Pregnant Inmates Can No Longer Be Handcuffed or Restrained During Labor (CPC 3407)

On January 1, 2013, California Penal Code section 3407 became law. This law relates to the rights and care of pregnant inmates. Under Penal Code section 3407, if you are a pregnant inmate you no longer may be restrained by leg irons, waist chains, or handcuffs behind your body during labor. In addition, you may not be restrained by the wrists, ankles, or both during labor. You also may not be restrained while recovering from labor or after delivery. You may however be restrained during the delivery process if:

- Restraint is seen as necessary for your safety and security;
- Restraint is seen as necessary for the safety and security of the surrounding medical or prison staff; or
- Restraint is seen as necessary for the public.

Penal Code section 3407 applies if you are an adult or juvenile offender who is serving a prison sentence while pregnant. The law also ensures that you are told of the standards and policies to be followed when prior to delivery and that the Board of State and Community Corrections continues to review local prison facilities to ensure that the law is being followed.

Your personal freedoms are largely restricted if you are sentenced to jail time. If you or a loved one have been charged with a crime and are facing jail time it is important that you contact an experienced and knowledgeable defense attorney. The attorneys at Wallin & Klarich have been successfully defending clients facing criminal charges for over 40 years. We have offices in Los Angeles, San Bernardino, Riverside, Ventura and Orange County. Call us today at 1-888-749-0034 or fill out our intake form for immediate assistance. We will be there when you call.

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