How many children die as a result of a parent, and especially a mother, being incarcerated?

Last week former New York Mayor Mike Bloomberg made claims as part of his 2020 presidential campaign to tackle racial bias in the criminal justice system and lower the prison population. In his plan, released on February 18th, Bloomberg promised to “end the era of mass incarceration, ensure fairness and equality in our criminal justice system, and shift its focus from punishment to rehabilitation.” At the same time, he received criticism for his previous support of stop-and-frisk policing that disproportionally targeted people of color during his tenure in New York City. 

If going through the courts is a necessary step to address the criminal justice system, what do these alleged promises mean in a time when the Trump administration has worked to appoint conservative judges? Bloomberg states that as President he would support legislation to make changes for federal officers, pledge money to reforms, and end federal cash bail. While he’s getting pushback for his positions on social issues, it’s worth noting that he spent more than $41 milliontowards campaigns in the 2018 midterm election that would later help elect 21 Democrats to the House. 

Bloomberg’s allocation of wealth raises the question: if wealth and positions of power created the unjust systems that exist today, is wealth also needed to dismantle them? Is it enough to have people with good morals taking initiatives on criminal justice reform, or do you need to have accomplices in positions of power of wealth? In the case of Bloomberg, his contradictory actions bear assessment

Bloomberg claims he will invest $1 billion in programs to support young men of color, but what about young women of color?

This past week, a California lawmaker proposed bill AB 732, also known as the “Reproductive Dignity for Incarcerated People Act” to improve treatment of incarcerated pregnant women. This followed a 2016 ACLU report exposing the abhorrent conditions for pregnant women in jails, and a class action lawsuit after there were three miscarriages and inmate Candace Steel was left alone for hours in her isolated jail cell without care during the labor and delivery of her child in 2017. The Alameda County Sheriff’s Office disputed her account, but a federal judge believes otherwise. Steel was one of 28 other women since 2014 who sued for civil rights violations, medical malpractice and emotional distress. This is just one example of an incident that could have been avoided if proper attention was given to the needs of women. 

Surveillance video released this past week reveals Damaris Rodriguez, a mother of five, suffering from starvation and psychological behavior in a Washington state jail cell before dying from a treatable metabolic condition. 

What is wrong with this sentence: “Since this incident, our employees have received comprehensive training in crisis intervention”. It is all too common: proposed action after a lawsuit. Why? Because we are living in a carceral world where mental and physical health is policed before it is assessed and treated. Will this ever be corrected if poor training is used as a loophole for the state? 

Last week, in Phnom Penh, Cambodia, local rights group Licadho asked prison officials to investigate the death of a five-month-old baby living with its incarcerated mother during her pre-trial detention for possessing $2.50 of methamphetamine. According to a statement issued, the baby had been taken to the hospital for a hip fracture in late January of 2020, where it was denied the ability to spend the night for observation. Upon returning to prison with its mother, it began experiencing medical complications. Only after the baby’s condition worsened was it taken back to the hospital, where it eventually died from pneumonia and severe malnutrition. 

A Prison Department official blamed the child’s death on the mother and denied the baby suffered from malnourishment. Since 2017, there has been mass incarceration of Cambodians as part of the country’s “war on drugs”. The local rights group is bringing this to light in the hope that all pregnant women and mothers in prison with their children serving pre-trial detention will be granted bail before International Women’s Day on March 8, 2020. 

Would this sort of promise be possible in the United States? How many children die as a result of a parent, and especially a mother, being incarcerated?

(Image Credit: Johns Hopkins Medicine)

The austerity of childbirth … in shackles

Austerity preys on women and children. So does State extravagance.

In Greece, women in labor were turned away from public hospitals in Athens, Thessalonika, Rhodes and Rethymnon. Why? They didn’t have jobs, they didn’t have insurance, and they didn’t have cash on hand. Because they couldn’t pay for their hospital visits, up front, they were turned away. It’s the new “health system”, the “unified medical care system”, also known as the “integrated unified hospital treatment”, under the new austerity. In this brave new world, women must pay in advance and then receive the childbirth allowance. The childbirth allowance is 600 Euros. The cost of childbirth is listed at 950 Euros, for `normal’, and 1500 Euros, for caesarean section. If a woman doesn’t have the full freight, she must just go. Even if she does have the money, in the end she bears the difference, anywhere from 350 to 900 Euros. Women bear the difference … literally.

Women’s groups, in particular the Women’s Initiative Against Debt and Austerity Measures and the Independent Women’s Movement, broke the news and mobilized public opinion. Greeks were outraged. The Ministry of Health and Social Solidarity was shocked and announced that, from here on, no woman would be turned away. However, she still must pay the difference.

This is the new face of Greece, the face of austerity. In the United States, this would be business as usual. As one Greek noted, “They turned us into America, where you are finished if you don’t have any good insurance!”. Another agreed, “I am touched, we are becoming America. Giving birth for free in public hospitals? Impossible. Wipe out childbirth allowance NOW as well.”

Welcome to the United States of America.

In the United States, if a woman prisoner is in labor, many states will spare no expense. They will buy the best shackles available. In 36 states, women prisoners in childbirth are handcuffed to beds and delivery tables, are shackled, are refused family in the birthing room, and are denied access to their newborns.

Florida is one of those states. A bill is currently in the legislature that would “create uniform and humane rules for the shackling of incarcerated pregnant women”. Gruesome as that phrase is, in Florida, and in the United States, it’s progress. Illinois passed a similar bill earlier this month.

For undocumented immigrant women prisoners, predictably, the situation is worse.

The line from shackling women prisoners in childbirth across the United States to refusing to treat women in childbirth in Greece is a direct line. In both instances, rational human beings decided that this course of action made sense. It makes sense to shackle women in childbirth? It makes sense to turn away a woman in childbirth? No, it does not.

Austerity and prison are parts of the new global unified medical care system, which is part of the global unified political economy. And in that `unification’, women bear the difference … literally.

(Photo Credit: Alkis Konstantinidis / The Daily Beast)

Women prisoners haunt the modern era

President Obama decided not to release all of the torture pictures, but that’s already old news. What was the big deal, anyway? We already knew that torture happened; in fact, we signed on to that program a long time ago. It’s the story of our modern era, a story haunted by women prisoners.

The Women Behind Bars website shows a picture of a smiling, healthy young woman: “Gina Muniz, in 1998, before she was incarcerated in the LA County Jail and the California state prison system for her first arrest, related to the theft of $200 related to a rapid onset of drug addiction-in the aftermath of her father’s death. The theft was bizarrely classified as a carjacking, although no one was harmed, and no car was stolen. Muniz received life in prison; her lawyer told her she was agreeing to seven years when she pled guilty.” Her mother, Grace Ortega, took the photo. It must have been a happy occasion. Six months after Muniz was arrested, she was dead: “Gina Muniz, September 2000, handcuffed to her deathbed and under 24-hour-guard in Modesto Community Hospital. Next to her is her daughter Amanda. Gina suffered horribly for six months from diagnosed but untreated cervical cancer. When it was diagnosed in L.A. County Jail, early and aggressive treatment would more than likely have saved Gina’s life. Grace Ortega, her mother, was finally able to win compassionate release for her daughter two days before her death, so that she could die at home”. Her mother, Grace Ortega, took the photo. Compassionate release.

Today is June 3, 2009. Yesterday, “Texas carried out its 200th execution under the eight-and-a-half year governorship of Richard Perry on Tuesday. Terry Lee Hankins, 34, was executed by lethal injection shortly after 6pm Texas time. He had been sentenced to death in 2002 for the murder of two of his wife’s children in 2001. Terry Hankins was the 16th person to be executed in Texas this year, out of a national total of 30. This was the 1,166th execution to be carried out in the USA since judicial killing resumed there in 1977, with Texas accounting for 439 of them. Another five men are currently scheduled to be put to death in Texas by mid-September….Texas is home to about seven per cent of the population of the USA and is where fewer than 10 per cent of the country’s murders occur. The state accounts for 37 per cent of the USA’s executions since 1977, and 41 per cent since 2001.”

In America, bad men wear pink underwear. In Texas, bad men are executed. Bad women, too, like Frances Newton. In 2005, “40-year-old Frances Newton became the third woman to be executed by the state of Texas since 1982 (and the first African American woman in the modern era) despite the strong possibility that she was innocent.” What exactly is this modern era? Francis Newton was “only the third woman executed by the state of Texas since 1982, and the first black woman executed since the Civil War. Unique in that historical sense, in other ways the Frances Newton case is painfully unexceptional.” Since the Civil War, since 1865? Francis Newton was the third woman executed in Texas since 1982, and the first Black woman since the mid 1800s. Francis Newton is the modern era, and the modern era goes way back.

On May 20, 2009, the New York State Legislature passed Bill S01290A, which “Provides for the care and custody of pregnant female inmates before, during and after delivery; prohibits the use of restraints of any kind from being used during the transport of such female prisoner to a hospital for the purpose of giving birth, unless such prisoner is a substantial flight risk whereupon handcuffs may be used; prohibits the use of any restraints during labor; requires the presence of corrections personnel during such prisoner’s transport to and from the hospital and during her stay at such hospital.” It’s called an anti-shackling measure: “the new law will make New York one of just  four states in the country that restrict the use of restraints on incarcerated women during pregnancy or childbirth. California and Illinois were the first to put any legal limits on the practice — in both cases, after a series of lawsuits forced the states to overhaul their disastrously inadequate prison healthcare systems. Before the restriction, in Illinois, it was standard practice to chain female inmates to their hospital beds before, during and after the births of their babies. As one advocate told the New York Times, “What was common was one wrist and one ankle.” (A policy that, frighteningly enough, looks positively benevolent compared to Kansas’s, North Carolina’s and Washington’s, which allow women to be locked in belly chains and leg irons while they’re in labor, according to a 2006 investigation by Amnesty International.)” Four states restrict shackles for women prisoners during childbirth. Four. That leaves 46 states to go.

Women prisoners haunt the modern era: some die of lethal neglect, others die by lethal injection, others in shackles bear children. We signed on to this program a long time ago.

(Photo Credit: California Coalition for Women Prisoners)