Pregnant Women and the Use of Corrections Restraints and Substance Use Commitment

Recent evolving trends in the United States legal system regarding how policies and laws are applied to pregnant women include concerns over the use of restraints or shackles in pregnant inmates and forced treatment or commitment of pregnant women for substance abuse. These topics raise many questions, such as: how violent are women, particularly pregnant women; what are the informed consent and treatment implications; and who is at risk of harm? In addition, questions have been raised regarding maternal versus fetal rights, especially when the mother uses substances during a pregnancy. We review legal decisions and organizational position statements and highlight ethics-related concerns. J Am Acad Psychiatry Law 43:359–68, 2015 In the United States and internationally, women are increasingly becoming incarcerated or involved with the legal system for violent and nonviolent crimes.1–4 This trend leads to questions about whether different policies and regulations are needed in the correctional system for female inmates than for male inmates. Two areas where this debate has bee