Act 47 of 2023, the Dignity for Incarcerated Women Act, took effect Jan. 1, after passing the General Assembly in Harrisburg unanimously in both houses. The law amends and adds to Pa. Title 61 (Prisons and Parole). The prime sponsor was Rep. Morgan Cephas (D-Philadelphia); co-sponsors included Rep. Tina Davis (D-Bucks) and Rep. Mike Jones (R-York).

The law provides for several elements of humane treatment for women in state and county prisons, including bans on shackling pregnant women and on full-body searches of female prisoners by male guards. (If prisons use these practices, they must document and justify every instance.) It also requires prisons housing pregnant women - including SCI Muncy, SCI Cambridge Springs, and the Quehanna Boot Camp - to train corrections officers in those facilities in trauma-informed practices for interacting with pregnant women and women who have recently given birth.

“Ninety-five percent of those who are incarcerated will get out,” Rep. Jones told the Pa. House in his remarks during final consideration of the bill, “and we want to do everything we can to minimize that […] revolving door, and this goes a long way in treating these ladies with the dignity that all women deserve.”

Joe Welsh, executive director of the Lehigh Valley Justice Institute (LVJI), has been involved in civil rights advocacy, including criminal justice issues, for decades. “Some of the most important things in the bill”,” he told the Bethlehem Press, “are the training provisions for jail staff that want to do the right thing. I think it’s important for them to understand, particularly if they’ve never given birth, or been around when a person significant in their life gave birth, what’s going on.”

In a statement to the press, Rep. Cephas commented, “For years, my peers and I have been fighting to get prenatal, pregnancy and postnatal protections and support for those incarcerated in the commonwealth. The final passage of this legislation lifts my soul because it is an act of compassion and common decency […] I am delighted to see this become a reality for Pennsylvania and appreciate the collaboration that brought us to this day.”

Rep. Jones also noted the length of time it has taken for these changes to become law.

“We have devoted years to making this right,” she said in a statement. “As the number of pregnant or postpartum incarcerated women rise, we must ensure they have the support that they and their babies need.”

Welsh of LVJI notes, “The legislative process almost by design is a long-term proposition to get something of value passed through the committee structures and the bicameral legislature. It is nice to see people reach consensus on things that should be no-brainers: You don’t shackle a woman giving birth.”

Welsh notes that reforms he would like to see would facilitate re-entry.

“I think that a jail resident should give birth in the jail only under the most compelling circumstances,” he said. “I think they should give birth in a hospital. I think, to the extent that the father of the child is involved, wants to be involved, they should be present.”

“This takes you back to re-entry,” he explains. “We want people to come back to stable households. So if you’re telling the father, you can’t be there for the most important moment in your life, and bond, we’re literally breaking the family up.”

Broadly speaking, LVJI supports the concept of re-entry preparation that begins as soon as a person is incarcerated. LVJI recently came out in support of the partnership between Lehigh County and PennDOT to help inmates obtain photo identification while incarcerated. Welsh also recommends bringing other community resources into jails.

“Take that time when the person is incarcerated,: Welsh recommends, “and use it to the benefit of everybody: the jail resident and the community which they will be re-entering.”