Legislation that would limit the use of solitary confinement on pregnant women and new mothers in prison or jail was advanced by the House Judiciary Committee without dissent on Thursday.
House Bill 1470, by Rep. Jamie Scott, D-North Little Rock, is the result of an agreement reached between lawmakers, the Arkansas Department of Corrections, the Division of Youth Services and local activists to limit the isolation of pregnant women in custody, Scott said.
The bill would prohibit the use of solitary confinement on pregnant women in adult lockup for more than 30 days, unless the woman has attacked another prisoner or guard or is at "substantial risk" to do so.
The restriction would also apply to women who gave birth within the past month, who are breastfeeding or who are under a physician's care for postpartum depression.
Prisons and jails would only be allowed to place pregnant women in isolation for any period of time if they are determined to be a danger to themselves or their unborn child, another person or the "safe and secure" operations of the lockup.
"Evidence shows that pregnant prisoners in solitary confinement have less access to prenatal health services, including some cases [where they] are unable to request emergency medical care," Scott said. "This is especially the case in Arkansas where the lack of access to these services have caused us to be rated fourth-highest in maternal mortality and the third highest [in] infant mortality rate in the nation."
At juvenile lockups, Scott's bill would also bar the use of solitary confinement on a pregnant inmate or new mother, unless they posed an imminent threat.
Legislation run by Scott in 2019 and signed into law by Gov. Asa Hutchinson already barred the use of solitary confinement at youth lockups in most circumstances.
Corrections Secretary Solomon Graves told the House Judiciary Committee that HB1470 reflects policy that is already in place at the state's adult prisons.
"It's reflective of our shared goal to reduce the use of restrictive housing within our system," Graves said.
According to a report released by the department last year, there are generally between seven and eight pregnant women incarcerated in the state prison system at any given time. Those women are held at the J. Aaron Hawkins Center at the Wrightsville Unit, which is also equipped with a lactation room for breastfeeding prisoners.
Women who give birth while in prison are separated from their newborns within one or two days, but are allowed to send breast milk back to their child.
Scott said county sheriffs, who operate jails, were informed about HB1470 and did not raise any objections.
The bill now heads to the House for consideration.