An Analysis of Court Decisions, Statutes, and Administrative Regulations Related to Pregnant Inmates

Abstract

Pregnant inmates represent about 5% of females within the correctional population. Although this is a small portion of the entire inmate population, it is important to adequately address their needs to protect the health of the mother and the fetus. Many states have failed to properly address this issue. However, the states that appear to be the most comprehensive in terms of their treatment of pregnant inmates are California and Pennsylvania. Other states should model their statutes and administrative regulations after these states to effectively address the needs of pregnant inmates.

Prison Nurseries: A Way to Reduce Recidivism

“…They indicate that many state statutes and administrative regulations are inadequate for meeting the needs of pregnant inmates, both during pregnancy and the postpartum period, according to the guidelines provided by the National Commission on Correctional Health Care (NCCHC) and the American Public Health Association (APHA). Two states that appear to have the most comprehensive coverage for the treatment of pregnant inmates are California and Pennsylvania (Grubb & del Carmen, 2016). Women in nursery programs are usually required to participate in parenting courses, take care of their own child, and refrain from disruptive behavior that would result in misconduct reports.…”

“…Women who have longer prison sentences or histories of child abuse are ineligible to participate in prison nursery programs. A study by Grubb and del Carmen (2016) recommends basic procedures for the counseling and medical treatment of all pregnant women in custody, regardless of whether they are in a nursery program or not. They indicate that many state statutes and administrative regulations are inadequate for meeting the needs of pregnant inmates, both during pregnancy and the postpartum period, according to the guidelines provided by the National Commission on Correctional Health Care (NCCHC) and the American Public Health Association (APHA).…”