on the use of restraints after two months of pregnancy, only allowing handcuffs in the front.

Greenwich Supervisor Sara Idleman, one of three women on the board, was adamantly against the county opposing the legislation, saying it has “a lot to do with human rights.” Despite discussing the issue at length, Idleman received support only from Granville Supervisor Matt Hicks and Hampton Supervisor Dave O’Brien.

“I support the overall goal of this bill,” O’Brien said during the meeting. “There are some limitations put on professionals by this bill though, in my opinion.”

However, other area supervisors and Sheriff Jeff Murphy were staunchly opposed to the bill.

“I agree restraints during labor is a little barbaric, but this is a little far-reaching,” said Hartford Supervisor Dana Haff.

Murphy added: “The opposition from the sheriff’s association, myself and most of the sheriffs across the state is more so that it was brought on by noncompliance with the 2009 law. If we’re compliant, we shouldn’t be punished for noncompliance. If there is noncompliance, they should go to the counties that aren’t compliant.”

Murphy said that in the past year 16 pregnant females had been transported to and from the OB/GYN in Warrensburg and that the use of restraints has been compliant with the 2009 law. Murphy added that he felt this bill would restrict law enforcement more when they are making an arrest than when they are transporting a pregnant prisoner to give birth, because that situation would be handled by the rescue squad.

“We booked a girl Wednesday who was eight months pregnant, addicted to heroin and crack. It’s not always easy,” he said. “We deal with some difficult people. This bill would really restrict the way we deal with it.”

When asked by Whitehall Supervisor George Armstrong how many officers are involved in transporting a pregnant inmate, Murphy said two when the woman is unrestrained and one when she is restrained. He added that the department avoids using restraints at all when possible.

“It’s a lot of officer’s discretion,” Murphy said. “It absolutely has to do with if there is a security risk.”