Ohio Among Five States Considering New Rules for Pregnant Women in Custody
Ohio joins four other states considering legislation to reform treatment of pregnant women in jails and prisons, with measures addressing restraints and alternatives to incarceration.
COLUMBUS, OHIO — Ohio legislators are among those in five states considering new protections for pregnant and postpartum women in the criminal justice system, as part of a national movement to reform how expectant mothers are treated behind bars.
This year, lawmakers in Kentucky, Ohio, South Carolina, Utah, and Virginia have considered legislation that would change policies affecting pregnant people in jails and prisons. The proposed measures include expanding alternatives to incarceration during pregnancy, restricting the use of restraints during labor and delivery, and establishing stronger data collection requirements.
Recent Legislative Actions
Two states have already enacted new protections. Utah Governor Spencer Cox signed legislation in March that prohibits the shackling of pregnant and postpartum women and mandates that state correctional facilities track the number of pregnant people in custody, as well as incarcerated mothers with children under 18.
Virginia followed in April with two separate measures. One law requires correctional facilities to implement lactation policies for pregnant and postpartum incarcerated individuals by December 2028. The second allows courts to consider home or electronic monitoring programs for pregnant or postpartum women, with certain exceptions for specific cases.
Ongoing Legislative Efforts
The Kentucky legislature concluded its session without advancing similar legislation, leaving the fate of proposed reforms uncertain until the next legislative session. Details about the specific provisions under consideration in South Carolina and Ohio were not immediately available.
According to the Ohio Capital Journal, the various state proposals differ in scope and approach but share common goals of improving conditions and outcomes for pregnant women involved in the criminal justice system.
National Context
The legislative push reflects broader concerns about how the criminal justice system handles pregnant individuals. Current practices in many states allow the use of restraints during medical procedures and childbirth, which medical professionals and advocacy groups argue can pose risks to both mother and child.
The movement also addresses gaps in data collection, with many states lacking comprehensive tracking of pregnant people in their correctional systems. The Utah law’s requirement for detailed record-keeping represents an effort to better understand the scope and needs of this population.
As Ohio lawmakers continue deliberating their proposal, the state joins others considering whether current policies adequately protect the health and safety of pregnant women in custody. The outcome of these legislative efforts could significantly impact how expectant mothers experience incarceration and access to medical care while serving sentences or awaiting trial.
