The cruel and usual treatment of women in jails

 

In the United States, jails are filling up, with particularly catastrophic consequences for women. Caging more and more women in jails for longer and longer periods of time is how the State protects its interests … and `its women.’

The Vera Institute released a report last week on the misuse of jails in the United States. It details the ways in which jails have become the repository for the poor, mentally ill, of color. For women, the situation is dire: “Serious mental illness, which includes bipolar disorder, schizophre­nia, and major depression, affects an estimated 14.5 percent of men and 31 percent of women in jails—rates that are four to six times high­er than in the general population … While most people with serious mental illness in jails, both men and women, enter jail charged with minor, nonviolent crimes, they end up staying in jail for longer periods of time. In Los Angeles, for example, Vera found that users of the Department of Mental Health’s services on average spent more than twice as much time in custody than did the general custodial population—43 days and 18 days respectively … Although women still make up a relatively small proportion of the jail population—14 percent in 2013— their share has been steadily increasing, up from 11 percent since 2000 … In 2005, 79 percent of women in jail were mothers, with nearly 250,000 children between them.”

The key here is serious mental illness affects 31 percent of women in jails. Mental illness has a gender here, and it’s women. Somehow, that salient feature drops out of the various news reports, which focus on the warehousing and punishing of the poor for their poverty and often of people of color for their race and ethnicity. Women, mostly poor, mostly women of color, and an extraordinarily high number of whom are living with mental illnesses, are being piled into jails across the country, in increasing numbers and for longer periods of time. As the Vera report notes, the money that pays for this adventure comes from “the same pool of tax revenue that supports schools, transportation, and an array of other public services.” So, first cut the services that might help these women, then pop them in jail, and then, in order to pay the freight, cut the services even further. And for the quarter million children, who are left behind, show no mercy.

Women haunt the entire prison project of the United States. Last month, California `celebrated’ its prison population dipping below the federally mandated level, which is 137.5 percent of capacity. So, the prison system is still overcrowded but not unconstitutionally so. The one exception here is the Central California Women’s Facility, the largest women’s prison in the world, built to house at most 2,000 prisoners. It currently has 3,383. That’s almost 170 percent of capacity, but it’s not cruel and unusual. It’s cruel and usual. The same is happening in the more than 3000 city and county jails across the country. It’s cruel and usual, and so it’s fine.

 

(Infographic: Prison Policy Initiative)

End the epidemic of mass incarceration of women!

 


Once again, the celebration of Thanksgiving, in the United States, coincides with the 16 Days of Activism to End Violence Against Women. One way to acknowledge that intersection could be to address the place of mass incarceration of women. The New York Times lead editorial today, “Mass Imprisonment and Public Health”, argues that incarceration has reached epidemic proportions, and, they insist, when they say “epidemic”, they mean that as literal, not figurative. Nebraska legislators this week heard that, in their state, prisons and jails have become the leading institutions for health care provision for those living with mental illness: “In Nebraska, the Douglas County Jail holds the most mentally ill people.” The legislators heard of the mental illness of people as they enter prison and jail, and they heard of the mental health crises engendered by rampant use of solitary confinement. In Boston, on Tuesday, when over a thousand people marched in solidarity with Ferguson residents and protesters, they marched to the South Bay House of Corrections, chanting, “Black lives matter!” and “We see you!”

We see you. Where are the women in this vision?

On Tuesday, inmates at Fluvanna Correctional Center for Women reached a settlement with the Virginia women’s prison. In 2012, five prisoners, represented by the Legal Aid Justice Center, sued the prison, claiming that the medical care was so bad that it violated the U.S. Constitution’s ban on cruel and unusual punishment. Last week, a Federal judge extended the suit to a class action suit, covering all 1200 prisoners. The judge also ruled that hiring a contractor doesn’t absolve state prison officials of their responsibility to provide adequate health care. He further ruled that the women had serious medical needs. When the State heard that, they caved, and the settlement ensued.

What’s going on here? A Vera Institute report issued last week gives one version, under the title GREATER HEALTH DISPARITIES FOR WOMEN: “The number of women imprisoned in the U.S. increased nearly 6.5-fold from 1980 to 2010. Today, women comprise about 7 percent of all prisoners and 13 percent of all local jail populations, and face a greater burden of disease than incarcerated men, which is partly explained by disturbingly high rates of sexual victimization, substance use, and trauma. An estimated 6 percent are preg­nant, with the majority having conceived within 3 months of release from a prior incarceration. A significant percentage of these women have not seen an obstetrician on a regular basis prior to incarceration and are in unhealthy states due to substance use and malnutrition prior to entering custody. While a structured environment, regular meals, and access to care can improve birth outcomes, according to a recent survey, state prisons often fail to use best prac­tices and established standards when caring for pregnant women.”

Additionally, “Today, about 14.5 percent of men and 31 percent of women in jails have a serious mental illness, such as schizophrenia, major depression, or bipolar disorder, compared to 3.2 and 4.9 percent respectively in the general population … Women experience higher rates of sexual victimization than men. A 2008 survey found three times as many females (13.7 percent) reported being sexually victimized by another prisoner than males (4.2 percent); and that twice as many women reported being sexually victimized by staff.”

All of this happens under the title of “correction.” What exactly is the State “correcting” when it violates women’s rights, bodies, lives, hopes and dreams, and does so without compunction? What is the public policy here that condemns women on the basis of their gender? Want to end violence against women? End the epidemic of mass incarceration of women. Do it now.

 

(Image Credit: Vera Institute of Justice)

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