"The first thing is, it's the right thing to do," Lewis said about the department's policy on not using restraints. But human rights advocates and medical organizations say they endanger the woman and her unborn baby because it increases the risk of falls, can delay treatment and put undue stress on mothers.Ī Georgia Department of Corrections policy, adopted in January, states that restraints should not be used on pregnant women, unless the inmate is deemed violent. Corrections officials use the shackles to prevent escape. One of the most contentious issues related to pregnant inmates is the use of restraints when the women are being transported or when they're in labor. In Cherokee County, arrangements are made with the local hospital or health department for monthly prenatal checkups, though more can be scheduled if indicated. In Fulton County, inhouse medical personnel have the authority to prescribe bed rest or prenatal vitamins. They declined further comment because of the pending suit. Clayton County jail officials have said she received adequate medical care. Balka's lawsuit says jail officials ignored a host of ailments, including dehydration and bleeding, in the days before she lost her baby. Pregnant women in county jails, who are typically awaiting trial and have yet to be convicted of any crime, may not have the same accommodations, as the amount of prenatal care varies from place to place. "The clinical staff is very compassionate so they can answer their questions," said Sharon Lewis, medical director of the Georgia Department of Corrections. There's an on-site ultrasound, and officials arrange for any outside services deemed necessary by physicians. The inmates, who have been convicted and are serving out sentences, see an OB/GYN weekly. In June, 48 mothers-to-be received services from nurses, who provide 24-hour care. Pregnancies among jailed women are often unplanned and high risk, affected by lack of prenatal care, poor nutrition and substance abuse.Īt the state level, all pregnant inmates are housed at Helms Transitional Center in Atlanta. Pregnant women constitute a vulnerable group in the criminal justice system, advocates say, one that carries a unique set of issues. In Cobb County, 11 pregnant women were in custody this month. The Fulton County jail housed 22 pregnant women in July. It's hard to get a handle on exactly how many pregnant inmates there are in county jails because the number is so fluid. In response to these discrepancies, several human rights organizations and lawmakers have called for a state law setting guidelines on how to handle expectant mothers who end up behind bars. Only half of the county jails in the Atlanta region have a written policy on whether restraints can be used on incarcerated pregnant women, and less than half outline specific guidelines for how to approach prenatal care or medical emergencies. The lawsuit, some say, highlights a problem in Georgia: While the state sets a protocol for how expectant mothers are to be treated in state prisons, it allows county jails to develop their own policies. Whether the death could have been prevented with proper fetal monitoring and adequate living conditions is the subject of a lawsuit filed against Clayton County and Sheriff Kem Kimbrough. Still, Inyx O'Neil Balka was declared dead 75 minutes later. Her cellmates sprang into action, banging on the bars to summon help for the 25-year-old, jailed for violation of probation for misdemeanor marijuana possession. Then Balka started screaming: She needed a nurse right away. Her cellmates thought it was little more than a case of indigestion. when pandemonium broke out.įor hours, DeShawn Balka, 5 1/2 months pregnant, had sat on a toilet in a Clayton County jail cell, complaining of nausea and stomach pain.
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