A black & white portrait of a young girl hugging her mother's pregnant belly

Women in Jails Reveal Stark Realities: Support HB 1187

By DEBORAH ESPINOSA, MA
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Jails are basically designed for men. Should we rethink that in regard to women’s health? Arrests are up for women nationally and thousands are pregnant. Some are dying in jails due to pregnancy-related medical issues and so are some babies.

The Prison Policy Initiative reported that for the last 35 years, drug-related arrests have increased 216% for women. That startling fact, is the result of the opioid addiction that began in the ‘90s, and with the global pandemic, numbers skyrocketed. Colorado’s opioid use alone increased 40% in the year 2020.

Another shift impacting women, opioid addiction isn’t just a barrio problem, it is also a white suburban issue. Altogether however, more women are dying in local jails due to overdoses. Two women have died, one women died in Pueblo County jail, and one died in El Paso County Jail, since June, 2022.

There are other serious realities to consider: in states where abortions are illegal, birth rates will climb. At the same time, the U.S. maternal death rate is rising. The U.S. has the highest number of maternal deaths, more than the 11 other richest nations, according to the World’s Health Organization and the Center for Disease Control.”

There is hope. Recently introduced in the Colorado Assembly is House Bill 23-1187, sponsored by Representative Jennifer Bacon and Senator Julie Gonzales. The bill takes into account several social, mental and health factors for pregnant women who are in jail, or a correctional facility. To quote from the bill’s text, “While no system is perfect in responding to the medical conditions of pregnancy, correctional facilities and county jails are particularly ill-equipped to do so.” It is quite possible a woman could experience undiagnosed conditions like an ectopic pregnancy, or postpartum mentalhealth issues. The list is long.

Both drug abuse and pregnancy are serious medical conditions that need frequent monitoring and emergency preparedness. Pueblo’s new jail will soon be under construction. In lieu of changing gender-demographics one has to ask, “What private, emergency, medical-space, personnel and protocols will be implemented for women’s emergency health needs?”

In answering that question, County Commissioner Garrison Ortiz, related that the new Detention Center will have a segregated area for women who rate higher on risk scores. Those that have lower risk scores will have access to an open area. Inmates will have a well-equipped medical clinic that will provide quicker access to care and transportation to the hospital. There will be a designated mental-heath area, a health worker, and a greatly enhanced special-housing unit. The new jail will be completed in two years. In the meantime, support HB 1187 and keep up the conversation.

2,019,900
women are jailed in the U.S. each year.
80% are mothers.

HB 23 1187 allows a court to consider the following forms of alternative sentencing for a pregnant defendant:

  • A diversion, a possible dismissal
  • A deferred judgement and sentence (probationary period)
  • A stay (postponement)
  • An unaccompanied furlough (conditional leave of absence)

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