A surprising number of incarcerated women experience pregnancy during their prison sentence. Gathering diverse, nationally representative data regarding incarcerated pregnant women allows for a better understanding of what types of care they are provided, as well as the guidelines that are necessary for improving maternity care in the U.S prison systems. Here’s everything you need to know about the rights and statistics of pregnant women in prison.
Pregnant Women in Prison: Statistics
According to a study published by The American Journal of Public Health, collected data showed that 3.8 percent of newly admitted women and 0.6 percent of all women were pregnant. Furthermore, the study demonstrated that in a single year, incarcerated women had 753 live births, 46 miscarriages, 11 abortions, and 4 stillbirths. Other sources including researchers from Johns Hopkins Medicine have stated that almost 1,400 pregnant women were admitted to 22 U.S. state and all federal prisons in a recent year.
Though research is still being conducted on the number of incarcerated pregnancies, the level of appropriate medical care offered for these women is still heavily debated. With the percentage of women in prisons increasing in recent decades, there should be adequate resources for receiving medical care and attention. Analyzing prison pregnancy data is critical in ensuring that pregnancy-related health resources are optimized for incarcerated women and their newborns. Women entering correctional facilities are also often in very poor health as a result of factors such as higher poverty rates and substance abuse. Given these numerous difficulties incarcerated pregnant women face, their pregnancies are often considered to be high risk. Despite this, the prison correctional system has failed to adapt to the large increase in incarcerated women, as discussed by Dr. Carolyn Sufrin in an NPR interview on incarcerated pregnant women.
What Rights Do Pregnant Women in Prison Have?
While the accessibility and quality of reproductive health care vary from prison to prison, it is still important to remember the rights incarcerated pregnant women are entitled to. In compliance with the Eighth Amendment of the U.S. Constitution, the ban on cruel and unusual punishment consequently requires prisons and jails to provide pregnant women in prison with access to medical care. Furthermore, as explained in a report by the ACLU, there are specific standard practices in place regarding correctional health care and incarcerated pregnancies. For example, the NCCHC standard titled “P-G-07: Care of the Pregnant Inmate” details how pregnant women are entitled to timely and appropriate medical care, specialized obstetrical services, and postpartum care.
Additionally, in 2009 the 8th Circuit of Appeals ruled that women in labor have the right to not be shackled. On an individual state level, twenty-one separate states have standards relating to both health care for pregnant inmates and possible abortions. On a national level, there are several federal agencies that have policies in place for regulating the use of restraints on pregnant women in prison, as well as the accessibility of healthcare to pregnant inmates.
Opportunities for Improvement in Treatment
Despite standards of care being in place on both national and state levels, pregnant women in prison are still in need of improved medical assistance and care, as it is imperative to ensure their wellbeing and that of their newborns. There need to be more specific and inclusive policies for pregnant women in prison, covering elements such as provisions for adequate nutrition and prenatal care. Having more focused guidelines for treating pregnant inmates codified in policy would aid in protecting against negative health outcomes, such as miscarriages and low fetal birth rates.
Related: Women’s Healthcare During Incarceration
As previously mentioned, all prisons and jails in the United States are required to provide prenatal care under the Eighth Amendment to the Constitution. However, there are no detailed federal standards or regulations regarding the types of treatment being offered, or how the women are actually receiving the care they need. Reports of incarcerated women being forced to experience labor alone and without medical attention are far too common. For pregnant women in prison, codifying policies and practices that outline offerings of specialized treatment and the process for receiving such treatment would be a long-term solution for maintaining the wellbeing of both incarcerated women and their newborns.
Related: Women’s Reproductive Rights in California
FAQs About Pregnant Women in Prison
How do voluntary accreditation programs do for incarcerated pregnant women?
Though prisons and jails are constitutionally required to provide health care, there are no mandatory standards or requirements in place for data reporting. Voluntary Accreditation programs, such as the National Commission on Correctional Health Care (NCCHC) and the American Correctional Association (ACA) accredit these institutions’ health care services. This ensures that facilities are meeting nationally accepted standards through a recognized accreditation program.
What access to abortion is provided to incarcerated pregnant women?
Incarceration does not mean a woman is denied the right to access abortion. However, many heterogenous policies and practices lead to unreliable abortion resources for inmates. Certain states have no official policy at all for pregnant women in prison seeking an abortion, while others have more detailed protocols for providing these resources.
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