Incarceration of women in the United States

In the United States in 2015, women made up 10.4% of the incarcerated population in adult prisons and jails.[5][6] Between 2000 and 2010, the number of males in prison grew by 1.4% per annum, while the number of females grew by 1.9% per annum. From 2010 to 2013, the numbers fell for both genders, −0.8% for males and −0.5% for females. For jails the figures for 2000–2010 are 1.8% for males and 2.6% for females, while for 2010–2013 they are −1.4% for males and 3.4% for females.[12] Over this period the female proportion of the incarcerated population has been increasing, at least partly due to compulsory sentencing.

In the late 20th century, Hispanic women were incarcerated at nearly twice the rate of white women, and black women were incarcerated at four times the rate of white women.[13] However, since the 2000s, the incarceration rates for African American and Hispanic American women have declined, while incarceration rates have increased for white women. Between 2000 and 2017, the incarceration rate for white women increased by 44%, while at the same time declining by 55% for African American women.[14] The Sentencing Project reports that by 2021, incarceration rates had declined by 70% for African American women, while rising by 7% for white women.[15] In 2017, the Washington Post reported that white women's incarceration rate was growing faster than ever before, as the rate for black women declined.[16] The incarceration rate of African American males is also falling sharply, even faster that white men's incarceration rate, contrary to the popular opinion that black males are increasingly incarcerated.[17]

The Prison Policy Initiative writes: "Incarcerated women are 53% White, 29% Black, 14% Hispanic, 2.5% American Indian and Alaskan Native, 0.9% Asian, and 0.4% Native Hawaiian and Pacific Islander."[18]

Within the US, the rate of female incarceration increased fivefold in a two decade span ending in 2001; the increase occurred because of increased prosecutions and convictions of offenses related to recreational drugs, increases in the severity of offenses, and a lack of community sanctions and treatment for women who violate drug laws.[19] Tough-on-crime legislation and legislation associated with the war on drugs have been connected to the increasing rate of the incarceration of women of color from lower socioeconomic backgrounds. This rapid boom of female prisoners is something the primarily male-dominated prison system was not structurally prepared for and, as a result, female prisons often lack the resources to accommodate the specific social, mental, healthcare needs of these women.[20] Many reforms aiming to reduce prison populations have been designed with only men in mind and have thus not helped reduce the number of incarcerated women; this is especially true of state-level reforms. The mass incarceration of females in the US has become a major human rights issue that has been widely criticized by international organizations such as Human Rights Watch.

Women prisoners at the Mississippi State Penitentiary (Parchman) post office in Sunflower County, Mississippi, c. 1930

In the United States, authorities began housing women in correctional facilities separate from men in the 1870s.[21] The first American female correctional facility with dedicated buildings and staff was the Mount Pleasant Female Prison in Ossining, New York; the facility had some operational dependence on nearby Sing Sing, a men's prison.[22]

Unlike prisons designed for men in the United States, state prisons for women evolved in three waves, as described in historical detail in "Partial Justice: Women in State Prisons" by Nicole Hahn Rafter. First, women prisoners were imprisoned alongside men in "general population", where they were subject to sexual attacks and daily forms of degradation.[23] Then, in a partial attempt to address these issues, women prisoners were removed from general population and housed separately, but then subject to neglect wherein they did not receive the same resources as men in prisons. In a third stage of development, women in prison were then housed completely separately in fortress-like prisons, where the goal of punishment was to indoctrinate women into traditional feminine roles.[23]

Despite the widespread historical shifts in female incarceration, there have been documented instances of women being held in men's prisons well into the twentieth century, one such example being the nearly two years that Assata Shakur was imprisoned, primarily in men's facilities, in the 1970s.[24] In 1973 Shakur was held in the Middlesex County Jail in New Jersey, supposedly due to its proximity to the courthouse. She was the first, and last, woman ever imprisoned there, and was held in deplorable conditions including isolation and twenty-four hour observation.[25] While Shakur was eventually transferred to a women's prison, her treatment illustrates the fact that women were held in male facilities far into the twentieth century.

Some fifty years ago, President Lyndon Johnson called for a "War on Crime." Consequently, Johnson presented to Congress the Law Enforcement Assistance Act, which allowed for the first time in America, a "direct role for the Federal Government in local police operations, court systems, and state prisons."[3] Republican and Democratic policymakers worked together in fighting this War on Crime, which would later become a War on drugs.[26] The term "War on Drugs" was officially introduced during the Nixon administration to condemn all unapproved drug use,[27] and it refers to federal, state, and local government policies created to eliminate drug use within specific communities.[28]

The Reagan administration further pressed the sales of illegal drugs as a critical political issue.[29] President Reagan's Comprehensive Crime Control Act of 1984 focused on the activities of inner-city youth and small-time drug dealers. Severe sentencing laws, especially mandatory minimum sentences, which were a part of Reagan's crime bill and the Anti-Drug Abuse Act of 1986 engendered mass increase in imprisonment.[30] For example, between 1980 and 1998 the U.S. incarceration rate rose almost 300 percent.[31] The passage of the United States Federal Sentencing Guidelines also compelled judges to give lengthy sentences even when they believed the defendant was not a threat to society. In 1984, Congress also enacted statutes imposing mandatory minimum sentences for drug and weapons offenses, as well as adopted definitions of "drug related activities" and harsh sentences for those with any connection to drugs.[32] This was intended to keep individuals with any sort of connection to drugs "'off the streets' and behind bars" for extensive periods of time.[32] These strict guidelines sent men and women away for decades. The War on Drugs has targeted individuals beyond those using or addicted to drugs by also victimizing those who are "unwittingly, unknowingly, or peripherally" involved in drug-related activity.[32] Together, the War on Crime and War on Drugs have produced contemporary mass incarceration in America,"distinguished by rate of imprisonment far above all other industrialized nations and involving the systematic confinement of entire groups of citizens."[26]

Incarceration rate in the US by gender, 1925–2008.

The War on Drugs has had specific and devastating consequences for women, especially women in relationships with partners or relatives who use or sell drugs, as well as women who have no other choice but to become involved in the drug trade in order to support their families in the "absence of living wage jobs and in the face of cuts to public assistance."[32] The number of women in prison and the time they spent inside grew significantly throughout the 1980s and 1990s. Between 1986 and 1999, the number of women incarcerated in state prisons for drug-related offenses increased by 888 percent.[33] More so, it has also expanded the criminalization of people by race and gender. For example, there has been a distinct increase in the number of incarcerated African American and Latina women in the U.S., who make up a disproportionate number of women arrested, charged, convicted, and incarcerated for drug-related offenses.[34] The incarceration rate for African American women for all crimes, driven by drug-related offenses, increased by 800 percent between 1986 and 2005, compared to a 400 percent increase for women of all races.[32]

Even though the number of crimes committed by women has remained relatively constant, the rate of imprisonment has continued to increase. As of 2018 there are over 219,000 women in prisons and jails in the United States,[2] and it is commonly believed that this is a factor of increased incarceration in response to drug offenses.

As of 2007, in most of the Western world, the guards in female prisons are exclusively female. Meanwhile in same year, about 40% of prison guards in American women's prisons are men. In some facilities, most of the prison guards are men: Silja Talvi, author of Women Behind Bars: The Crisis of Women in the U.S. Prison System, argued that in theory gender equality makes sense in all occupations, but in practice having male guards watch over female prisoners is problematic.[35][36] Until the passage of the Civil Rights Act of 1964 and the Equal Employment Opportunity Act of 1972, this was true in the United States.[37] Men usually worked in perimeter posts, such as gate posts, rather than having direct contact with female prisoners. Male employees previously had restricted positions. Both acts integrated the workforce, and after the acts passed male employees gained increasingly direct contact with female prisoners.[35]

Female prisoners at Parchman sewing, c. 1930

There are many socioeconomic factors that foster the cycle of mass incarceration. The exponential growth of female inmates reflects the "pervasive gender mandates" in America, as well as women's lower-ranking social and economic status.[38] The overrepresentation of minorities and poor people in prison reflects the "deeply entrenched forces of institutional racism and class prejudice."[38] Poor families living in "de-industrialized" urban areas, "devoid of their traditional communities of sustenance and healing" are more likely to be victims of "violent stigmas that predestine their incarceration."[39] Notably, poverty, racism, domestic violence, and addiction intersect to create a "cycle of survival, criminalization, and repeated incarceration."[40] In her book Interrupted Life, historian Rickie Solinger believes that four factors contribute to the prison crisis. First, the impacts of globalization and economic restructuring on low-income communities. Second, the War on Drugs. Third, the role of illegal alien incursion from the south, fuel incarceration. Lastly, emergence of a prison–industrial complex, a relationship between corporate and governmental interests that has led to prison expansion in the U.S.[41] Along with these items, women's poverty is criminalized in many ways. Due to feminization of poverty and lack of housing choices for women of color with children, the War on Drugs affects minority women living in inner cities, forcing them to live in "high crime, drug-infested areas."[42] In the face of declining incomes and few economic opportunities, women often have no choice but to turn to the street economy, sex work, petty theft, welfare "fraud," and other means of survival.[43] For many women, personal or domestic violence and sexual abuse are a part of their incarceration.[44] For poor women especially, experiences of violence, particularly in the household, may incite behavior that leads to arrest and criminal charges.[45] Poverty is also criminalized when women with mental illness, most who have experienced post-traumatic symptoms from childhood and adult trauma, come into contact with the law, either through "antisocial or violent behavior or through self-medication with illegal drugs."[46]

Women of color also feel pressured to fit into the 'norm' of what social life should be for women (i.e. be happily married, have a functional family, have a good job and a nice house). This often leads to their conforming and accepting abusive relationships or adapting to their partner's expectations. For example, women who suffer from substance abuse are mainly subjected to it by their partner. Studies showed that women, in fact, believe that engaging in such destructive activities would create a stronger emotional bond, as well as put a halt to the abuse they consistently endure. They assume that because their relationship is going downhill, it must be a failure on their part and decide to make a change, usually for the worse.[47]

The systematic oppression faced by Black men in society also affects women's outcomes; they have to take on the role of the breadwinner and often, when not making enough, lead to taking alternatives such as involvement with drugs, theft, and prostitution. This may lead to their incarceration. The profile that surfaces of the black female offender is "that of a young, uneducated, single mother. She is likely to be unemployed, with few marketable skills, and is more likely to be on welfare".[47] Female inmates were also described as "confined by social conditions in their communities, restrained by their families' circumstances, severely limited by abuse in their intimate relationships, and forced to make hard choices with very few options". They are characterized as "compelled to crime".[48]

Men make up the majority of prisoners in the United States, approximately ten times as many as women in 2013,[12] but the growth rate for women has been dramatically higher than the growth rate for men over the past few decades, a difference that is especially pronounced in state facilities.[49] Women are disproportionately held in jails: the Prison Policy Initiative found that "about a quarter of convicted incarcerated women are held in jails, compared to about 10% of all people incarcerated with a conviction."[50] Studies show that the way in which men and women cope while imprisoned differs in that women tend to form family structures in an effort to recreate the roles they would normally follow in society; however, men tend to isolate themselves from others and tend to be more aggressive towards the other inmates.[51][52] Child care is also another issue that women must worry about when they are incarcerated. According to Mumola, 64% of women were primary guardians for their children prior to being incarcerated compared to men at only 44%.[53] It is likely that men like women experienced traumatic events in their childhood, but research has shown that women experience a higher rate of trauma.[54]

No country in the world incarcerates more women than the United States, as shown by Statista in a 2013 study.

Because many states have only one female facility, in comparison to having numerous men's facilities, women are forced to stay in that one specific facility.[55] Women do not have the option of transferring to another facility like men do and they "experience additional deprivations" as they do not have the option to transfer in cases of problematic issues with other inmates or work staff or in cases of desiring to be closer to home.[55] Women have fewer visits from their children, which is influenced by the fact that women facilities are limited and located mostly in rural areas far from women's hometowns.[55] When men are in prison, their female partners may take the kids to visit him.[55] However, due to the statistics on the many of women prisoners being the primary caregivers of children, usually another female family member will take care of her children.[55]

Those who take care of the children with an incarcerated mother where the mother is the primary caregiver, the financial costs of raising that incarcerated mother's children limits the amount of resources people send to the mother in prison.[55] Raising a child, specifically in this instance, someone else's child, is costly.[55] As stated in the source "Surviving incarceration: Two prison-based peer programs build communities of support for female offenders," mothers in prison generally "worry about the welfare of their children, if their children are properly cared for, and if they will be able to maintain long-lasting bonds with their children in lieu of these barriers."[55]

Incarcerated women also use prison libraries differently from the way male prisoners do. In general, women are less likely to use the law library to "seriously research their own cases."[56] Some scholars believe this is because women's sentences are typically shorter and less severe than men's. Often, incarcerated women are seeking information about marital law and child custody and support in prison libraries.

Death row

Mountain View Unit, a state prison for women in Gatesville, Texas houses the state death row for women

The number of women on death row is significantly less than the number of men, women make up only 2% of death row inmates as of 2013.[57] All the women on death row in the past two centuries committed murder, with the exception of Ethel Rosenberg, who was sentenced to death for espionage. Women on death row have a relatively low chance of actually being executed: there have only been 571 documented executions from 1632 to 2012.[58] Currently, about half of the women on death row are in the top five states for death row sentencing (California, Florida, Texas, North Carolina and Ohio). Although California is the top state for death sentences, no woman has been executed since 1962.[58]

Overall, incarcerated populations are more likely than the general population to have a mental illness.[59] For many women, experiences with poverty, mental illness, substance abuse, and physical, emotional, or sexual abuse contribute to their entry to the criminal justice system.[60] As of 2006, about 64% of women entering jail and 54% of women entering prison had one or more mental illnesses.[59] Most people are aware of the disparities in mental health prevalence between incarcerated populations and the general population, but fewer are aware of the dramatic gender disparities in mental health issues between incarcerated men and women. Almost two times as many women in correctional facilities report suffering from a mental illness as men.[7] And while one in seven men reported an experience with serious psychological distress, one in five women reported such an experience.[7]

Having prior symptoms and diagnoses of mental illnesses can be amplified and worsened by a prison system that cannot afford to provide the proper support for inmates.[59] There is widespread agreement that mental health services for incarcerated populations are inadequate, and in addition to failing to provide sufficient mental health treatment and services, prisons and jails are anti-therapeutic, where the experience of incarceration itself can worsen mental health problems or cause new ones.[7][61]

Historically, sexual abuse within the prison and jail system has been prevalent as seen through years of sexual exploitation of incarcerated women by prison and jail administrators and guards.[64] Dating back to the 1800s, Estelle Freedman sheds light on the prison brothel that was run by male staff members of an Indiana state prison.[64] Sexual abuse can range from numerous different actions and behaviors, and some forms of sexual abuse, such as pat downs, are normalized through the manipulation of "routine prison practices".[64] Although sexual abuse and rape are seen in all combinations of genders, many reports show that male guards are more likely to instigate assaults against women inmates due to the fact that they can act almost freely, usually with impunity.[64]

Sexual abuse and rape can happen to all demographic groups within the prison system, but those belonging the LGBT community or people with mental illness are more heavily targeted.[65] A large prison found in the Southern part of the United States discovered through an intensive study that 68.4% experienced sexual assault prior to being incarcerated, and 17.2% experienced sexual assault in prison. Three percent of the people in this study had experienced a completed rape inside prison.[66] Bureau of Justice Statistics figures show that women are at higher risk than men of inmate-on-inmate sexual victimization, and lower risk of staff sexual victimization:

The same study shows that women are less likely than men to be forcibly abused, but more likely to be persuaded. In regard to inmate-on-inmate abuse in prison, males (16%) were more likely than females (6%) to have been victimized 11 or more times, to have been bribed or blackmailed (42% compared to 26%), offered protection (39% compared to 19%), or threatened with harm (48% compared to 30%). Males were more likely than females to report have multiple perpetrators (25% compared to 11%), and to have incidents initiated by a gang (20% compared to 4%). Broadly similar ratios applied to jails.[68]

A study published in the Journal of Nervous & Mental Disease found that in the Correctional Institution for Women in Rhode Island, 48.2% of the inmates met criteria for current PTSD and 20.0% for lifetime PTSD. Research suggests that "women with histories of abuse are more likely to accept sexual misconduct from prison staff because they are already conditioned to respond to coercion and threats by acquiescing to protect themselves from further violence".[69] "In federal women's correction facilities, 70% of guards are male."[70]

Two prominent prison reforms for sexual abuse have come about in the last 20 or so years. In 1996, the Prison Litigation Reform Act, or PLRA, was passed in response to an increase in prisoner complaints and lawsuits.[71] The PLRA was designed to make it more difficult for prisoners to file for litigation by providing a rigid guideline and checklist that must be met before being able to file a valid lawsuit.[72] Inmates must exhaust all grievance remedies before qualifying for legal action against a prison or jail guard or staff member.[72] The PLRA resulted in a negative sentiment in reporting cases of sexual abuse or assault because inmate would fear punishment and lash back on themselves, while having low expectations for adequate and appropriate responses to be made in reparation of their case.[72] In 2003, President Bush signed the "Prison Rape Elimination Act into law, legally addressing prisoner rape, calling for a study of prison rape and developing guidelines for states on how to address the problem."[73] The purpose of the act was to provide research and gather statistics for the rate of prison rape in all governmental levels of the prison system and it is supposed "to provide information, resources, recommendations and funding to protect individuals from prison rape".[74] Although the primary focus was to combat all prisoner rape and sexual assault, the PREA does not successfully protect prisoners, especially those within minority groups like women and the LGBT community.[75] Instead, PREA gives correctional officers and facility operators the ability to punish inmates for engaging in any sexual behavior, including consensual activity.[76] As a result, punishment for all sexual acts "[discourages] prisoners from reporting sexual violence".[76] In 2005, "the Office of the Inspector General and the DOJ released a report documenting widespread sexual abuse by prison employees nationwide, noting that only 37% had faced some kind of legal action. Of those, ¾ walked away with no more than probation. It took all of this evidence for the BOP to finally criminalize sexual contact as a felony in 2006, so that guards can actually face up to five years in prison".[77] However, "when authorities confirmed that corrections staff had sexually abused inmates in their care, only 42% of those officers had their cases referred to prosecution; only 23% were arrested, and only 3% charged, indicted, or convicted. Fifteen per cent were actually allowed to keep their jobs".[78]

Despite such legislative progress, women are fully dependent on the guards for basic necessities and privileges, and in many states, guards have access to inmates' personal history files which can empower them to threaten prisoners' children if the women retaliate.[79] Female inmates who retaliate also face the loss of eligibility for early parole in addition to prolonged periods of disciplinary segregation, and detrimental write-ups, which further deters acts of resistance.[78] Many times, sexual abuse cases go unreported so the extent of the issue is unclear.[80] Although this is true, the PREA and new national standards for prison rape prevention, detection, and response is showing an increasing in the number of reported allegations of sexual victimization.[81] Of the new cases reported in 2015, 58% of them were inmate-inmate cases, while 42% of them were staff-inmate cases.[81] From 2013 to 2015, there were about "15,875 allegations of inmate-on-inmate sexual harassment", but only about 16% of the allegations were proven and found to be true based on investigations.[81]

The provision of healthcare to incarcerated women is a huge task which demands attention. Not only do female prisoners have special health needs to be met, but the correctional setting itself can present health risks to women, like the spread of communicable diseases, sexual violence, nutritional deficiencies, and the physical and psychological effects of poor and stressful living conditions.[4]

Incarcerated women suffer disproportionately from many conditions, like HIV/AIDS, infectious diseases within prisons, reproductive issues, and chronic diseases.[20] Many women in correctional facilities enter with histories of poverty, unemployment, drug abuse, and physical abuse or violence, which all contribute to high rates of trauma and physical and mental health issues.[82] A large proportion of female inmates are women of color from low socioeconomic backgrounds and therefore suffer disproportionately from both chronic diseases that are common in minorities (such as diabetes, heart disease, and hypertension) and health problems that may result from living in poverty with prolonged lack of access to proper healthcare (such as malnutrition, etc.).[83]

The structure of the US prison system does not adequately accommodate for these healthcare disparities and the specific needs of female prisoners. The health care needs of women have been largely neglected because correctional facilities were originally designed to meet only the needs of male inmates, and the justice system overall continues to reflect that structure as it has failed to account for the changing demographic of incarcerated people in the US.[8]

Policies regarding health treatment at prison institutions often limit the availability of care. Due to the geographic isolation of prisons, typically in rural areas, and the comparatively low wages offered for working in them, there is a lack of qualified and experienced healthcare professionals willing to work in prisons, which in turn, reduces the quality of care offered. Overcrowding and poor working environments in facilities exacerbate the problem. Recent efforts to reduce spending costs have also contributed greatly to the barriers that incarcerated women face in obtaining adequate healthcare. For example, the practice of many prisons has become to require inmates to pay a co-payment for doctor's visits out of their own personal commissaries, and though these fees are set at relatively low costs, they can still be a huge deterrent to seeking care given the incredibly low wages women are paid for their labor in prison.[82] 35 states use this co-payment system, and the money generated goes towards prison revenue.[84] When co-payments cost between $20-$100, and women are paid as little as twelve cents per hour, this fee can be a huge financial strain.[84] Consequently, women in prison are often forced to choose between accessing medical care and paying for basic products that are not provided to them for free like toothbrushes, soap, or tampons, and in some cases, many women thus choose to forego medical treatment even when they have serious health concerns.[82]

The view of women's prisons, and prisons in general, as a profiting industry has also contributed to the inadequacy of healthcare in women's prisons.[83] Since prisoners are the ones who complete the tasks necessary to keep prisons operating, many are forced to keep working on tasks which involve manual labor even if their health is not good.[83] For example, in California women who are legally categorized as disabled outside of prison are forced to work in prison, as their disabled status is rejected.[83] Many of the basic tools to keep good hygiene such as toothbrushes, shampoo, or soap are not given for free to women anymore, but are rather sold in the commissaries by private companies who paid the government the highest bid to win the contracts, and many women are unable to afford these basic products at such inflated prices, which results in poor sanitary and hygiene conditions inside prisons.[83] A lack in funding also results in many prisons, in the provision of unhealthy meals for the prisoners, lacking in many key nutrients.[83] Prison meals usually contain high levels of fat, sugar, and salts, and fresh fruit or vegetables are rarely provided, or provided in very small proportions, which negatively impacts the health of incarcerated women as they are not able to obtain a well-balanced diet.[83]

One major issue with regards to studying women's healthcare in prison is the lack of availability of data. The combination of the United States's decentralized criminal legal system and the apathy towards the particular population of incarcerated women results in a huge gap in reporting of vital statistics on healthcare and health outcomes.[11] Additionally, there are no mandatory standards, oversight, or requirements for data reporting on health services in US correctional facilities,[11] demonstrated by the fact that there is no systematic report on pregnancy outcomes in American prisons, despite the clear need, just as one example.[85]

Privatization of prison healthcare

See also: Incarceration in the United States § Privatization, and Prison–industrial complex

A CoreCivic Facility in Houston, Texas

Many federal and state prisons have turned to private companies to run prison health operations as a cost-saving measure. As of 2012, over 20 states have installed private health groups to run their medical services, with the largest providers being Corizon Health and Wexford Health Services. Both of these groups have been scrutinized for inhumane treatment of inmates.[84] Private prison health groups also operate in private prisons themselves in addition to their functioning in state-run facilities which have outsourced. The two largest health groups that run services in private prisons are CoreCivic and GEO Group.[84] Unlike strictly government-run facilities, private corporations are incentivized to maximize their profit margins in order to please shareholders, so they often choose revenue over national standards for health care by spending as little as possible on their services. For example, CoreCivic has a documented history of denying hospital stays to patients as they are costly to the operator, and also of punishing inmates for making multiple medical requests. Yet, companies argue that in reducing costs they are both providing adequate care for prisoners and also saving taxpayers money.[122] These violations of standards are worsened by the fact that the records of private prisons are not subject to public access laws, so monitoring and regulating their health care activities is not possible.[84]

Most people agree that contracting to private groups to operate prison health systems negatively impacts the health of inmates. One 2008 study at the University of California, Santa Barbara found that inmate mortality rates are significantly higher under private groups, and that contracting out reduces both health care costs and quality.[117]

Christina Crain Unit, a state prison for women in Gatesville, Texas

Women's Huron Valley Correctional Facility in Pittsfield Township, Michigan

Lowell Correctional Institution in unincorporated Marion County, Florida

Prison can have an effect on relationships between prisoners and their children. As a general rule, except for with an experimental trial, a couple cannot enter the same prison. However, prisons have a problem with child care. 2.4 million American children have a parent behind bars today. Seven million, or 1 in 10 children, have a parent under criminal justice supervision—in jail or prison, on probation, or on parole.[123] Many of the women incarcerated are single mothers who are subsequently characterized as inadequate, incompetent, and unable to provide for their children during and after imprisonment. However, "separation from and concern about the well-being of their children are among the most damaging aspects of prison for women, and the problem is exacerbated by a lack of contact".[124]

According to the Bureau of Justice Statistics, "54% of mothers in state prisons as of 2000 had had no personal visits with their children since their admission".[125] Obstacles that inhibit contact between mothers and their children include geographical distance, lack of transportation, lack of privacy, inability to cover travel expenses, and the inappropriate environments of correctional facilities. Mothers in prison typically are unable to fulfill the role of mother due to the separation. Incarcerated mothers are restricted in their decision-making power and their ability to create a sense of home and family within the institution is limited.[126] Most children experience multiple risks across contextual levels for there is great importance in family environments. Children of incarcerated mothers are consistent with their high risk status and it can cause their intellectual outcomes to be compromised.[127] Statistics indicate "that a majority of parents in state and federal prisons are held over 100 miles from their prior residence; in federal prison 43% of parents are held 500 miles away from their last home, and over half of female prisoners have never had a visit from their children and very few mothers speak with their children by phone while incarcerated".[63]

Recent legislation has further impeded an incarcerated mother's ability to sustain custody of her children. The Adoption and Safe Families Act, enacted in 1997, "authorizes the termination of parental rights once a child has been in foster care for 15 or more months of a 22-month period. Incarcerated women serve an average of 18 months in prison. Therefore, the average female prisoner whose children are placed in foster care could lose the right to reunite with her children upon release".[128] These stipulations expedite the termination of parental rights due to the narrow time frame. A 2003 study found that "termination proceedings involving incarcerated parents increased from approximately 260 in 1997, the year of ASFA's enactment, to 909 in 2002".[129]

By examining post-incarcerated mothers, it is statistically and clinically proven that there is a positive effect of a healthy mother-child relationship and depression symptoms. There is also a positive effect of healthy peer and partner relationships on raising self-esteem for mothers who were previously incarcerated. This suggests that healthy relationships are essential to recovery from trauma and emotional well-being.[130]

According to a 2000 report by the Bureau of Justice Statistics, "1/3 of incarcerated mothers lived alone with their children and over 2/3 of women prisoners have children under the age of 18; among them only 28% said that their children were living with the father while 90% of male prisoners with minor children said their children were living with their mothers."[129]

The incarceration of parents affect family structures.[131] Mothers in prison were more likely to report that they were the primary caregivers of their children.[131] Maternal imprisonment affects children more harshly than the incarceration of their fathers. When the paternal figure of a home is convicted, children are affected, but they don't experience the same kind of attachment disparity as they do with their mothers. "When fathers go to prison, their children are more likely to remain in the care of their mothers; however, when mothers go to prison, not only are children separated from their mother but they more often transition to the care of a grandparent, or other family member, than to the care of their other parent ".[132] In the case that there is no family member able to take the children in, they are taken into non-familial care. Children who grow up without their parents tend to have a higher chance of engaging in "substance abuse and addiction, mental illness, and abusive familial relationships".[132]

There are limited employment opportunities after incarceration.[131] Reduced opportunities for parents means reduced opportunities for their children who cannot access those resources denied to their parents, such as food stamps or employment.[131] In addition, for communities where the majority of the population are targets for incarceration and where there are high incarceration rates, those economies are affected.[131] In addition to poor economies, limited employment opportunities, and high incarceration rates in those communities, there is the creation of a "criminogenic environment" which affects the children growing up in those areas.[131]

Women in the US criminal justice system are marginalized by race and class. Single mothers with low income go into the "underground economies" because of their inability to find a job that is stable and provides a good earning.[133] Many mothers end up trapped in drugs, prostitution and theft.[133] In many cases, incarcerated women who committed acts of violence are for self-defense against their abusive partners.[133]

Bureau of Justice reported that about 200,000 children under 18 had incarcerated mothers and that 1.5 million children had a parent behind bars.[133] Children face disruption and deleterious where they feel separated from the world such as their friends, school and community.(1) It can bring integration into their new world without their mother.[134] 6.7 percent of African American children have incarcerated parents, a rate that is seven-and-a-half times greater than that of white children. Hispanic children experience parental incarceration at nearly three times the rate that white children do (Glaze and MAruchak 2008)[133] Children feel the mother absences and experience disruption more than the absences of their incarcerated father. "64.2 percent of mothers in prison report they were living with their children before they went to prison, only 46.5 percent of incarcerated fathers did so."[134] "Men are more likely to rely on their children's mothers to care for the children during their incarceration than women can on the children father. 88 percent of fathers in prison report that their children are being cared for by their child's mother while only 37 percent of inmate mothers say their child is being cared for by the child's father" (PG.4 Disrupted childhoods: Children of women in prison.)[134] Children in most cases stay with relatives such as grandparents and 10 percent in foster care, group homes or social service agencies.[133] The Children often feel stigma for having a parent in prison where they may feel the need to keep it a secret where they are not able to adjust.[134] Most of the time these children are at risk of following their parents footsteps where they might become criminals by learning the behavior such as antisocial and criminal behavior. Caregivers and teachers see the child of inmates fighting more and becoming aggressive leading them to have a higher risk of conviction.[134]

Most prisons do not have public transport, restrictive policies governing visits and phone calls. Prisons have policies such as the removal of infants born to women in prison, speedy termination of child custody for incarcerated women, restrictive welfare policies that make it difficult for families to be reunited, and women repeated periods in custody.[133] Activists are trying to make a change and pass reforms that are going to help children and mothers deal with these consequences that are affecting them. One guideline that would help is a family connections policy framework to support and strengthen the relationship between incarcerated women and their children.[133] If women are able to see their children, it gives them motivation to try to get their lives back on track.[133]

There is 6.7 percent of African American children whose parents are incarcerated, a rate that is seven and half times greater than that for white children, and Hispanic children experience parental incarceration at nearly three times the rate that white children do.[133] Children feel the mother absences and experience disruption than their father. "Men are more likely to rely on their children mothers to care for the children during their incarceration than women can on the children father. 88 percent of father in prison report that their children are being cared for by their child mother while only 37 percent of inmate mothers say their child is being cared for by the child's father".[134] Children in most cases stay with relatives such as grandparents and 10 percent in foster care, group home or social service agency.[133] Children often feel stigma for having a parent in prison where they may feel the need to keep it a secret where they are not able to adjust.[134] Most of the time these children are at risk to follow in the footsteps of their parents where they might become criminals by learning the behavior. Caregivers and teachers see the children of criminals fighting more and becoming aggressive leading them to have a higher risk of conviction.[134]

Prisons prevent contact between the mothers and their children in many ways. The locations of the prisons might not have a public transport, restrictive policies governing visits and phone calls, the removal of infants born to women in prison, speedy termination of child custody for incarcerated women, restrictive welfare policies that make it difficult for families to be reunited, and women repeated periods in custody.[133] Some activist are trying to make a change and pass reforms that are going to help children and mothers to not deal with this consequences that are effecting them. One guideline that would help is a family connections policy framework to support and strengthen the relationship between incarcerated women and their children.[133] If women are able to see their children, it gives them motivation to try to get their lives back on track.[133]

The most common age range for incarcerated parents is from age 25 to 35, followed by age 35 to 44 and age 24 and younger.[131] In mid-2007, 809,800 prisoners in the US prison system were parents to children 18 years of age or younger.[131] Of those prisoners, 744,200 were fathers and 65,600 were mothers.[131] In comparison to 1991, this data shows the number of women in prison has more than doubled and the number of fathers incarcerated has increased by seventy-seven percent.[131] According to studies by the Bureau of Justice Statistics, 1,706,600 children had at least one incarcerated parent in 2007.[131]

Of women in US state prisons, 44% do not have a high school diploma or equivalent (GED).[63] As they reenter their communities, former inmates confront sparse job opportunities, limited options for stable and affordable housing, denials of public assistance, as well as the challenge of re-establishing relationships with family and friends.[136] However, relationships, in particular among family, provide an extremely beneficial support system for prisoners returning home upon their release. Difficulties with employment, housing, and ostracism can decrease successful transitions and lead to a cycle in and out of prison.

Some concerns that are faced by policy-makers and correction officials about women re-entering into the community after prison are motherhood and the struggle with substance abuse and mental health issues.

Scholars have found that women face negative perceptions such as being seen as inadequate and unable to provide a stable, loving home for their children when they are transitioning back from prison into motherhood. This separation of children from their mothers is harmful to both the child and mother and this is the main reason for stress inside of women prisons. For many women getting out of prison, the only aspect of life they consider to be motivating and hopeful is resuming motherhood and connecting with their children again. Without their children, many see no reason to stay away from drugs or prostitution. Women in these circumstances are understood to have a better life if they are offered proper nutritional and medical care so they could lead a more stable lifestyle.[137]

The struggle of addiction whether it be alcohol or drug abuse along with mental health issues are considered the three major factors that influence the success of women's transition back into the community. Women tend to take out their anger on themselves and in a self-mutilating or abusive way. Mood disorders, such as depression or anxiety, are seen to be more common among women than men. A study from 1990 found that 19 percent of women who suffer from depression, 31 percent of women who suffer from phobic disorders, and 7 percent of women that suffer from panic disorder also struggled with alcohol abuse. Women who have been released from prison face the struggle against addiction and could end up losing their children because of it.[137]

In order for women to successfully transition back into society, they must begin this preparation process at the beginning of their sentence. Although this is recommended, inmates tend to not have any preparation before being placed back into the community. All of the released women have tasks they must complete in order to re-establish a place in society and in order to stay out of trouble. These are things such as, follow parole regulations, provide health care for themselves and/or their families, become financially stable, obtain employment, and find a safe place to live, all while possibly battling addiction. Without support from the community, women under these circumstances tend to fall back into drugs or criminal activity.[137]

There are programs that have been established to help women after they are released from prison.[138]

System organizations that are used to help women's reentry into the community consist of mental health, alcohol and drug programs, programs to help survivors and sexual violence, family services, food shelters, financial help programs, employment services, child care services, and community service clubs.

A continuity-of-care approach is taken when forming these programs for women. This is the providing of treatment, recovery, and support services throughout the entire process of reentry for women.

Programs:

• Helping Women Recover: Program designed for treating substance abuse. This focuses on issues such as self-esteem, parenting, relationships, and spirituality. The program addresses these issues using discussion, activities, and exercises.
• Beyond Trauma: A Healing Journey for Women: This is 11 sessions long and teaches women what trauma is, and how it affects their thoughts and feelings as well as their behavior and relationships. The work is done on coping skills using exercises and videos.
• The Sanctuary Model: This program addresses the issues of mental health, trauma, and substance abuse. This focuses on safety and grieving to build individual empowerment.
• Seeking Safety: Program for women that have substance dependence and also PTSD. This focuses on five key elements: safety, treatment of PTSD and substance abuse, ideals, behavioral and interpersonal therapies, and therapist processes.
• The Addiction and Trauma Recovery Integration Model (ATRIUM): psycho-educational 12-week-long program. This is designed to intervene on levels of the body, mind and spirit.
• The Trauma Recovery and Empowerment Model (TREM): psycho-educational group that includes survival empowerment, self-soothing, and problem solving. This last 33 sessions over nine months.

These programs help women to not feel depressed or overwhelmed by the community once they are allowed to reenter them. There are two agencies that help these women as well, more well known as a settlement house.

• Our Place: This is located in Washington D.C. and focuses mainly on family reunification. This helps women reunite with family, and find housing and employment. This program helps women find the help needed whether it be mental help or substance abuse treatment.
• The Refugee Model: The Catholic Church works to assist the parolees and support their transitioning. This helps to make the women feel like someone is looking after them and encouraging them as they work to reenter the community. System organizations that are used to help women's reentry into the community consist of mental health, alcohol and drug programs, programs to help survivors and sexual violence, family services, food shelters, financial help programs, employment services, child care services, and community service clubs.

A continuity-of-care approach is taken when forming these programs for women. This is the providing of treatment, recovery, and support services throughout the entire process of reentry for women.[137]

Despite all the things that incarcerated women endure prior to, during, and after their imprisonment, people often have a certain mindset regarding who they are. This is as a result of the inaccuracy the media uses to portray women who are detained; perpetuating the idea that there is nothing more to them than violence and sexual tension. The media's tendency to highlight the aspects of prison life that they deem suitable or entertaining for viewers really serves to belittle and shed attention away from the real issues that incarceration has on the women living their 'truth'. The way that these women are portrayed in the media is crucial to our understanding of their struggles and our ability to empathize with the traumatic experience that is serving time in prison. Instead, they are portrayed with a 'babes behind bars' theme.[139]

Films such as The Big Doll House (1971), The Big Bird Cage (1972) and Caged Heat (1974) are examples of movies that depict these women as sex-crazed and distort our knowledge from the more universal and serious issues that come with being incarcerated. Such media leads to the misrepresentation of women's issues while incarcerated.

Very little factual representation is contained in these films. It is Hollywood, after all; they do not necessarily seek to educate—instead they aim to titillate: These tales of vulnerable young things navigating a harsh prison are largely vehicles for money shot–style images that are the films' raison d'être: a roomful of women being hosed down by their sadistic warden as punishment (1971's Big Doll House) . . . or a young reform-school inmate gang-raped with a plunger by her roommates (1974's Born Innocent)".[139]

• Category:Women's prisons in the United States
• LGBT people in prison § United States
• Orange is the New Black
• Orange Is the New Black: My Year in a Women's Prison
• Race in the United States criminal justice system § Black women
• Women's Prison Association

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