In Pregnant In Prison

Like many other Americans, I too am on the Orange is the New Black bandwagon, albeit a little late. While going through the episodes and without giving away any spoilers I began to have a lot of different thoughts about pregnant inmates, the experience of having a child while incarcerated and where said child ends up. This question ultimately led me to look into prison nurseries. There are currently only 9 states in the US that have a program that resemble a prison nursery, before the 1970’s most female prison facilities provided a form of nursery program for female inmates who gave birth while incarcerated. This topic brings about very strong emotions and firm ideals. A research paper published by William and Mary Law School titled, Jailing Black Babies, written by James G. Dwyer expresses concerns such as violating the infants 14th amendment and the lack of evidence of the benefits that prison nurseries have for the children. Kerstin Pagling notes the economical issues associated with mother and children prison programs. This essay will argue that prison nurseries are an essential human right because they allow for the essential mother-child bond to develop, as well as allow the mother to participate in her own rehabilitation for societal advancement.

Women adjusting to prison face numerous challenges as they navigate the complex social dynamics and power structures within the correctional environment. A lack of access to gender-specific resources and programs, limited healthcare services, and high rates of past trauma and abuse often shape their experiences. Despite these obstacles, many women develop coping strategies and form supportive relationships with other inmates to help them adapt to life behind bars. Women adjusting to prison deserve attention because they face unique challenges and circumstances that are often overlooked. From the lack of access to proper healthcare to the impact on their families, these women need specialized support to successfully reintegrate into society.

Mother Behind Bars examines a lot of inadequate policies and procedures that these states have in place for federal and state correctional facilities. This report card bring up the issue on prenatal care, shackling, prison nurseries, and family based treatment as an alternative to incarceration however in this paper I will focus on the restraints on these pregnant inmates. New Jersey received a grade of D for shackling policies. Besides New Jersey thirty-seven other states obtain a D/F for their failure to comprehensively limit, or limit at all, the use of restraints on pregnant women transportation, labor, delivery, and postpartum recuperation (National Women’s Law Center, 2010). The use of restraints can compromise the health and safety of the women and the unborn child. Shackling pregnant women is dangerous and inhumane; women prisoners are still routinely shackled during pregnancy and childbirth. The reason these women are shackled is for safety and security, despite the fact that shackling pregnant women is degrading, unnecessary and a violation of human rights some state still condone this practice.

Some of the challenges in the perinatal care in the correctional setting include lack of prenatal care prior to incarceration, drug or alcohol dependency, psychosocial problems or lack of outside family support, victim or transgressor of past abuse or violence and the psychological challenges of being incarcerated. For many women, the reality of being in the prison system can be devastating; the separation from family, which often includes their own children, and friends can cause depression, anxiety and fear. Personal physical safety is also a concern, as prison is often described as having its own “culture”, structure and hierarchy,

The problems at hand that the SIMARRA Act bill is proposing to address, involves child welfare issues, women’s health concerns, and a lack of protection and healthcare needs for these women and their unborn children within the criminal justice system. According to the bill, it has been propositioned to enhance the welfare and public health for incarcerated pregnant women and mothers by improving the effectiveness and efficiency of the Federal prison system, by establishing a pilot program of critical-stage, developmental nurseries in Federal prisons for children born to inmates, with risk needs assessments, and risk and recidivism reduction (H.R.5130, 2016). The bill is intended to focus and alleviate the lack thereof adequate care, stress, and hazardous health practices that incarcerated mothers are experiencing with their infant babies, while also monitoring the health of these women. Both the mothers and infants are affected in these situations because the health of the mother has substantial

The data showed that between 2009 and 2010, 16.2 percent of women between the ages of 15-17 years old, 7.4 percent of women between the ages of 18-25 years old, and 1.9 percent of women between the ages of 26-44 years old had used illicit drugs while pregnant. The data also showed substance abuse during pregnancy among different ethnic and racial groups. African Americans had the highest percentage in 2010 at 10.7 percent. The next highest was the White population at 9.1 percent. Hispanics or Latino’s percentage was 8.1 percent and the Asian population had the lowest percentage at 3.5 percent (“Results from”, 2011).

Through the years, substance misuse in the United States has turned into an industrious issue influencing numerous people. In 2008, it was assessed that 17.8 million Americans beyond 18 years old where substance subordinate. Women who use medications during pregnancy can have an enduring impact on fetal. Medications can have an impact of maternal and child wellbeing, yet there are a lot of different variables, which influence it, poor social environment, nourishment, cleanliness, and sexual abuse. Regenerative interruption connected with heroin utilization has been shown in both and women and even low dosages of opiates can impede ordinary ovarian capacity and ovulation. The harm that goes hand in hand with substance utilization comes either straightforwardly from the impact of the medication itself or from issues identified with development and/or unexpected labor. The entanglements of jumbling components clamorous way of life, poor nourishment, liquor utilization and cigarette smoking influence the appraisal of the impacts of cocaine in pregnancy. In obstetric practice, 100% of pregnant women utilizing cocaine or heroin are cigarette smokers. Cigarette smoking is presumably the most well known manifestation of substance utilizes and is noteworthy corresponding considering ladies who use unlawful medications. Babies whose moms smoked in pregnancy have a tendency to have lower conception weights and diminished length, cranial and thoracic

Women entering prison during the first trimester verses the third trimester have different outcome in terms infant birth weight. Women who become incarcerated during their first trimester are likely to have infants born of normal birth weight. This is because prison systems are required to provide healthcare, which would include prenatal care, and three meals a day (Howard, Strobino, Sherman, & Crum, 2011). This

Research has identified that prison based substance abuse treatment for offenders differs greatly for males and females. Female offenders tend to have numerous triggers for their substance abuse with the research showing female offenders being significantly disadvantaged compared with male offenders when entering treatment programs (Messina, Grella, Cartier, & Torres, 2010). The following essay will summarise research conducted on the topic of substance abuse treatments for incarcerated females, looking at the research conducted by Messina et al. (2010), and how this research fits in with the available literature, and the contribution it has made to the field of research on the topic.

Approximately 80% of incarcerated women are mothers (Mapson, 2013). On average, the adult female offender is between the ages of 25 and 29. Historically, incarcerated women live with their children prior to incarceration and are the sole financial support for those children. When a mother is incarcerated over 80% live with relatives (mostly maternal grandparents) and about 20% live in foster care. Due to mothers being placed far from populated centers, more than half of mothers will not see their children while they are imprisoned. Women rarely see their children due to the child being in foster care or with family members that do not have the financial resources to travel for visits.

The rationality of those who support the punishment of addicted mothers focus on the idea that maternal conduct could lead to potential detrimental effects upon the fetus and that prosecution of such behavior would serve as both retribution for the fetus and as a deterrent. Whereas those who advocate for the pregnant women view this rational as not only impermissible but also unconstitutional as in current legal standing the fetus has no rights that usurp those of the pregnant woman (Stone-Manista, 2009, pp.823-856). Advocates also suggests that the breadth of forces that lead to drug use in pregnant women have a prevalent cultural and social foundation that the proponents for deterrence and retribution ignore in favor of strict scrutiny. This conflict between women’s rights and fetal rights has caused a paradigm in the prosecution of pregnant drug users as the interpretation of criminal sanctions argues over the definition of ‘child’ as encompassing fetuses in the definition would then lay the foundation for punishment for a woman’s conduct during pregnancy (Stone-Magnets, 2009, pp.823-856). Though currently it is unconstitutional and legally impermissible to prosecute women with state child abuse statutes in regards to drug use during pregnancy; advocates of fetal rights continue to follow

In the past thirty years, the incarceration of women has risen exponentially. Poverty, lack of access to education, abuse, addiction, mental health and parenting issues all impact women’s criminality and health before, during and after they are incarcerated (Hannaher, K., 2007). By 2010 there were nearly 206,000 women currently serving time in the criminal justice system. As the years go by, the numbers are constantly increasing (Women Behind Bars, 2015). The number of pregnant women incarcerated has also been on the rise. Most incarcerated women do not receive proper prenatal care before entering the criminal justice system. Because these women are from mostly poverty neighborhoods, they are more likely to endure domestic violence, poor

Assessing the consequences of our country’s soaring imprison rates has less to do with the question of guilt versus innocence than it does with the question of who among us truly deserves to go to prison and face the restrictive and sometimes brutally repressive conditions found there. We are adding more than one thousand prisoners to our prison and jail systems every single week. The number of women in prisons and jails has reached a sad new milestone. As women become entangled with the war on drugs, the number in prison has increased if not double the rate of incarceration for men. The impact of their incarceration devastates thousands of children, who lose their primary caregiver when Mom goes to prison.

For numerous years, prison officials applied the same type of treatment for men and women. In the last decade with the increasing number of women incarcerated, research shows that women have different physical and emotional needs. For example, women are more attached to their children that they are leaving behind, and some have histories of physical and mental abuse. The creation of two programs, Key Crest and Forever Free were created to help with women specific issues. Recent studies done by National Institute of Justice studies found that participants in these two programs stayed drug and arrest free for over three years. Participants were tested and interviewed once a year for three years. The studies also showed that the programs provided aftercare and treatment in areas that were not addressed in previous years. Even though both varied in their approach, they both recognized the many ways there were to treat the needs of women and how they differ from men. The studies also show that gender specific programs do help inmates reenter into society.

Mothers have a responsibility when giving birth to become a caregiver for the infant and prepare them for life. Women also learn while in the prison nurseries they learn how to interacted with their babies as well as how important the child’s developmental nature. Also, developing a bond between caregiver and infant is important in six months years of life when infants start to developed specific attachments to the mothers that play a hug role in the behavior and mental state of an infant. There are also problem in having infants in any prison system the developmental factor is critical in infants and having a prison environment can affect the infants in a negative way. Infants that are raised in a prison for two years are exposing to the prison system too soon, and can cause them to grow up with the mentality that prisons are normal.