Pregnant: Women in Prison 321do so. In this way, maybe female prisons can implement the policies and programs
that assist men in continuing their relationships with their families.
Pregnant Women in Prison
Introduction
The inmate population has been on the rise for several years, and the number of fe-
male inmates is increasing at the quickest rate (Flanagan, 1995; Safyer & Richmond,
1995). Incarcerated women pose significantly different problems for penal institu-
tions than incarcerated men, especially in the area of health care. This is because of
difficulties related to pregnancy and childbirth. Data reveal that approximately 6%
of women arrested are pregnant, and more than 80% of incarcerated women fall in
the age range for childbirth (Safyer & Richmond, 1995). Pregnant inmates create
the need for appropriate health care and special services, which should be provided
by all institutions housing women offenders. As is discussed later, many institutions
have not implemented this type of programming for their pregnant prisoners.
When Louwana was sent to a state prison she was pregnant. Her charges were not
oi: a violent nature, and therefore she was not considered a maximum-security prisoner.
However, she was confined around the clock and made to sleep on the floor of a cell
which housed too many inmates. While confined with so many other prisoners, she came
in contact with diseases such as tuberculosis and measles. Obstetric medical services were
never provided to her during the entire course of her pregnancy: When her contractions
started, signaling the beginning of labor, she was informed by the correctional staff that
nobody from the medical unit was available at that time. Louwana was forced to wait
outside the medical clinic, enduring labor pains for 3 hours. She finally gave birth where
she was waiting. Once her baby was born, it was deprived of oxygen and survived for
only a few months (Lays, as cited in Osborne, 1995).Literature Review
Although Louwana s situation may seem extreme and unlikely to occur in modern
prisons, it was not long ago that health care was not even a requirement for prisoners.
It was the Supreme Court case of Estelle v. Gamble (1976) which declared that a
disregard for health care was a violation of the cruel and unusual punishment clause
of the Eighth Amendment. The Court ruled that this applied to the doctors treating
the inmates and to the correctional staff whose job it was to transport the inmates
to medical units and comply with medical directives. Although this case did not
specifically discuss the issue of pregnancy, it did conclude that health care must be
made available in all penal institutions, including women's prisons.
Despite the new law, it has been a long struggle for women, and especially preg-
nant women, to ensure that their health needs are met while in prison. Typically