Pregnancy and Prisons
Carolyn Lindsey was four months pregnant when she was incarcerated in a Texas prison for violating the terms of her probation on a drug charge. When she gave birth, Carolyn had a minute to coo at her daughter's tiny face before a prison guard whisked little Desiree Nicole away (Tomaso, "Pregnant Inmates").
Carolyn is part of a disturbing national trend - a rising number of pregnant inmates giving birth in prisons. In 1999, a prison survey conducted for the American Correctional Association found that more than 2,800 babies were born to female inmates in from 1997-1999 (Willing, "Babies Behind Bars").
In federal prison alone, statistics from the Bureau of Justice show that in 1998, the latest year when data is available, there were over 103 pregnant female inmates (ACLU, "Statistics Relating to Women..."). An estimated 13,000 women, typically young and unwed, are pregnant upon incarceration (Tomaso).
Most pregnant inmates are in jail relating to drug charges. As harsher drug measures mete out sentences for even non-violent offenses, the number of pregnant women in prisons is expected to rise.
When a pregnant woman like Carolyn Lindsey enters prison, the Bureau of Prisons provides an OBGYN examination and all her pre-natal and post-partum care. If a female inmate seeks to terminate a pregnancy, an abortion will be provided by the state (ACLU). Most inmates give birth in the prison infirmary or a nearby hospital.
In Texas, where Carolyn is incarcerated, as well as a majority of states, there are no provisions for keeping babies and incarcerated mothers together. After birth, the child is usually turned over to a relative, if a relative agrees to provide care until the mother is released. If no relative is available, the infant is placed in foster care until the mother is free and can seek custody. Finally, if the mother agrees,...
The Home Office website was also a good source of informstion in this regard. A very good article that shed light on the more negative view of Holloway prison as well as units in other prisons was Getting it right? Services for pregnant women, new mothers, and babies in prison. An extremely useful report that deals specifically with Holloway prison was REPORT ON AN UNANNOUNCED FOLLOW-UP INSPECTION OF HM
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The bill includes no provisions for other types of expanded access to prenatal and post-natal care for impoverished women, or expanded funding for drug treatment of pregnant women outside of prisons. It seems like a convenient way to test the constitutionality of Roe v. Wade, as if the bill is contested, the issue of legal abortion will certainly arise in the appellate courts, perhaps even in the Supreme Court.
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