07.31.24

Durbin Questions Witnesses During Senate Judiciary Subcommittee Hearing Examining Medical, Physical, And Emotional Abuse Of Pregnant & Postpartum Incarcerated Individuals

WASHINGTON – U.S. Senate Majority Whip Dick Durbin (D-IL), Chair of the Senate Judiciary Committee, today questioned witnesses at the Senate Judiciary Subcommittee on Human Rights and the Law hearing entitled “Birth Behind Bars.” Today’s hearing examined the medical, physical, and emotional abuse experienced by pregnant and postpartum incarcerated individuals.

Today’s hearing included two powerful witness testimonials. Ms. Jessica Umberger testified to her experience being pregnant while incarcerated at Georgia’s Helms Facility, giving birth while incarcerated at Atlanta Regional Medical Center, and then being held in solitary confinement while postpartum at Lee Arrendale State Prison. Ms. Karine Laboy testified to her daughter Tianna’s experience giving birth into a toilet bowl at the Connecticut York Correctional Facility in 2018, and to her own experience as a parent during Tianna’s incarceration. Tianna was denied requested medical care, and following her baby’s birth, staff waited before calling 911, delaying emergency care for Tianna and her child, Niveah.

Durbin first began by acknowledging the severity of prison policies that harm pregnant or postpartum individuals as well as their newborns.

“After the drafting of the Constitution, a decision was made that there would be a Bill of Rights—ten provisions that are so basic and fundamental to the United States that they were set out in detail as part of our Constitution. The Eighth Amendment to the Constitution provides excessive bail shall not be required nor excessive finance imposed, nor cruel and unusual punishment inflicted. What have we heard today? If what we have heard is not cruel and unusual, God help me. I can’t imagine. To endanger the life of a new infant. To endanger the life of the mother,” said Durbin.

Durbin then began his questions by asking Carolyn Sufrin, M.D., Ph.D., Associate Professor of Obstetrics and Gynecology at John Hopkins School of Medicine, about the mental toll these policies have on the incarcerated individual.

“Dr. Sufrin, it seems it goes beyond the physical. Trying to measure the mental distress that Ms. Umberger, Ms. Laboy’s daughter, and others are going through at a time when they should be joyous, bringing new life in to this world. Can you speak to that issue?”  Durbin said.

Dr. Sufrin replied that 70 percent of incarcerated women have mental health conditions, even before adding the emotional stress of birthing behind bars. “When you add to that the trauma, the degradation, the physical harm, that compounds… that can cause additional harm and psychiatric and mental health conditions as well,” Dr. Sufrin said.

Durbin then spoke about the toll early childhood trauma takes on individuals in adulthood, including those in the carceral system.

“We think we are so enlightened, this generation of political leaders, myself included, because we speak in honest terms about mental illness, and treating it, making sure that our health insurance covers it. Being open about the aspect of trauma and what it does to a person’s mind… much of it is traced back to trauma that these young people experience in their early life. What I hear described today is the trauma that these two witnesses… have gone through in their lives,” Durbin said.

Durbin then asked Dr. Sufrin if she could think of any reason that a mother and child should be separated immediately following a birth.

“Can you give me any rationale for the removal of an infant from a new mother, so that she cannot nurse her or care for her personally?” Durbin asked.

Dr. Sufrin explained that she could not offer a scenario whether that would be acceptable. Durbin agreed, noting that only under extraordinary circumstances should a mother and child be separated.

Video of Durbin’s questions in Committee is available here.

Audio of Durbin’s questions in Committee is available here.

Footage of Durbin’s questions in Committee is available here for TV Stations.

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