From Health Affairs:
In the past 40 years, the number of women in prisons and jails in the United States has skyrocketed. Between 1980 and 2021, the percentage of incarcerated women increased by more than 525 percent, outpacing rates of incarcerated men during this time period. The most recent data from the Bureau of Justice Statistics shows yet another increase, with 5 percent growth between 2021 and 2022. Overall, women are more likely than men to be incarcerated for drug and property offenses. Reflecting the disparities of the US criminal justice system, incarceration rates among women disproportionally affect individuals of color, especially Black women, who are incarcerated at twice the rate of their White counterparts. Of this growing population of incarcerated women, the majority are of reproductive age. It is estimated that 4 percent of women are pregnant upon admission to state prisons, and 58 percent of women in jails are mothers. Not all individuals who may experience pregnancy identify as women, and health care and carceral environments impact transwomen and nonbinary folk experiencing pregnancy as well.
Although there have always been obstacles to accessing abortion for incarcerated pregnant people, in the aftermath of the US Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, many more incarcerated pregnant people will be forced to give birth in prison. With the exception of Montana, the 10 states with the highest percentages of incarcerated women also have enacted abortion bans. In addition, the Dobbs decision has accelerated efforts in some states to prosecute pregnant people who use drugs under fetal protection laws. Criminalization of pregnancy, in combination with reduced access to abortion, will likely increase the number of incarcerated pregnant people in states with abortion bans and punitive policies. Given existing racial disparities in reporting and prosecuting pregnant people of color for drug use, Black pregnant people are likely to be disproportionately affected, thereby exacerbating the Black maternal health crisis. Continue reading >>>
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