Dignity for incarcerated women extended to juveniles

House poised to send governor bill to better protect incarcerated pregnant juveniles

HARRISBURG, Oct. 9 – State Rep. Morgan Cephas, D-Phila., today said she is pleased to see legislation (H.B. 1509) moving in the General Assembly that would build on current law to protect pregnant and postpartum incarcerated women to have it apply to incarcerated pregnant juveniles.

Cephas was the sponsor of a new law (H.B. 900, now Act 47 of 2023) that created important protections for pregnant and postpartum incarcerated women, including restricting shackling and solitary confinement; providing trauma informed care training of corrections officers interacting with pregnant and postpartum women; and providing up to three days of post-delivery bonding time between a mother and newborn child, among other protections.

She said the law was unintentionally silent on juveniles involved in the criminal justice system and is glad to see the provision clearly spelled out in H.B. 1509, as amended by the Senate. 

“For years, my colleagues and I have been fighting to get better prenatal, pregnancy and post-natal protections and support for incarcerated people in Pennsylvania as a matter of compassion and common decency,” Cephas said. “No one should be deprived of compassionate care or respect or be forced to risk the health of their child, even when they are a child themselves under the law.”

Cephas is co-chair of the bicameral Pennsylvania Black Maternal Health Caucus and former co-chair and current member of the bicameral Pennsylvania Women’s Health Caucus.

“It is extremely important for Pennsylvania to make sure we have protections in place for all pregnant people in our commonwealth, whether they are incarcerated, living in poverty, living in a healthcare desert or are unable to afford proper healthcare for themselves and their children,” Cephas said. “I will continue to fight alongside the Women’s Health Caucus and Black Maternal Health Caucus to make the health of pregnant individuals and their babies a reality in Pennsylvania.”

In addition to the provision for ensuring protections for incarcerated pregnant juveniles, the bill would allow county jail boards an option to include two to four members of the public on the board. Cephas said allowing local officials and residents of counties to have a board of inspectors could create space for reform that would benefit the communities these facilities are located in.

According to Cephas, the House will need to approve the changes made in the Senate before it can go to Gov. Josh Shapiro for his signature. The House returns to session on Oct. 21.