Justice for Incarcerated Moms Act of 2021: Reflections and recommendations

Abstract

In the last five decades, the number of women behind bars in the United States has risen exponentially. It is now estimated that there are nearly 58,000 admissions of pregnant people—disproportionately women of color—to jails and prisons each year. Recognizing the urgency and consequences of mass incarceration on pregnant people, their families, and communities, House Resolution 948: Justice for Incarcerated Moms Act of 2021 was introduced to Congress as a part of the Black Maternal Health Momnibus. The Justice for Incarcerated Moms Act aims to improve health care and promote dignity for incarcerated pregnant and parenting people through an array of policies and oversight. In this article, we review and reflect on the components of this bill within their broader public health and reproductive justice contexts. We close with recommendations for policymakers and professionals committed to promoting equity and justice for pregnant and postpartum incarcerated people.

Custodial and perinatal care patterns of women who received prenatal care while incarcerated in the Arkansas state prison system, 2014–2019

“…Estelle vs. Gamble (1976) established that all incarcerated persons are entitled to health care for "serious medical needs;" however, adherence to professional standards for perinatal care in carceral settings (e.g., ACOG, 2021;NCCHC, 2020;Sufrin, 2018) is not monitored or enforced, resulting in varied policies, programs, and outcomes across the U.S. (Buchanan, 2012). State and federal initiatives have begun to expand support for women who are incarcerated during pregnancy (Kotlar et al, 2015;Schroeder & Bell, 2005); however services vary widely in their accessibly and provision of care (Shlafer et al, 2022;Wilson et al, 2022). Indeed, it is notable that even amongst the growing body of literature on enhanced perinatal programs in carceral settings (e.g., Wilson et al, 2022), comprehensive programs specifically targeting mental health and addiction amongst this population are rare (Steely Smith, Wilson et al, 2023a;Steely Smith et al, 2023b).…”

Addressing health disparities in the criminal legal system: Translational benefits, challenges, and facilitators of impactful research with incarcerated pregnant women

“…The researchers helped inform programming in Alabama, Arkansas, Georgia, Michigan, and Virginia. The federal prison system is currently considering implementing lactation and doula care for every qualified person in federal custody [ 25 ].…”