CT #4

These assignment will cover the reading material for that week. The assignment will be two full pages, single-spaced, 12-point font, 1” margins, no heading. I only want your name at the top and nothing else; again, two FULL pages, which will be between 1300-1400 words in length.

There is no prompt. These assignment will include your thoughts on the assigned reading; there is no prompt. It is expected that the assignment will be well edited, thoughtful, and written in true assignment format. Points will be deducted for short assignment, poor grammar, bullet points, and the like. The assignment will be checked with turnitin.com, so do not collaborate with others. Quotes from the book can be used but should not be the majority of your assignment and should be marked as quotations so as not to plagiarize. The assignment should not show more than 10% match with other sources in Turnitin.com.  If so, points will be deducted.

These assignment can include: personal stories of experiences you have had related to this section, information from the research you found in the books that sheds more light on the topic, questions/arguments about the reading you want to bring to light, thoughts on applications of the material to your own life, etc. This is your time to show you thorough read the material and understand it.

**DO NOT use Grammarly, ChatGPT, SpinBot or any outside software to help write these assignment or a 0 will be given. 

Mallicoat, Women, Gender, and Crime Core Concepts, Second Edition
Chapter 11: Women, Gender and Incarceration

1

Historical Context of Female Prisons (1 of 6)
Horrendous conditions in prisons.
Incidents at Auburn State Prison.
Death of a pregnant woman.
Incarcerated women of Mount Pleasant.

Mallicoat, Women, Gender, and Crime Core Concepts, 4e. © 2024 SAGE Publishing.
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11.1. Historical trends in the incarceration of women.

Historical Context of Female Prisons
Horrendous conditions in prisons:
Prior to the development of the all-female institution, women were housed in a separate unit within the male prison.
The conditions in these units were characterized by excessive use of solitary confinement and acts of physical and sexual abuse by male inmates and guards.
Women received few or no services in these units.
Incidents at Auburn State Prison:
Women were housed together in an attic space.
They were unmonitored and received meals from male inmates.
The interactions led to many prison-related pregnancies.
Death of a pregnant woman:
A pregnant woman named Rachel Welch died in 1825 due to the beating by a male guard.
This incident led to significant changes in the housing of incarcerated women.
In 1839, the first facility for women was opened.
Incarcerated women of Mount Pleasant:
The Mount Pleasant Prison Annex was located on the grounds of Sing Sing which is a male penitentiary.
The facility had a female warden, but the oversight of the prison remained in the control of the male administrators of Sing Sing who understood little about the nature of female criminality.
Despite the intent to eliminate the abuse of women within the prison setting, the women at Mount Pleasant continued to experience high levels of corporal punishment and abuse at the hands of the male guards.
2

Historical Context of Female Prisons (2 of 6)
The efforts of Elizabeth Fry.
The work of other reformers.
The first standalone female prison.
Different models of women institutions.

Mallicoat, Women, Gender, and Crime Core Concepts, 4e. © 2024 SAGE Publishing.
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11.1. Historical trends in the incarceration of women.

Historical Context of Female Prisons
The efforts of Elizabeth Fry:
Fry, Elizabeth: a key figure in the crusade to improve the conditions of incarcerated women in the United Kingdom and an inspiration for the American women’s prison reform movement.
Conditions of squalor and high levels of abuse and neglect prompted moral reformers in England and the United States to work toward improving the conditions of incarcerated women.
Elizabeth’s work with the Newgate Prison in London inspired the American women’s prison reform movement.
Fry argued that women offenders were capable of being reformed.
She believed that it was the responsibility of women in the community to assist those who had fallen victim to a lifestyle of crime.
The work of other reformers:
Like Fry, many of the reformers in America throughout the 1820s and 1830s came from upper- and middle-class communities with liberal religious backgrounds.
The efforts of these reformers led to significant changes in the incarceration of women, including the development of separate institutions for women.
The first standalone female prison:
The Indiana Women’s Prison (IWP) is identified as the first stand-alone female prison in the United States.
It was also the first maximum-security prison for women.
When it was opened in 1873, it housed 16 women and by 1940, 23 states had facilities designed to exclusively house female inmates.
Different models of women institutions:
Women facilities across the United States reveals two different models of institutions.
They were custodial institutions and reformatories.

3

Historical Context of Female Prisons (3 of 6)
Custodial institutions.
Choice of institution and races.
Racial differences among prisoners.
Prison conditions in custodial institutions.

Mallicoat, Women, Gender, and Crime Core Concepts, 4e. © 2024 SAGE Publishing.
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11.1. Historical trends in the incarceration of women.

Historical Context of Female Prisons
Custodial institutions:
Custodial institutions: similar to male institutions, women are warehoused and little programming or treatment is offered to the inmates.
These women were typically convicted on felony and property-related crimes, with a third of women convicted of violent crimes.
Custodial institutions were more popular with southern states.
Choice of institution and races:
If a state had both a reformatory and a custodial institution, the distribution of inmates was made along racial lines.
Custodial institutions were more likely to house women of color who were determined to have little rehabilitative potential.
Reformatories housed primarily white women.
Black women were also sent to work on state-owned penal plantations under conditions that mimicked the days of slavery in the South.
Racial differences among incarcerated women:
Generally, women of color had committed less serious offenses compared to white women, but they were incarcerated for longer periods of time.
Since Black women were not held to the same standards of what was considered acceptable behavior for a lady, they were not deemed as in need of the rehabilitative tools that characterized the environments found at the reformatory.
Prison conditions in custodial institutions:
Prison conditions were characterized by unsanitary living environments, inadequate sewage and bathing systems.
Also, work conditions were dominated by physical labor and corporal punishment.
There was a lack of medical treatment for offenders, and solitary confinement for women with mental health issues was practiced.
4

Historical Context of Female Prisons (4 of 6)
Reformatory.
Spending an indeterminate time period.
Philosophy of the reformatory.
Improving conditions in custodial institutions.

Mallicoat, Women, Gender, and Crime Core Concepts, 4e. © 2024 SAGE Publishing.
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11.1. Historical trends in the incarceration of women.

Historical Context of Female Prisons
Reformatory: a new concept that saw incarceration as an institution designed with the intent to rehabilitate women from their immoral ways.
Spending an indeterminate time period:
Women were sent to the reformatory for an indeterminate period.
Sometimes, they were incarcerated for longer periods of time than their male counterparts and for the same offenses.
Philosophy of the reformatory:
The philosophy focused on improving the moral character of women.
Reformatories were mostly filled with white, working-class women who were sentenced for a variety of offenses like fornication, serial premarital pregnancies, etc.
Most of these offenses were public order offenses, and women were punished under the premise that such behaviors were not ladylike.
Improving conditions in custodial institutions:
Reformatories were meant to improve on the conditions that existed in many custodial institutions.
For example, reformatories were staffed with female guards as a response to the historical treatment of women by male guards.

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Historical Context of Female Prisons (5 of 6)
Instilling the values of society.
The Massachusetts Correctional Institution (MCI).
The California Institution for Women.
The shift in sentencing focus.

Mallicoat, Women, Gender, and Crime Core Concepts, 4e. © 2024 SAGE Publishing.
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11.1. Historical trends in the incarceration of women.

Historical Context of Female Prisons
Instilling the values of the society:
Reformatories were the first to provide treatment for female offenders.
These efforts have been criticized by feminist scholars, because this treatment was based on curing women who had violated the socially proscribed norms of womanhood.
The reformatory became a place that embodied an attempt by society to punish the wayward behaviors and autonomy of women and instill in them the appropriate morals and values of society.
The Massachusetts Correctional Institution (MCI):
It was one of the most successful reformatories during that time frame.
MCI possessed many unique characteristics like an all-female staff, an inmate nursery, hospital etc.
Several activities were provided to give women opportunities to increase their self-esteem, gain an education, and develop a positive quality of life during their sentence.
While MCI Framington is the oldest running prison still in use today, it bears little resemblance to its original mission and design.
Today’s version bears the scars of the tough-on-crime movement, has lost some of the characteristics that made Framington a unique example and mimics the structure and design of the male prisons located throughout the state.
The California Institution for Women:
During the 1960s, the institute was also known for its efforts in rehabilitation.
Women were sentenced to indeterminate terms of incarceration.
For parole decisions, offences and participation in various rehabilitative efforts during incarceration were considered.
But most of these programs were very gendered and offered little opportunity for sustainable income when out of prison.
The shift in sentencing focus:
By the mid-1970s, the focus on sentencing had shifted away from rehabilitation and back to punishment as a punitive and retributive ideal.
For instance, the passage of California’s Uniform Determinate Sentencing Act in 1976 meant that group and individualized counseling was no longer mandatory.
Few options for rehabilitation were available and were typically run either by community volunteers or by the inmates themselves.

6

Historical Context of Female Prisons (6 of 6)
The present situation of facilities.
Distance plays a significant role.

Mallicoat, Women, Gender, and Crime Core Concepts, 4e. © 2024 SAGE Publishing.
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11.1. Historical trends in the incarceration of women.

Historical Context of Female Prisons
The present situation of facilities:
Most states today have at least one facility dedicated to a growing population of female offenders.
The smaller incarcerated female population allow women’s prisons to house offenders of all security levels.
Distance plays a significant role:
These prison facilities are in remote areas of the state, far from the cities where most of the women were arrested and where their families reside.
The distance between an incarcerated woman and her family plays a significant role in the ways in which she copes with her incarceration.
It can also affect her progress toward rehabilitation and a successful reintegration.
But the large number of male facilities increases the probability that these men might reside in a facility closer to their home and this allows for an increased frequency in visitations by family members.

7

Women, Gender, and Incarcerated Populations (1 of 5)
Increased rate of incarceration.
Characteristics of women.
Reason behind increase in criminality.
Overrepresentation of Black women.

Mallicoat, Women, Gender, and Crime Core Concepts, 4e. © 2024 SAGE Publishing.
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11.1. Historical trends in the incarceration of women.

Women, Gender, and Incarcerated Populations
Increased rate of incarceration:
Since the 1980s, the number of women incarcerated in the United States has multiplied at a dramatic rate.
mandatory minimum sentences, and the war on drugs have had a dramatic effect on the numbers of women in prison.
Structured sentencing formats only led to the increases in the numbers of women in custody.
Characteristics of women in prison/jail:
For instance, the median age for women in prison is 33 while that of a woman in jail is 31.
Similarly, 33% of women in prison are white (against 36% in jail), 48% are Black (against 44% in jail), and 15% of women are Hispanic/Latino (same in jail).
High school/GED is 56% in prison and 55% in jail.
47% of women in prison are single and 62% are unemployed while these numbers stand at 48% and 60% in jail.
Mothers of minor children is 65% in prison and 70% in jail.
Reason behind increase in criminality:
Much of the rise in female criminality is the result of minor property crimes.
This reflects the economic vulnerability that women experience in society, or cases involving drug-related crimes and the addiction issues facing women.
Overrepresentation of Black women:
2020 census data notes that Blacks are 12.1% of the population, Hispanic/Latino make up 18.7%, and biracial individuals are 10.2%.
But the demographics of the state and federal prisons shows that women of color are significantly overrepresented behind bars.
Research shows that Black women today are being incarcerated at a greater rate (1.7 times more often than white women) than any other race or ethnicity.
Latinx women are incarcerated 1.3 times more often.

8

Women, Gender, and Incarcerated Populations (2 of 5)
Falling rate of incarceration.
Incarceration and offence types.
Role of LGBTQ status.
Prevalent sexual violence.
Mallicoat, Women, Gender, and Crime Core Concepts, 4e. © 2024 SAGE Publishing.
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11.1. Historical trends in the incarceration of women.

Women, Gender, and Incarcerated Populations
Falling rate of incarceration:
The rate of incarcerated Black women has fallen steadily since 2000.
In comparison, the rates of white and Latinx women are increasing.
Incarceration and offence types:
White women are typically incarcerated for property offenses.
Women of color are more likely to be incarcerated for violent and drug-related offenses.
Role of LGBTQ status:
Over one third of women in jails and prisons identify as lesbian or bisexual.
But less than 10% of men identify as queer in jails and prisons.
The rate of LGBTQ men and women in jails and prison is more than three times the rate of the U.S. population.
Individuals that identify as queer often receive longer or more severe sentences compared to cis-gender individuals.
In California, approximately 1% of the incarcerated population identify as either nonbinary, intersex, or transgender.
Prevalent sexual violence:
The rate of sexual violence is significantly higher in incarcerated populations.
Many inmates have reported that they have experienced sexual violence by either other inmates or staff while incarcerated.

9

Women, Gender, and Incarcerated Populations (3 of 5)
Housing arrangements and surgeries.
Poverty and incarcerated women.
Lack of education and training.
Limited educational opportunities.
Mallicoat, Women, Gender, and Crime Core Concepts, 4e. © 2024 SAGE Publishing.
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11.1. Historical trends in the incarceration of women.

Women, Gender, and Incarcerated Populations
Housing arrangements and surgeries:
In 2021, Senate Bill 132 took effect and allowed individuals to request housing assignments that match their gender identity.
Most trans women asked that they been housed in women’s prisons, not male institutions.
Additional legislation for transgender populations allows individuals to apply for gender-affirming surgery and for prisoners to change their gender and name on their prison records.
Poverty and incarcerated women:
Poverty is an important demographic of incarcerated women.
About 48% of incarcerated women were unemployed at the time of their arrest, which affects their ability to provide a sustainable environment for themselves and their children.
They also tend to come from impoverished areas, which is why they are involved in economically driven crimes like prostitution, and drug-related offenses.
Lack of education and training:
Many women struggle with limited education and a lack of vocational training, which places them at risk for criminal behavior.
Most women in state prisons across the United States have not completed high school and struggle with literacy challenges.
For instance, 29% of women in custody in New York have less than a fifth-grade reading ability.
Limited educational opportunities:
Many prisons provide only limited educational and vocational training thus leaving women ill prepared to successfully transition to the community.
For example, of the 64% of women who enter prison without a high school diploma, only 16% receive their GED, and only 29% participate in any form of vocational training while they are incarcerated.
10

Women, Gender, and Incarcerated Populations (4 of 5)
Large women population in jails.
Offense categories and conviction status.
Hardships after bail.
Ill-equipped and underfunded jails.
Mallicoat, Women, Gender, and Crime Core Concepts, 4e. © 2024 SAGE Publishing.
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11.1. Historical trends in the incarceration of women.

Women, Gender, and Incarcerated Populations
Large women population in jails: According to the Prison Policy Initiative, there were 101,000 women housed in local jails in 2019 and 60% of these women have not been convicted of a crime.
Offense categories and conviction status:
14,000 women are not convicted and 6000 are under the violent offense category.
19,000 women are not convicted and 13,000 are under the property offense category.
18,000 women are not convicted and 11,000 are under the drug offense category.
10,000 women are not convicted and again 10,000 are under the public order offense category.
300 women are not convicted and 200 are under other offense categories.
Hardships after bail:
When women are detained prior to conviction, this has significant implications for their lives.
women who are not afforded the opportunity for bail may be treated differently throughout the process.
Women who spent significant periods in jail may find that they have lost their homes, their jobs, and custody of their children during their absence.
Even with financial bail options, many women have lower incomes than their male counterparts, which further increases the hardship of bail.
Ill-equipped and underfunded jails:
Gender-responsive programming has been able to make some gains for community corrections and within prisons.
But jails are ill-equipped to deal with the needs that women enter with (addiction, trauma, etc.).
Jails are often underfunded and lack the resources to meet these needs.
These limited resources include a lack of adequately trained staff, appropriate housing options for high needs women, and limited medical programs.
For instance, women dealing with addiction will face withdrawal and detox in jails, but not all facilities offer medically assisted options for such women.

11

Women, Gender, and Incarcerated Populations (5 of 5)
The case of Kelly Coltrain.
Protecting pregnant women.
Impact of privatizing custodial care.
Mallicoat, Women, Gender, and Crime Core Concepts, 4e. © 2024 SAGE Publishing.
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11.1. Historical trends in the incarceration of women.

Women, Gender, and Incarcerated Populations
The case of Kelly Coltrain:
Kelly Coltrain was pulled over in 2017 for speeding and held at the Mineral County jail in Nevada for a suspended license and unpaid tickets.
Three days later, she died as a result of complications from drug withdrawal from opioids.
Despite policy that required the deputies to check on her every 30 minutes, she laid unresponsive in her cell for six hours and her family received $2 million in a wrongful death lawsuit.
Protecting pregnant women:
Women who are pregnant upon entry may not receive adequate medical screenings to assess the health of the mother or the baby.
Prenatal nutrition may also be insufficient.
In Florida, the Tammy Jackson Healthy Pregnancies for Incarcerated Women Act was passed in 2019 to protect the rights of incarcerated pregnant women.
The act requires facilities to transport women to the hospital at the start of labor.
Impact of privatizing custodial care:
Efforts to privatize custodial medical care has led to positive improvements in some jurisdictions.
But it can also have catastrophic effects as well.
This is possible given the number of women who may enter jails with untreated illnesses, suicidal ideation, and substance addiction.
12

Physical and Mental Health Needs of Incarcerated Women
(1 of 6)
Overcrowding impacts resources, services.
Overcrowding increases stress.
Adequate resources to be given.
Demand for mental health services.
Mallicoat, Women, Gender, and Crime Core Concepts, 4e. © 2024 SAGE Publishing.
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11.2. Contemporary issues in the incarceration of women.

Physical and Mental Health Needs of Incarcerated Women
Overcrowding impacts resources, services:
Rise in female prison population has led to overcrowding in many facilities.
This creates a strain on basic resources within the facility and impacts the delivery of services of women.
Overcrowding increases stress:
Overcrowding also can increase stress and anxiety levels.
This leads to increase in negative mental health issues, such as depression, self-harm, and suicidal ideation.
Adequate resources to be given:
Due to overcrowding women are unable to receive the treatment that they need, and staff may be unable to recognize when women are at risk for negative mental health issues.
Thus, it is important that prisons be able to provide adequate resources to screen for potential self-harming behaviors and develop necessary therapeutic resources to address these issues.
Demand for mental health services:
Women in custody face a variety of physical and mental health issues.
Incarcerated women are 3.7 times more likely to experience physical or sexual trauma when compared to other women.
Due to the high rates of abuse and victimization, the incarcerated female population has a high demand for mental health services.
Data indicates that 13% of women in federal facilities and 24% of women in state prisons have been diagnosed with a mental disorder.
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Physical and Mental Health Needs of Incarcerated Women
(2 of 6)
Higher rates of mental disorders.
Severe mental disorders.
Reasons for poor mental health.
Prescription psychotropic medications.

Mallicoat, Women, Gender, and Crime Core Concepts, 4e. © 2024 SAGE Publishing.
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11.2. Contemporary issues in the incarceration of women.

Physical and Mental Health Needs of Incarcerated Women
Higher rates of mental disorders:
Incarcerated women have higher rates of mental health disorders compared to men in prison and jails.
Access to psychiatric and mental health treatment is significantly limited within custodial facilities.
Severe mental disorders:
1 in 5 women meet the criteria for a severe mental disorder.
These include conditions such as major depression, bipolar disorder, and psychotic disorders.
These disorders not only impact the time in custody but are likely to struggle with reentry.
Reasons for poor mental health:
Pains of imprisonment, including the separation from family and adapting to the prison environment, can exacerbate mental health conditions.
Many offenders with life sentences often experience suicidal ideation on receiving this sentence.
Prison experience can exacerbate mental health conditions, such as depression, particularly in female inmates.
Also, women with limited support from family on the outside also experience suicidal ideation.
Prescription psychotropic medications:
In many facilities, the standard course of treatment involves prescription psychotropic medications.
These medications are often prescribed in excess and in lieu of counseling or other therapeutic interventions.

14

Physical and Mental Health Needs of Incarcerated Women
(3 of 6)
The example of Seroquel.
Drugs not readily available.
Not complying with medication protocol.
Improved mental health for some.

Mallicoat, Women, Gender, and Crime Core Concepts, 4e. © 2024 SAGE Publishing.
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11.2. Contemporary issues in the incarceration of women.

Physical and Mental Health Needs of Incarcerated Women
The example of Seroquel:
A study indicates that 21 of the 22 participants were given the prescription Seroquel which is used to treat bipolar disorder when only one of the women was officially diagnosed with bipolar disorder.
The manufacturer of Seroquel recommends that people who take this medication should be reassessed at regular intervals, but only few of the women received such treatment while in prison.
Drugs not readily available: While some drugs were readily available, the same did not hold true for all psychotropic medications.
Not complying with medication protocol:
Sometimes, prison doctors prescribe new drugs to the women rather than continue to offer prescriptions for drugs that had been effective in the past.
They do so to show their control over the patient because failure to comply with a prescribed medication protocol can be grounds for a disciplinary action while in prison, but such behaviors can also be used against an offender during a parole hearing.
Improved mental health for some:
Some women believe that their mental health status improves during incarceration.
They believe they are were appropriately medicated, were no longer using illicit substances, and were engaged in therapeutic support programs.
However, majority of women believed that their mental health issues exacerbated due to incarceration.
Many variables contributed to the mental issues.

15

Physical and Mental Health Needs of Incarcerated Women
(4 of 6)
Variables contributing to bad health.
Increasing rate of HIV patients.
HIV positive women in prison.
Increasing rate of hepatitis infections.

Mallicoat, Women, Gender, and Crime Core Concepts, 4e. © 2024 SAGE Publishing.
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11.2. Contemporary issues in the incarceration of women.

Physical and Mental Health Needs of Incarcerated Women
Variables contributing to bad health:
First, incarceration is a stressful experience and stress can increase feelings of anxiety and insecurity.
Second, most resources for mental health were focused on crisis intervention and not therapeutic resources.
Lifers felt that they were often placed at the end of the list and were denied services due to their sentence.
Many of the women felt degraded and abused by the staff, which added to their trauma.
Increasing rate of HIV patients:
Women in prison are more likely to be HIV positive compared to women in the community.
Statistics shows the increase in the rates of HIV-positive incarcerated women are higher than the rates of HIV-positive incarcerated men.
HIV positive women in prison:
Women who are HIV positive are more likely to have a history of sexual abuse, compared to women who are HIV negative.
However, the rates of HIV-positive women have declined since an all-time high in 1999.
Increasing rate of hepatitis infections:
The rate of hepatitis C infections has increased within the incarcerated female population with 20% to 50% of women in jails and prisons affected.
Hepatitis C is a disease that is transmitted via bodily fluids, such as blood, and can lead to liver damage if not diagnosed or treated.
Offending women run a greater risk given their involvement in sex and drug crimes.
Few prison facilities routinely test for hepatitis C, and treatment can be expensive due to the high cost of prescriptions.

16

Physical and Mental Health Needs of Incarcerated Women
(5 of 6)
Limited resources of treatment.
Desire for increased health education.
The need for drug treatment.
Prison-based drug treatment helps.
Mallicoat, Women, Gender, and Crime Core Concepts, 4e. © 2024 SAGE Publishing.
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11.2. Contemporary issues in the incarceration of women.

Physical and Mental Health Needs of Incarcerated Women
Limited resources of treatment:
Though the needs of women in prison are significant, there are often limited resources for treatment within the prison walls.
The staff are overwhelmed with the high number of inmates and many women believe that the prison environment puts them at risk for increased health issues.
This may be due to physical conditions of the prison and housing that combine healthy inmates with inmates suffering from chronic and communicable illnesses.
Desire for increased health education: Incarcerated women expressed a desire for increased health education on issues such as prevention, diet, and exercise.
The need for drug treatment:
Many women that come to prison on drug-related charges, or whose criminal activity is related to their drug use need this treatment.
Thus, the demand for drug treatment in prison is high.
Prison-based drug treatment helps:
Women are more likely to participate in prison-based drug treatment.
Participating women have lower rates of recidivism over the long term.

17

Physical and Mental Health Needs of Incarcerated Women
(6 of 6)
The therapeutic community (TC) model.
Inadequate resources for women’s needs.

Mallicoat, Women, Gender, and Crime Core Concepts, 4e. © 2024 SAGE Publishing.
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11.2. Contemporary issues in the incarceration of women.

Physical and Mental Health Needs of Incarcerated Women
The therapeutic community (TC) model:
Many of the drug treatment programs in prison have been based on therapeutic community (TC) models.
The TC model is designed to provide individuals with tools to help them live a drug-free lifestyle.
TC programming may not adequately address some of the gender-specific needs of the female incarcerated population.
Research has shown that women in the gender-specific drug treatment program were more likely to stay away from drugs for longer and were more successful on parole compared to those who participated in a TC program.
Thus, research indicates the importance in offering programs designed with the unique needs of women in mind.
Inadequate resources for women’s needs:
Women inmates have a higher need for treatment that male inmates both in terms of prevalence and severity of conditions.
But the prison system is limited in its resources and abilities to address these issues.
For example: most facilities have inadequate staff and tools to address gynecological issues.
Women also have higher rates of chronic illnesses than the male population.
But the demands for these services significantly outweigh their availability.

18

Children of Incarcerated Mothers: The Unintended Victims (1 of 6)
Incarcerated mothers.
Issues faced by children.
Hard to retain physical ties.
Entering prison as pregnant women.
Mallicoat, Women, Gender, and Crime Core Concepts, 4e. © 2024 SAGE Publishing.
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11.2. Contemporary issues in the incarceration of women.

Children of Incarcerated Mothers: The Unintended Victims
Incarcerated mothers: have a significant effect on children. The geographical location of the prison and length of sentencing determine whether mothers can have ties with their children; in many cases, the children are either cared for by family members or are placed in foster care.
Issues faced by children:
Children of incarcerated mothers (and fathers) deal with a variety of issues.
These issues stem from loss of a parent, including grief, loss, sadness, detachment, and aggressive or at-risk behaviors for delinquency.
These children are also at a high risk of ending up in prison themselves as adults.
Hard to retain physical ties:
The location of many prisons makes it hard for children to retain physical ties with their incarcerated mother.
More than two-thirds of incarcerated mothers have children under the age of 18 but only 9% of these women will ever get to be visited by their children while they are incarcerated.
Entering prison as pregnant women:
Estimates indicate that approximately 6% of women in jail, 4% to 5% of women in state prisons, and 3% of women in federal prison are pregnant when arrested.
These women face high levels of stress over how incarceration will affect them and their children.

19

Children of Incarcerated Mothers: The Unintended Victims (2 of 6)
Concerns about prenatal care.
Separation from newborn.
Example : Giving birth during incarceration.
Shackling in pregnant women.
Mallicoat, Women, Gender, and Crime Core Concepts, 4e. © 2024 SAGE Publishing.
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11.2. Contemporary issues in the incarceration of women.

Children of Incarcerated Mothers: The Unintended Victims
Concerns about prenatal care:
One concern among pregnant women is the quality of prenatal care that she might experience behind bars.
Women are concerned about how their physical health before and during their incarceration will impact their unborn child.
Separation from newborn:
Most pregnant women in prison return within a few days without their new baby.
This separation can lead to mental health complications for the mother.
Women may also be concerned about who will care for their child and fear they will miss out on the physical and emotional connections that mothers traditionally experience with a new baby.
Example : Giving birth during incarceration:
Consider the following scenario to understand how giving birth while incarcerated can be a traumatizing experience.
A nurse attends to one of her patients who is in active labor and is ready to deliver her baby.
The correctional officer removes the women’s leg shackles and hand cuffs and immediately replaces them after the baby is born.
Shackling in pregnant women:
Currently, 23 states do not have laws that prohibit the use of shackling of pregnant women though there are international policies that prohibit their use.
In 2006, the United Nations stated that the use of shackles during childbirth violated international standards.
In 2010, the UN adopted the Bangkok Rule 24, which prohibits the use of restraints during labor and birth.
President Trump signed the First Step Act in 2018 and it prohibits the use of restraints on pregnant women housed in Federal prisons.

20

Children of Incarcerated Mothers: The Unintended Victims (3 of 6)
The law varies within states.
Concerns from other organizations.
Recent laws against shackling.
Slow response from some jurisdictions.
Mallicoat, Women, Gender, and Crime Core Concepts, 4e. © 2024 SAGE Publishing.
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11.2. Contemporary issues in the incarceration of women.

Children of Incarcerated Mothers: The Unintended Victims
The law varies within states:
Within the states that prohibit the practice, there is significant variability of the law.
Some states prohibit shackles only during labor and delivery.
Rhode Island prohibits the use of restraints at any time during the second and third trimester and postpartum.
Concerns from other organizations:
Organizations like the American Congress of Obstetricians and Gynecologists and the American Medical Association, have expressed concerns over these policies.
This is because these policies can lead to health risks to both the mother and her baby.
For instance, if a woman is shackled it can be difficult for hospital staff to assist a woman during a normal childbirth experience.
It may cause potentially disastrous effects for both the woman and her baby.
Recent laws against shackling:
In the past years, several states have passed new laws that forbid the practice of shackling female inmates during delivery.
For example, Florida recently abolished the use of shackling of any pregnant woman during labor and delivery, the first such law in a southern state.
California passed a law that prohibits the use of shackles, handcuffs, or belly chains during childbirth.
Slow response from some jurisdictions:
Some jurisdictions have been slow to respond to new laws in their jurisdiction.
In 1999, Illinois outlawed shackling inmates during labor.
But the practice continued up until 2012 at places such as the Cook County Jail in Chicago.
Eighty women filed a case that they were unnecessarily shackled during birth and recovery and were awarded 4.1 million dollars in damages.

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Children of Incarcerated Mothers: The Unintended Victims (4 of 6)
Integrated prison nurseries.
Unique prison nursery programs.
Criticism about prison nursery programs.
Benefits of prison nursery programs.
Mallicoat, Women, Gender, and Crime Core Concepts, 4e. © 2024 SAGE Publishing.
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11.2. Contemporary issues in the incarceration of women.

Children of Incarcerated Mothers: The Unintended Victims
Integrated prison nurseries:
To improve the emotional well-being of the mother and bonding between a mother and her infant, 9 states have integrated prison nurseries into their facilities.
These facilities allow women to remain with their infant children for at least part of their sentence.
The oldest prison nursery program at Bedford Hills Correctional Facility in New York was founded in 1901.
It is the largest in the country and allows 29 mothers to reside with their infant children.
Women who participate in these prison nursery programs take classes on infant development and participate in support groups with other mothers.
The unique prison nursery program:
Most programs limit the time that a child can reside with his or her mother (12 to 18 months).
But the Washington Correctional Center for Women is unique in that it allows children to remain with their mothers for up to 3 years.
Other states allow overnight visits with children, either in special family units on the prison grounds or in specialized cells within the facility.
At Bedford Hills, older children can participate in programs at the facility with their mothers and this help families repair and maintain ties between a mother and children throughout incarceration.
Criticism about prison nursery programs:
Some people suggest that prison is an inappropriate place for children.
But separation can have detrimental effects as children of incarcerated mothers are more likely to have educational challenges and limited emotional attachments.
There is the cycle of incarceration because children of imprisoned parents have an increased risk toward delinquent and criminal behaviors.
Benefits of prison nursery programs:
Programs such as the mother-baby nurseries help end the cycle of incarceration for both the mother and child.
They also assist in the reduction of recidivism once a woman is released from custody.
Not many prison administrators are aware of the benefits that a prison nursery can supply.

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Children of Incarcerated Mothers: The Unintended Victims (5 of 6)
Additional concern about these programs.
States without programs for children.
Role of extended family members.
Placing children in foster care.
Mallicoat, Women, Gender, and Crime Core Concepts, 4e. © 2024 SAGE Publishing.
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11.2. Contemporary issues in the incarceration of women.

Children of Incarcerated Mothers: The Unintended Victims
Additional concern about these programs: Additional concerns involve the costs of implementing such a program and a belief that prison was an inappropriate place for children.
States without programs for children:
The concept of the prison nursery and programming for children of incarcerated mothers helps promote the bond between parent and child but not all states have these programs.
Majority of women in the criminal justice system are the primary custodial parents for their young children and must determine who will care for their children while they are incarcerated.
Role of extended family members:
Some women have a husband or children’s father to turn to for assistance.
However, many seek the help of extended family members, including grandparents.
Seventy-nine percent of children who have an incarcerated parent are raised by an extended family member.
Placing children in foster care:
When an extended family member is unable or unavailable to care for a woman’s minor child(ren) then social services will place them in foster care.
When a woman faces a long term of incarceration, the Adoption and Safe Families Act of 1997 terminates the parental rights in cases where children have been in foster care for 15 months.
This implies that many incarcerated women will lose their children if a family member is unable to care for them while the mother serves her sentence.
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Children of Incarcerated Mothers: The Unintended Victims (6 of 6)
Maintaining connections is important.
Family members help to connect.
Programs for effective parenting skills.
Mallicoat, Women, Gender, and Crime Core Concepts, 4e. © 2024 SAGE Publishing.
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11.2. Contemporary issues in the incarceration of women.

Children of Incarcerated Mothers: The Unintended Victims
Maintaining connections is important:
Since many women will regain custody of their children after completion of their sentence, it is important that they maintain a connection with their children during this time.
But this can be challenging because prison facilities are far from where these children reside and cost of traveling to visit a parent can be prohibitive.
This means that most women in custody do not receive regular physical visits from their children.
Research states that 35% of women correspond with their children via the telephone, 49% communicate via letters and thus half of the children do not have a relationship with their mother.
This can have a detrimental impact on the parent–child relationship.
Family members help to connect:
When women return to an authoritative parental role following their release from prison, it is important for families to maintain a parent–child bond.
In such cases, the extended family members play a crucial role in maintaining the connection between incarcerated women and their children.
Programs for effective parenting skills:
Since majority of women in prison are mothers and primary caregivers, facilities have begun to implement parenting programs designed to help inmates develop effective parenting skills.
These programs can provide a better relationship between a mother and her children and can prevent recidivism too.
As a result of the curriculum, mothers increased their knowledge about childhood development, altered their attitudes about physical discipline, and developed an understanding about the needs and well-being of their children.

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