For women in England and Wales, “safety in custody” continues to mean self-harm

January 2015: “On Thursday, the United Kingdom’s Ministry of Justice issued its Safety in custody quarterly update to September 2014. The report is grim.” September 2018: “In July, the Chief Inspector of Prisons for England and Wales released their annual report, and it was predictably grim, especially for women prisoners.” February 2021: On Thursday, January 28, the United Kingdom’s Ministry of Justice issued its Safety in Custody Statistics, England and Wales: Deaths in Prison Custody to December 2020 Assaults and Self-harm to September 2020. The report is generally grim, and especially so for women.” February 2022: “Once upon a time, the word custody meant protection, safekeeping, responsibility for protecting or taking care of. No longer. If one is to take the sorry and sordid output and history of the United Kingdom’s Ministry of Justice, custody today means the power to cage and code for cruelty. It’s that time of the year again when the Ministry releases its in no way long awaited “safety in custody” reports, and, yet again, one can only look at the numbers and wonder. If this is safety in custody, what would danger look like?” Well, here we are, September 2023, and the United Kingdom Ministry of Justice has release yet another `grim’ Safety in Custody Statistics, England and Wales: Deaths in Prison Custody to June 2023 Assaults and Self-harm to March 2023, and this one is actually worse than its predecessors, and, like its predecessors, will go largely unread, undiscussed, and without response, in word or deed. So … here it is, and here we are.

“There were 59,722 self-harm incidents in the 12 months to March 2023, up 11% from the previous 12 months, comprising of a 1% decrease in male establishments and a 52% increase in female establishments. Over the same period, the rate of self-harm incidents per 1,000 prisoners, which takes account of the increase in the prison population between this and the previous year, decreased 5% in male establishments but increased 51% in female establishments.”

Here are the Statistician’s comment: “In female establishments, both self-harm and assault incidents increased, by 52% and 16% respectively, with self-harm incidents reaching their highest level in the time series …. The rate in female establishments has increased considerably by 51% to a new peak (5,826 per 1,000 prisoners), whereas it has decreased 5% in male establishments (523 per 1,000 prisoners), meaning the rate is now more than eleven times higher in female establishments. This was driven by a substantial increase in the average number of incidents among those who self-harmed in female establishments, from 11.1 to 17.0, a much larger increase than previously despite this continuing an increasing trend seen for the last six years.”

The comments continue, more or less in the same vein, but you get the picture. The trend of self-harm among incarcerated women has been bad and getting worse for the past six years, but this year, the increase was much larger. Again, no one other than the usual suspects will pay any attention to this report. How do we know? Because the report was released end of July, and it’s already mid-September, and the response has been a resounding silence. Actually, more like a blurry noise, always there but not worth noticing or discussing.

The violence against women perpetrated by the State is increasing. The report notes that the assaults by women are less violent than those of men. What does that tell you? That the women are sending a message by carving into their own flesh, again and again and again, and all they get, in response, is another government report from a ministry that dares to use the name “Justice”. In circumstances like this, language only exists to demonstrate its own vacuity, our own capacity to empty words of any real significance: grim, custody, justice, harm, responsibility, care, prison, women. We study, we write, we organize … and the violence does more than continue, it escalates: “The number of incidents and rate of self-harm in the female estate are now at the highest level in the time series.” Who cares?

(By Dan Moshenberg)

(Infographic: UK Ministry of Justice)

Where are the women? In England and Wales, in prison awaiting trial, under attack

 

Yesterday, England’s House of Commons Justice Committee delivered its report, “The role of adult custodial remand in the criminal justice system”. The Committee’s summary opens, “At present, the number of defendants being held in custodial remand while awaiting trial is at the highest level it has been for 50 years. They are also being held for longer periods of time, often beyond the statutory six-month limit. Recent figures show that 770 prisoners have been held on custodial remand for over two years, awaiting trial.” The highest level in 50 years. Longer periods of detention. Since 1976, the Bail Act was supposed to avoid precisely this situation, securing the “general right to bail of accused persons”. The idea was to reduce and then keep at a minimum the size of the population of people incarcerated while awaiting trial or any process: “Section 4 (1) raises the presumption that all unconvicted defendants in criminal proceedings will be granted bail.” With a fifty-year high in size and historical record lengths detained as remand incarcerated people, it’s clear the State has refused to recognize its own law, and with that, the dignity and rights of people, especially of women. Where are the women in England and Wales? According to the House of Commons Justice Committee, they’re incarcerated and awaiting trial: “The use of custodial remand for non-violent offences is a particularly acute practice for women. 85% of women on remand in prison have been charged for a non-violent crime.” 85% of women on remand in prison have been charged for an offense that, if found guilty, would not result in incarceration, and yet there they sit, incarcerated.

Two-thirds of the women remanded to prison are found not guilty or given a community outcome. There are little to no services in the remand sections of prisons, and yet “acutely mentally unwell women” are remanded to prison, often. When pressed to at least collect data on the situation, the government “rejected” the proposal, on the grounds that it was moving to implement reforms. The highest level in 50 years must be the result of those reforms. According to various support organizations, most women remanded to prison have no fixed abode, at the moment of reception.

The report goes on to describe “The female estate”: “The number of women received into prison on remand increased by 9% between April to June 2020 and July to September 2021. Women entering prison on remand account for over half of the women received into prison in a given year. The size and geography of the women’s estate means women tend to be held further from home, creating difficulties in maintaining contact with their families and within the remit of local services. 40% of women remanded into custody do not go on to receive a custodial sentence …. Almost nine in 10 women held on remand are low or medium risk of serious harm to the public …. Women can be held in prison on remand due to a lack of available appropriate accommodation in the community rather than because they are a threat to the public.”

Finally, “an acting prison governor at Bronzefield Prison, which has the highest number of remanded women in the country, noted that the large number of women on remand had restricted the capacity for prison staff to work constructively with the sentenced women in their care.”

It took decades for this deplorable and utterly predictable situation to occur. In 2012, the Chief Inspector of Prisons noted that remand incarcerated people were treated worse than convicted incarcerated people, and that women were “over-represented” in that population. Eleven years later, women are more over-represented and for longer periods of time. And then there’s Covid. Decades of defunding public services, throwing women into prison `protection’ for `their own good’ as well as the `public safety’, and ignoring, and violating. laws, because, really, what does the law mean for women, have resulted in a thoroughly outrageous and, again, altogether predictable situation. Where are the women in England and Wales today? In prison, under attack.

(By Dan Moshenberg)

(Photo Credit: Gabriel Saints / UK House of Commons Justice Committee)

In Pakistan, women’s jails are overcrowded, mostly with women awaiting trial

According to today’s Express Tribune, in Sindh, one of Pakistan’s four provinces, jails are “bursting at the seams with twice the population”. Some jails are at six times their prescribed capacity. In another piece, still in today’s Express Tribune, in Punjab, the most populous province in Pakistan, 927 women are currently incarcerated. Of those women, 91 are mothers currently living, in prison, with their children. What do these numbers mean, and, even more, where are the women?

Sindh’s three women’s jails are located in Karachi, Hyderabad, and Sukkur. Together, they house 486 women. Their official capacity is 420, and so they’re 18% over capacity. To put that in perspective, Sindh’s jails’ official capacity is 13,500, and they currently house 23,500. The jails for men and women are 74% over capacity. Here’s the thing about the incarcerated women’s `rosy’ picture. Of the 486 incarcerated women, 421 are under trial, or remand, prisoners. That is, they are awaiting trial. 87% of the women have not been convicted of any crime. For the general prison population in Sindh, 77% are awaiting trial. If the State were to release people, and especially women, before trial, not only would there be no `prison overcrowding’ … there would be almost no prison. Further, if the State were to release women who are awaiting trial, the impact on their children would be beneficial.

Which brings us to Punjab, where 927 women are incarcerated. 91 of them are mothers raising their children in prison. Of the 91 mothers, 67 are awaiting trial. 74% of the women are officially not guilty of anything, but they and their children must suffer incarceration. As is so often the case around the world, the women explain they are charged with having assaulted abusive partners. In other cases, the partners can’t take the children, for any of a number of reasons, including divorce. And so, in one province alone, 105 children under the age of six live and grow, or not, in prisons, where the schools are mostly missing in action and where the environment is cruel and inappropriate.

Meanwhile, Punjab jails are 38% beyond their prescribed capacity. The jails experience regular food shortages, as well as staffing shortages. Punjab has 42 prisons; 21 have no doctors. The whole system has a grand total of 40 doctors, for a population of close to 51,000 and growing … and getting sick and dying.

At the end of last year, Pakistan’s prison and jails housed 85,670 individuals, of whom 60,000 – 70% — were awaiting trial. At that time, 1399 women were incarcerated. It’s not clear how long people wait in overcrowded, toxic, life-threatening conditions for `justice to be served’, but it is clear that the situation is untenable. None of this is new: “Pakistan inherited an outdated prison system from the British colonial regime in India and it has not changed much in over 200 years. Even today, the Prisons Act 1894 and the Prisoners Act 1900 are the main laws which govern prisons and prisoners in Pakistan.” The Prisons Act 1894 emerged from recommendations of the 1838 Prison Discipline Committee.

From 1838 to 2022, and beyond, from Pakistan, and India, to England and beyond, women and children suffer indignity, violence, cruelty, disease and death because State policy has created the circumstances in which prisons are crowded `beyond capacity’. You know what is within our capacity? Justice. Shut the prisons and jails. Decolonize justice systems today.

(By Dan Moshenberg)

(Infographic credit: The Express Tribune)

In Australia, Aboriginal and Torres Strait Islander women are incarcerated for being Aboriginal and Torres Strait Islander women

On August 17, the Queensland Sentencing Advisory Council issued a report, Engendering justice – the sentencing of women and girls, that found, yet again, that, from 2015 to 2019, Aboriginal and Torres Strait Islander women in Queensland were disproportionately subjected to incarceration, usually for `minor offences’, usually for short less than a year periods. This happened despite numerous national, organization, and academic reports and recommendations that clearly stated that incarceration for low level offenses was bad for everyone and that short term imprisonment was deeply damaging. And yet here we are, with a skyrocketing rate of Aboriginal and Torres Strait Islander women seemingly trapped behind bars.

That report follows a Guardian Australia report the week before that over 1200 people are detained without having been convicted, sometimes for decades. How? Most of the 1200+ are individuals who were deemed unfit to plead after being charged or were found not guilty due to mental impairment. So, `for their own protection”, they were thrown into prison. In the Northern Territory, one person has been in the Darwin Correctional Centre for more than 30 years. For their own good.

In 2018, Victorian Ombudsperson Deborah Glass investigated the 18-month imprisonment of a 39-year-old woman found unfit to stand trial and not guilty because of mental impairment. And so the province dumped her in solitary. Again, why? Because “Victoria has no secure therapeutic facilities for women with Rebecca’s disability. Authorities were concerned about releasing her into the community because she had no housing or services.” Nowhere to go? Go to jail, to solitary. As Deborah Glass noted, “We heard many more stories, some as sad as Rebecca’s, of people with significant disabilities who had spent long periods in prison. These stories highlight both the trauma of incarceration on acutely vulnerable people, and the threat to community safety in failing to provide a safe and therapeutic alternative to prison.” Glass concluded this case was “the saddest case I have investigated in my time as Ombudsman”.

In response to this week’s report on Queensland, Debbie Kilroy, founder of Sisters Inside, noted, “The thing with these reports and recommendations … the recommendations are not implemented. We’ve even got recommendations from the Royal Commission into Aboriginal Deaths in Custody from 1991 to decriminalise and repeal public drunkenness, and that still hasn’t happened. Governments continue to fund inquiries and reports, but recommendations continue to sit on the bookshelf, gathering dust for decades and decades and decades.”

The recommendations gather dust, the infirm sit in solitary, we hear many stories, sadness abounds. Over four years ago, Australia signed international treaties that required it to open its prisons to independent oversight. Thus far, it has successfully delayed any visit. Signing the document was the point, not changing the system. Debbie Kilroy understands this cynicism and the way in which it abuses language. When a bill was introduced this week to raise the age of criminality to 14, Debbie Kilroy replied, “So what you’re saying is a child, an Aboriginal girl that’s 14 years and one week old, can actually be put in a cage. I do not agree with that — no child should be caged ever.” Start there. No child should be caged ever, no vulnerable person should be caged ever, no person or persons should be caged ever. Ever.

(By Dan Moshenberg)

(Image Credit: National Gallery of Australia)

Forging Friendships and Feminist Resistance: Where are the women, and what happens when they find each other

Paola helps her children with their homework over a video call in her cell

“Neighbors are the center of the universe to each other.”
Bessie Head

In March 2020, as the global COVID-19 pandemic was taking off, the Argentine government approved cell phones for incarcerated people. At that time, Paola was in Penitentiary Unit 47, in Buenos Aires. Upon receiving her phone, the first thing Paola did was call her neighbor, a number she had known by heart. The cell phones were the response to a quarantine that would have restricted visits, in-prison classes, and work outings, essentially increasing the isolation already faced by the prisoners every day. Access to phones has opened doors that were closed like zoom classes, facetime calls with families, digital payments, and one of the most important things: solidarity campaigns. Prisoners have used their cellphones to create Instagram accounts and solidarity campaigns to bridge the gap between prison and the outside world. Not only are the phones used to connect with people outside of prison, but Paola started a Whatsapp group to connect to her friends isolated in other cells, where they share information and activities and keep in touch. This story is important now more than ever because as the pandemic restrictions are lifted, families and human rights organizations are fighting to keep cell phones inside of prisons.

Prisons were designed to limit movement and connections between prisoners and the outside world; this is not a unique-pandemic experience and nothing at all like the celebrities who took to Twitter to share how their COVID-19 quarantine felt like a prison inside of the million-dollar Malibu mansions, but, I digress. What little solace there is to be found within the walls of prisons and jails is often found between the connections women can form, bonded by their mutual understanding of their positions in this world as female prisoners. With the recent death of Katherine Boudin, we can celebrate her work in creating carceral communities to share knowledge of literacy and AIDS; but we also fear for the future of such organizing in the wake of the COVID-19 pandemic.

Paola and her fellow inmates called their children, watched movies, celebrated birthdays together, and had increased access to attorneys, defenders, and legal information. Cellphones across various Buenos Aires prisons were not only used to organize protests but to document the abuses they were protesting and post them online. The videos called attention to the inmates’ abuse claims as well and legitimized them. In the age of social media, giving prisoners access to cellphones provides them a unique opportunity to pursue global campaigns and organizations. Prisons gain their power from isolation and severing ties within and among communities, but bringing them back together, even just virtually, could decrease the power of isolation that the carceral system holds over inmates. During a time of increased border patrol and family separation across national boundaries, maintaining global communities feels more important than ever. Where the global panopticon seems to gain control by maintaining constant surveillance, are cellphones giving us a way, when in the hands of prisoners, to reverse these effects? Does it give prisoners the opportunity to surveil their guards? To look out for each other? To look out for their families?

If neighbors are the center of the universe, then the prison-industrial complex was built to control and sever that center, and as a deadly virus spreads amongst neighbors in and outside of its walls, that center has become increasingly hard to grasp. Women have always found a way to support each other through friendships, campaigns, political organizations, and support groups. In the digital age, there is an opportunity to globalize these systems of support.

Friends watch a movie together in a Penitentiary Unit 47 cell

 

(By Abigail Langmead)

(Photo Credits: Rest of World / )

The global prison population is at an all-time high. Women are the fastest growing prison population, still and again.

Penal Reform International and the Thailand Institute of Justice released Global Prison Trends 2022. While not particularly surprising, it is still a sobering read. First, the global prison population is at an all-time high; 11.5 million people are currently reported as incarcerated. It must be recalled that many countries don’t gather data on prison populations, and other refuse to make public the data they have. 121 countries report prisons above official capacity … in the middle, still, of a highly contagious pandemic. 33% of incarcerated people are awaiting trial, innocent until something or other. Overall, the prison population has risen 24% since 2000. Women are the center of that catastrophic rise: “The number of women in prison has increased 33% over the past 20 years, compared to a 25% rise among men.” Where are the women?

What accounts for the rate of women’s incarceration? The short, and long, answer is patriarchy, misogyny. Women are particularly targeted by the ongoing so-called War on Drugs, especially across Latin America, as well as India, Indonesia, Kenya, Russia, South Africa and Uganda. While women make up a small fraction of people currently on death row, the vast majority are on death row for drug offenses. In Malaysia, for example, 90% of the women on death row were convicted of a drug offense, compared to 70% of the men. Women are also particularly targeted by laws that criminalize poverty and status. For example, 42 African countries criminalize people with no fixed address or means of subsistence. Petty survival theft is treated as a major felony. Women have been arrested for taking discarded food from restaurant trash receptacles.

Globally, the use of formal life imprisonment sentences has increased. In the United States, for example, since 2008, the number of women serving life imprisonment without the possibility of parole has increased 43%. In the United States, one of every fifteen incarcerated women is serving a life sentence, up 19% over thirteen years. Where are the women? In prison, for life.

Globally, the situation for indigenous women has worsened. In Canada, 48% of incarcerated women are Native women. In New Zealand, 60% of incarcerated women are Māori and Pacific women. In New Zealand prisons, Māori women make up as much as almost 80% of those sent into solitary. Further, still in New Zealand, Māori and Pacific women make up 93% of women segregated for 15 days or longer. Where are the indigenous women? In solitary.

Over 740,000 women are in prison. Increasingly, those women are in for longer and longer sentences. Over the past three decades, the number of women serving an indeterminate sentence in England and Wales has increased by 241%. In country after country, women serving life sentences, or sentences that might as well be life sentences, are living with trauma, abuse, violence. Those histories are seldom considered, and the prisons have little to no appropriate health or healing services. `Status offense’ laws – abortion, adultery, sexwork – target increasing numbers of women.

Reproductive health is practically nonexistent for incarcerated women, although eleven countries have passed laws to prohibit the incarceration of pregnant women. Incarcerated women disproportionately live with mental health issues. For example, in England Wales, 70% of incarcerated women, and 48% of incarcerated men, live with mental health `problems’. Self harm and suicide are rampant among incarcerated women. More incarcerated women live with HIV than incarcerated men. According to UNAIDS, in 2020, the average HIV prevalence among women in prison was 5.2%, for men 2.9%.

Globally, prisons are increasingly and more intensely overcrowded. Although women are the fastest growing prison population, they are still the minority. This means they have least access to water and to sanitation. Little drinking water, no toilets, broken toilets are commonplace for incarcerated women.

The global prison population has reached an all-time high. Women are the fastest growing prison population, still and again: Low-income women, Indigenous and Aboriginal women, women of color, minority women, LGBTIQ+ women, elder women, younger women, homeless women, shackdweller women, women living with trauma, women survivors of violence, and so many other women. Nation-states have invested heavily in this program and continue to do so. Last year, at least 21 countries announced their plans to build more prisons. Alabama announced it will use Covid relief funds to build a new women’s prison. The struggle continues.

(By Dan Moshenberg)

(Image Credit: Penal Reform International)

For women in England and Wales, `safety in custody’ still means self-harm

Once upon a time, the word custody meant protection, safekeeping, responsibility for protecting or taking care of. No longer. If one is to take the sorry and sordid output and history of the United Kingdom’s Ministry of Justice, custody today means the power to cage and code for cruelty. It’s that time of the year again when the Ministry releases its in no way long awaited “safety in custody” reports, and, yet again, one can only look at the numbers and wonder. If this is safety in custody, what would danger look like?

And so, without further ado, here’s the Safety in Custody Statistics, England and Wales: Deaths in Prison Custody to December 2021, Assaults and Self-harm to September 2021: “In the 12 months to December 2021, there were 371 deaths in prison custody, an increase of 17% from 318 deaths the previous 12 months … In the most recent quarter there were 84 deaths, a 29% increase from 65 deaths in the previous quarter … [In the 12 months to September 2021] the rate of self-harm incidents per 1,000 prisoners, which takes account of the reduction in the prison population between this and the previous year, decreased 9% in male establishments but increased 5% in female establishments … The rate of assault in male establishments decreased by 15% from the previous 12 months, while the rate in female establishments increased by 3%. Assault rates for the 12 months to September 2021 were higher in female establishments (327 incidents per 1,000 prisoners) than in male establishments (253 incidents per 1,000 prisoners). The rate of assault on staff decreased by 6% in male establishments but increased by 12% in female establishments compared with the previous 12 months. Assault rates have remained higher in female establishments than in male establishments. In the latest quarter, the number of assaults in male establishments increased by 8%, and the number of assaults in female establishments increased by 21%. In the 12 months to September 2021, the proportion of assaults that were on staff was higher in female establishments (56%) than in male establishments (38%).” This is the latest portrait of “safety in custody”.

Since 2011, the rate of self-harm in women’s prisons in England and Wales has risen 61%. That is the trajectory of “safety in custody”.

In the 12 months leading up to December 2021, deaths in custody rose by 14%. Suicides in custody rose by 28%. More than half the suicides occurred within the first 30 days in custody and the first 30 days in the current prison. Prisoners awaiting trial had the highest rate of suicide. Most of the suicides were by hanging.

Last year was the worst for deaths in custody in England and Wales in recorded, documented history. While some of that is attributed to Covid, much of it is systemic. Why is the rate of violence against self and others rising among women in custody?  Women In Prison,  Hibiscus Initiatives, Muslim Women In Prison, Zahid Mubarek Trust, Criminal Justice Alliance and Agenda: the Alliance for women and girls at risk have spent the last year poring over reports; meeting with everyone, especially  “with women with lived experience on the challenges they face at different stages of the criminal justice system, from policing in the community, to courts and sentencing, to prison, to probation and re-entering the community”, and today they released a 10-point action plan for change to end inequality for Black, Asian, minoritized and migrant women in the criminal justice system. Among the many practical, and often common sensical, actions, the fifth calls for the “use of diversion and out of court disposals and end the use of disproportionate custodial sentencing and remands for Black, Asian, minoritized, and migrant women.” Custodial sentencing. There it is again, custody. They call for “the Government to amend the Bail Act (1976) to make it unlawful to remand people to prison `for their own protection’”. By its own report, the so-called criminal justice system of England and Wales indiscriminately targets women of color, minoritized and migrant women. This is the system designated to protect women who have “exhibited anti-social behavior” … by throwing them behind bars? And then we are surprised that every year, rates of self-harm rise, rates of assault rise?

Earlier in the week, the Action Foundation released a report based on the experiences of women sent to the recently built women-only Immigration Centre in Derwentside, which has replaced Yarl’s Wood … for the moment. The study found that women in community do demonstrably better than women in detention. Significantly, community residence costs less than half the price of detention. Detention costs too much, in every sense. Custody should mean protection, safekeeping, responsibility for protecting or taking care of. Community is custody. Nothing else will do.

 

 

(By Dan Moshenberg)

(Infographic Credit: UK Ministry of Justice) (Photo Credit: Action Foundation)

 

 

England invented a new hell for women prisoners: gate sectioning


On Tuesday, October 19, 2021, the Justice Committee of the United Kingdom’s Parliament took “evidence on safety and wellbeing of women in prison” … or the absolute, radical and contrived absence thereof. Among the witnesses were Sandra Fieldhouse, Inspector, Leader of the Women’s Inspection Team, Her Majesty’s Inspectorate of Prisons; and  Juliet Lyon, Chair of the Independent Advisory Panel on Deaths in Custody. Juliet Lyon introduced the “Justice” Committee to the practice of gate sectioning: “The other thing that has arisen that I want to put down a marker about, which I think is mostly anecdotal, although I am sure it is happening, is what is called people being held at the gate, and then put under the Mental Health Act—and then the gate sectioning, which is the way it is referred to. There have been a number of incidents, particularly in relation to women, where they thought they were leaving—they were literally at the gate—and they have to be through that gate before it can happen: they are sectioned, taken away and put in secure care. That simply cannot be right. It is a very cruel thing to do, and it indicates that prison has been allowed to hold on to someone whose behaviour and health have been very poor, and they have been very damaged by it. Gate sectioning is occurring more readily …. It has got to be stopped. It is just not the right way to proceed at all.”

It has got to be stopped. It also has to be asked why it happens at all. Prison officials claim that the main reason is that there aren’t enough spaces in mental health facilities … and so they wait until the last moment, actually the moment after the last moment? To be clear, and one must visualize this, women who have been in poor health, often before prison and more often than not intensified by their stay in prison, even brief stays, are told, “Today, your term is up. You are free to leave.” They pack their belongings, say goodbye to their sisters inside, and head for the exit. Once they have taken a step beyond the exit, they are taken off. This is not about lack of resources. Somehow, magically, when women are released from prison, the beds appear. This is about cruelty, pure and simple.

It isn’t as if leaving prison, going through the gates, is easy for women. As Carolyn Harris, MP for Swansea East, noted earlier this year, “Over half of all women leaving prison have nowhere safe to go. They walk through the gate with three things: the paltry £46 prison discharge grant, a plastic bag full of belongings, and the threat of recall if they miss their probation appointment. For some, the simple fact that they have been in prison a long way from home means that they have no local connections when they are released. For others, who are victims of abuse, returning to their homes, and consequently the perpetrators, comes at a huge personal risk.”

In 2015, the English government established the Through the Gate program, which was supposed to address the issue of people moving back into the community. At that point, the services were poor to nonexistent. In 2017, an evaluation was published that found that people leaving after longer sentences were not prepared for release. In 2016, an evaluation found that people leaving after shorter sentences were not prepared for release. Both evaluations acknowledged the greater incidence of mental health issues among incarcerated women, especially PTSD. That was five years ago, and today … women are snatched at the gates and `sectioned’ off. Meanwhile, a report to Parliament on mental health in prison, submitted September 21, 2021, found “71% of women and 47% of men surveyed by inspectors in prison self-reported having mental health problems.”

Two years ago, the Governor of Low Newton prison is reported to have said, “We wouldn’t ask someone with a broken leg to hobble around waiting until release for treatment”. We wouldn’t,  but we do. In which circle of hell does gate sectioning appear?

 

(By Dan Moshenberg)

(Image Credit: Grace Wilson / Vice)

Women dying in jails across the United States: This is what catastrophe looks like

Tomorrow, Sunday, July 18, the United Nations will celebrate Nelson Mandela International Day. With that in mind, on Friday, July 16, the United Nations released its first global research data on the state of prisons over the past twenty years. It’s predictably grim, especially for women. Globally, one in three incarcerated persons has not been found guilty by a court of justice. Either they are awaiting trial or they are simply being held. This means overcrowded conditions, which means spikes in covid, as we’re seeing this week in Missouri’s prisons. A surge in prison population = a spike in covid. For women, this means a global war on women and girls. From 2000 to 2019, the number of prisoners worldwide increased by more than 25 per cent. During that period, the number of women in prison increased by 33% while the increase for men was 25%. According to the UN, “the female share of the global prison population has increased, from 6.1% in 2000 to 7.2% in 2019.” What does this trend look like in the United States? Catastrophic, and especially so for women being held in jails.

According to the latest jails report from the U.S. Department of Justice, from 2008 to 2018, the female jail population increased by 15% while the male population decreased by 9%. From 2005 to 2018, the female incarceration rate rose by 10%, while the male rate of incarceration dropped by 14%. Between 2008 and 2018, the female jail population rose by 15%, the male jail population dropped by 9%. In terms of criminal justice systems and, specifically, policing and incarceration, the past twenty years have been catastrophic for women globally and nationally.

What does catastrophe look like? According to the most recent U.S. Department of Justice report on mortality in jails, “In 2018, females held in local jails had a higher rate of mortality …  than males.” Chronic diseases, especially respiratory infections, cancer, heart disease; suicide; drug and alcohol related problems are `credited’ as cause of death, but the cause of death is jail itself. While the pandemic has exacerbated the situation, the United Nations report covers two decades, 2000 to 2019, and this is only the second time since 2000, when the Department of Justice started reporting on the situation in jails across the United States, that women had a higher jail mortality rate than men, and that was in 2018, before the pandemic.

Tomorrow, July 18, is Nelson Mandela International Day. Earlier this week, July 13, marked the sixth anniversary of the death of Sandra Bland, in a jail in Texas. Since then, the situation for women in jails across the United States has only worsened. The UN report concludes: “Measures can be taken to counteract the relative increase in the female prison population, including the development and implementation of gender-specific options for diversion and non-custodial measures at every stage of the criminal justice process. Such measures should take into account the history of victimization of many women offenders and their caretaking responsibilities, as well as mitigating factors, such as lack of a criminal history and the nature and severity of the offense.” In other words, find and enforce ways of keeping women out of jail. How many more women must die before we hear and act on this common and evidence-supported sense? 

(By Dan Moshenberg)

(Infographic Credit: Prison Policy Institute)

In Cornton Vale, Scotland’s one women’s prison, women with complex mental health needs are routinely thrown into solitary for days on end

Today, Scotland’s Mental Welfare Commission released the findings of their investigation into the treatment of women with complex mental health needs who have the great misfortune of ending up in Scotland’s one all-women’s prison. The Commission reports that women with mental health needs were sent into solitary confinement, euphemistically called Separation and Reintegration Units, for anywhere from a day to 82 days. The cells are described as “sparse and lacking in comfort. The narratives in women’s notes suggested there was little in the way of positive sensory stimulation in the environment of the SRU. There was limited human contact and if other women in the SRU were distressed or unwell, their vocalisations were likely to be audible, disturbing and distressing. When women’s self-care deteriorated, they may also have experienced physical and sensory discomfort in this context.”

The report goes on to note, “Part of the ethos, and indeed the name of SRUs, is that offenders are reintegrated into the mainstream environment after a period of time. Reintegration did not appear to feature in the majority of cases we reviewed …. For women who were floridly unwell with acute psychosis or manic psychosis, the severity of their symptoms and level of disturbance significantly worsened in the SRU.”

None of this is surprising or new. That solitary confinement, for anyone, is torture is not new. That solitary confinement as a response to women’s health needs is torture is not new. That solitary confinement as a response to women in need is, nevertheless, altogether ordinary also is not new. That solitary confinement worsens everything is also not new. That Cornton Vale is a toxic hot mess, with high levels of suicide and self-harm is also not new. Due to its high rates of suicide and self-harm, Cornton Vale has been called the “vale of death”. None of this is new or surprising.

In 2018, the European Commission on the Prevention of Torture visited Cornton Vale: “The CPT raises serious concerns about the treatment of women prisoners held in segregation at Cornton Vale Prison …. The CPT found women who clearly were in need of urgent care and treatment in a psychiatric facility, and should not have been in a prison environment, let alone segregated for extended periods in solitary confinement under Rules 95 and 41 (accommodation in specified conditions for health or welfare reasons). Prison staff were not trained to manage the highly disturbed women.” When they returned, in 2019, they found that the situation was somewhat improved, in some senses, but that the use of segregation, and in particular long-term isolation, persisted. None of this is new or surprising.

What is new is that this is not new. On July 10, 2017, Nicola Ferguson Sturgeon, First Minister of Scotland and leader of the Scottish National Party, wrote, “Tomorrow sees a major milestone in the transformation of our justice system. We will begin the demolition of Cornton Vale women’s prison, a move that marks the next stage in our plans to ensure Scotland’s penal policy doesn’t just punish people who’ve committed crimes – important though that is – but helps deliver safer communities in the long term.” What happened? Why, four years later, is Cornton Vale still standing? What happened to the alternatives — an 80-bed prison, five regional 20-bed facilities, community sentencing and service, and much greater funding for mental health, drug abuse, counseling? What is the investment in Cornton Vale’s catastrophic failure, such that, four years later, the vale of death, the vale of women’s slow and painful death and deaths? Haven’t there been enough inquiries and enough `discoveries’, enough corpses and enough ruined lives?

(By Dan Moshenberg)

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