women prisoners

In Ireland, the Dóchas Centre is a dumping ground for women living with mental health issues

July 6, 2021 by Guest Blogger 15 Comments

In Irish, dóchas means hope. Every year, Chaplains who serve Ireland’s prisons issue a Chaplains Report. Usually, these reports are fairly modest, tame even, describing the situation in the various prisons. These reports seldom make news. This year, however, the Chaplains reported that the situation in Irish prisons has become dire, and the direst prison is the Dóchas Centre, nestled in the larger Mountjoy Prison, in Dublin. According to Ireland’s Department of Justice, the Dóchas Centre is a “closed, medium security prison for females aged 18 years and over. It is the committal prison for females committed on remand or sentenced from all Courts outside the Munster area.” The Chaplain’s report is more succinct: Dóchas has become “a dumping ground” for women living with mental health issues.

According to the Dóchas Centre Chaplain, “Most recently a prisoner was remanded to the Dochas Centre after having spent over a year in a psychiatric facility. The prisoner was clearly unwell and confused to the extent that after a few days in custody the prisoner wanted to know what hospital she was in. From as soon as she arrived in the Dochas Centre the prisoner remained in bed all day. Prison was obviously not the place for that prisoner, yet the prisoner had been charged, arraigned in Court and remanded to prison. After considerable intervention by the Governor and Health Care Staff, the prisoner was removed back to the psychiatric facility that she had come from …. While Staff were dealing with this prisoner two other prisoners on the same landing were even more difficult to deal with: both were self-harming and both were violent. Both of the prisoners had been treated for mental illness before coming to prison. One of the prisoners had been brought to the Dochas Centre infected with Covid 19. The other prisoner was returned to the psychiatric facility where she had been a patient. That prisoner however was returned to the Dochas after she behaved in the same violent way that she had behaved in when she was being held in the Dochas previously. Obviously she had been referred to the psychiatric facility for specialist treatment. How was she expected to receive that treatment when she was returned to the Dochas? This is a clear example of the Dochas being used as a dumping ground.”

While the Chaplain states repeatedly that the staff at the Dóchas Centre are doing the best they can, the best they can was never meant to address the needs of women living with mental health issues: “The Prison Service is too well aware of how prisons are constantly being used as the dumping ground for other agencies’ problems. Offenders whose offence is rooted in mental illness invariably get sent to prison because the State cannot accommodate them elsewhere. This imposes a duty of care on the Governor and his Staff which the normal exercise of their duty was not designed for. Prison Officers are not trained to handle psychiatric cases …. Covid has preoccupied all our thinking for almost a year. Hospitals filled to capacity are part of everyday discussion. At this time of terrible fear and anxiety in the community, no one is going to be surprised to hear that the Central Mental Hospital has no bed space available either. The difference however is that the CMH had no available space before the Covid 19 pandemic. Most prisons have prisoners suffering from mental illness who have been waiting for a bed in the CMH for over a year.” According to the Chaplain’s Report, the situation is “soul destroying. No one seems to care.”

The Chaplain concludes, “Government could find the resources to rescue the collapse of the banking system. Government could find the resources to pay workers to stay at home during the pandemic. Government could find the resources to protect the vulnerable from a life of addiction, homelessness and petty crime. Government instead sends the weakest and most vulnerable in society to prison at the cost of the tax-payer and the fabric of society.”

There are currently 3866 people held in prisons in Ireland. According to the Justice Minister, over 1700 prisoners are awaiting mental health and substance abuse services. Across Ireland, close to half of all those living in prisons are waiting for treatment. In the Dóchas Centre, bedridden women, dumped and abandoned by the State, stare at the prison walls and imagine they’re being helped. In Ireland, today, dóchas means hope.

(By Dan Moshenberg)

(Photo Credit: Irish Examiner)

Filed Under: General Tagged With: Dan Moshenberg, Dóchas Centre, Haunts, Ireland, prison, women prisoners

New Jersey built a special hell for women, Edna Mahan Correctional Facility for Women

April 12, 2021 by Guest Blogger 43 Comments

An ombudsman is an official appointed to investigate complaints against “maladministration” by a central government. By investigating, an ombudsman protects against governmental abuse of power. It’s that simple … unless you’re in New Jersey. On Thursday, April 8, 2021, New Jersey Department of Corrections Ombudsman Dan DiBenedetti testified before New Jersey state legislature’s judiciary and women and children’s committees. On Friday, April 9, 2021, DeBenedetti announced his resignation, effective August 1, 2021. Dan DiBenedetti has been Ombudsman since 2009. In that time, he has not suggested a single policy recommendation concerning Edna Mahan Correctional Facility, the `open secret’ open sore of New Jersey. No one from the Ombudsman’s staff has visited Edna Mahan in over a year. According to current and former residents of Edna Mahan, there’s no point in contacting the office of the Ombudsman, because they no one from that office ever does anything. Again, Dan DiBenedetti has been Ombudsman since 2009. Why did it take the state legislature over a decade to recognize that something was wrong, that women were being abused not only by the prison staff but by the entire State apparatus?

Here are just a few headlines from the past 12 months: “Sexual abuse of inmates at N.J. women’s prison is an ‘open secret,’ federal inquiry finds” (April 14, 2020); “31 Guards Suspended at a Women’s Prison Plagued by Sexual Violence” (January 28, 2021); “NJ corrections dep’t settles for over $20 million with victims of Edna Mahan abuses dating back to 2014” (April 7, 2021). The State settled with survivors of Edna Mahan, but the issue is far from settled. The abuses didn’t start in 2014. Staff sexual abuse of women at Edna Mahan go back at least as far as 1994, when Kevin Brodie was `caught’, fired and prosecuted. Not a year has gone by since without a similar incident. As last year’s Federal inquiry noted, “Current and former prisoners at Edna Mahan described sexual abuse of prisoners by correction officers as an `open secret.’ There is no indication that NJDOC officers took reasonable responses to prevent correction officers and staff from continuing to sexually abuse prisoners at Edna Mahan.” That report was filed April, 2020. Since then, no one inspected Edna Mahan and no one outside the usual suspects asked why there was no inspection.

On the books, New Jersey’s Department of Corrections Ombudsman actually has quite a bit of power to investigate and prosecute. The Office can force people to testify under oath. But if you have, as New Jersey does, an Ombudsman who came up through the ranks of the Department of Corrections, who views his investigatory powers as a betrayal of his brothers in blue, and if the State legislature is willing to look the other way until it’s forced to look again, then the books don’t much matter.

Now legislators demand a `clean sweep’: “`Everyone has to go,’ Assemblywomen Aura Dunn, R- Morris, Nancy Muñoz, R- Union, and Assemblymen Christopher DePhillips and Bob Auth, both R- Bergen, said in a joint statement Thursday night. What has to go is Edna Mahan Correctional Facility, and not to be replaced with a `better prison’. The Unites States is a gulag archipelago of women’s prisons, each designed as a special hell, including Julia Tutwiler in Alabama, Lowell Correctional in Florida, the California Institution for Women, Huron Valley in Michigan, Muncy in Pennsylvania, and Edna Mahan in New Jersey. Every one of them is an “open secret”, and every one of them must be shut down, once and for all. Otherwise, at some point, the State legislature will meet, in committee, and discover that the Ombudsman, whose only job is to investigate, has nothing to say about the atrocities we commit by looking the other way.

(By Dan Moshenberg)

(Picture credit: Keith A. Muccilli / NJ Advance Media)

Filed Under: General Tagged With: Dan Moshenberg, Edna Mahan Correctional Facility for Women, Haunts, New Jersey, women prisoners

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

February 1, 2021 by Guest Blogger 25 Comments

Quarterly 12-month rolling rate of self-harm incidents per 1,000 prisoners by gender of establishment, 12 months ending September 2010 to 12 months ending September 2020

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. Generally, “In the 12 months to December 2020, there were 318 deaths in prison custody, an increase of 8% from 300 deaths the previous 12 months.” The real story, however, is that of women’s self-harm over the past twelve months: “Self-harm incidents have increased in the female estate and decreased in the male estate from the previous 12-month period: There were 58,870 self-harm incidents in the 12 months to September 2020, down 5% from the previous 12 months, comprising a 7% decrease in male establishments and a 8% increase in female establishments. In the most recent quarter there were 14,167 self-harm incidents, up 9% on the previous quarter, comprising a 5% increase in male establishments and a 24% increase in female establishments.”

What’s going on here? On one hand, the expanded and increased isolation, due to the pandemic, has intensified despair. As Dr. Kate Paradine, CEO of Women in Prison, explained, “Many women haven’t seen their families in person for over a year, and are confined to their cells for up to 23 hours a day. It doesn’t have to be like this – the Government can honor its promise and resume its early release scheme allowing women to safely isolate in the community.”

But Covid-19 is only part of the story. Here’s the report from the same Ministry of Justice a year earlier, Safety in Custody Statistics, England and Wales: Deaths in Prison Custody to March 2020 Assaults and Self-harm to December 2019: “Self-harm incidents reached a record high of 63,328 incidents in the 12 months to December 2019, up 14% from the previous 12 months … Self-harm trends differ considerably by gender.” Where male prisoners suffered 650 incidents of self-harm per 1000 prisoners, female prisoners suffered 3,130 self-harm `events’ per 1000 women prisoners, and that was an increase of 16% from the previous twelve months.

The Safety in Custody report for the year before, to December 2018: “Self-harm incidents reached a record high of 55,598 incidents in 2018, a 25% increase from 2017.” The rate of self-harm among women prisoners that year was 2,675 per 1000, “an increase of 24% in the number of incidents from the previous year.”

The Safety in Custody report for the year before that, to December 2017: “In the 12 months to December 2017, there were 44,651 incidents of self-harm, up 11% from the previous year. The number of self- harming individuals increased by 6% to a new record high of 11,630.” The rate of self-harm among women prisoners that year was 2,093 per 1,000, “an increase of 8% in the number of incidents from the previous year.”

Want to know what this year’s report said? “Self-harm trends differ considerably by gender. The number of incidents in male establishments decreased by 7% … to September 2019 to 46,427 in the 12 months to September 2020. The number of incidents in the female estate increased 8% … to 12,443. On a quarterly basis, the number of incidents in the three months to September 2020 increased by 5% in male establishments compared with the previous three months and increased by 24% in female establishments. The rate of incidents … was 595 incidents per 1,000 prisoners in the male estate …. The rate of incidents in female establishments was far higher, and increased by 18%, from 3,016 in the previous 12 months to 3,557 in the latest 12 months.”

What is the point of calling these “safety in custody” when every single year, the rates of self-harm for women rise and the State trots out the same phrase, “Self-harm trends differ considerably by gender.” Perhaps the point is that, for women, safety in custody, like protection, means self-harm, means there will be a performance of collecting data but really no one in charge gives a damn, or worse, cares only to inflict harm, means there is no justice as long as prisons are held sacred by the State. How is the State responding to its own report of women’s self-harm `in custody’? On Saturday, January 23, it announced a plan to build 500 prison places, for the sake of women’s safety.

by Dan Moshenberg

(Infographic: UK Ministry of Justice)

Filed Under: General Tagged With: Dan Moshenberg, England and Wales, Haunts, self-harm, women prisoners

Why do we continue to leave pregnant women in deathtrap jails, prisons, detention centers?

July 12, 2020 by Dan Moshenberg 13 Comments

At the beginning of March, we asked if Florida would finally stop shackling women prisoners in childbirth. At the end of June, Florida’s Governor signed the Tammy Jackson Healthy Pregnancies for Incarcerated Women Act. Last year, Tammy Jackson gave birth, alone, in a cell in the North Broward Jail, in Pompano Beach. The new law bans shackling pregnant women prisoners; invasive body cavity searches; and the use of solitary confinement; and requires medical examinations at least once every 24 hours. While this is welcome news, it begs the question why it took Florida so long to address the ongoing violence against women in its prisons and jails. Why? Why are pregnant women shackled while pregnant, in childbirth, and after delivery? Why? Across the United States, women, alone in their cells, give birth to children. They are alone because … because they are incarcerated. That justifies all acts of violence and violation, especially against women. Remember, Andrea Circle Bear, the first woman to die of Covid 19 in federal prison, was pregnant when she was sent to prison. Remember, Andrea Circle Bear should never have been incarcerated in the first place, and should never have remained incarcerated. Why is it so hard to release pregnant women from clear and imminent danger?

Every month, the reports come out, and every month, for the past few months, prisons and jails have been the epicenters of Covid infection and mortality. Has that mattered to prison authorities or the public at large? No. Have pregnant women, the most vulnerable sector of the the incarcerated population, been released? No. In North Carolina, pregnant prisoners were told they would be released. It hasn’t happened. The women worry and organize, their families worry and organize, and meanwhile … What?

This week, faced with a monster outbreak of coronavirus in its prison system, and in particular in San Quentin, California is beginning to consider releasing prisoners. Included in that process is the following: “The department also said it is `reviewing potential release protocols’ for those who are pregnant or in hospice.” Why only now are those processes being reviewed? Why is it so very difficult to understand that pregnant women, and those in hospice care, are at particular risk? What is it about a prison uniform that fatally hides one’s humanity? Meanwhile, part of California’s `process’ of reducing prison overcrowding is to keep people in jails. What could possibly go wrong with that plan? Equally nightmarish stories of the abuse of pregnant women in immigrant detention centers continue to pile up as well.

This is the age of mistreatment and abuse of pregnant women. Pregnant women prisoners are the tip not so much of an iceberg as of a continent-wide subterranean volcano. Why are pregnant women being warehoused in jail cells where the staff ignores and `forgets’ them? Why are pregnant women being stuffed into prisons and immigrant detention centers, where they are only meant to suffer and die? If not, we would release them. Period. Meanwhile, the Tennessee legislature passed a bill that would provide medical care for women before and after childbirth, in both prisons and jails. At the same time, “the legislature struck down proposed bans on shackling and solitary confinement for pregnant women this year.” The struggle continues.

(Photo Credit: New York Times)

Filed Under: General Tagged With: Dan Moshenberg, Florida, Haunts, pregnant women, pregnant women prisoners, prison, shackling, Tammy Jackson, Tennessee, women prisoners

We regret to inform you there will NO credible investigation of the stillbirth at Styal prison

June 22, 2020 by Dan Moshenberg 20 Comments

“The prison service has launched an investigation following the death of a baby in prison … The stillbirth of a baby at Styal prison in Wilmslow, Cheshire, on Thursday has been confirmed by the Ministry of Justice. It is the second stillbirth of a baby born to a woman in prison in the space of nine months.” We regret to inform you that there will be no credible investigation of this incident at Styal prison, just as, despite the fact that eleven so-called investigations were conducted after last year’s stillbirth at HMP Bronzefield, nothing came of them. Investigations of ongoing atrocities that produce absolutely no change are not investigations. They are coverups.

The story, such as it is, this time is that a young woman was held in HMP Styal. She did not know that she was pregnant. She did know that she was in excruciating pain. She did tell the staff, who told her to take two aspirins and chill out. The pains increased. Finally, someone realized that the woman was pregnant. By then, it was too late. Now, the Prison Service expresses their deep concern, and the headlines, which are far and few between, suggest that the impending investigation is the real story. In that case, there is no story, because there will be no credible investigation.

What exactly will the Prison Service investigate. Will they, once again, investigate the rash of suicides at HMP Styal between February 2018 to May 2019? Will they investigate, once again, the “epidemic” of women’s self-harm and suicide at HMP Styal between August 2002 and August 2003, the epidemic that prompted the Corston Report: a review of women with particular vulnerabilities in the criminal justice system, published in 2007? Will they investigate the brutal conditions at HMP Styal, as documented in HM Chief Inspector of Prisons’ 2012 report? Will they investigate the Chief of Inspector of Prisons’ 2009 warning of the real and present danger of more deaths occurring at HMP Styal, if services for the vulnerable were not improved? How will the Prison Service investigate its own refusal to act for at least the past eighteen years? There will be numerous performances of investigation and concern, but there will be no credible investigation.

A chapter of the story is this: A woman was in real pain, and the staff meant to take care of her ignored her. The story is the active act of ignoring women to death. Here’s another chapter of the story: despite earlier promises, during the current pandemic, the English Prison Service has released only six pregnant women. In fact, HMP Prison Service has only released one in forty of women prisoners who applied for early release. The story is the active act of ignoring women to death. We regret to inform you that there will be NO credible investigation of the stillbirth at Styal prison. Rather than pretending yet again to investigate, shut Styal once and for all, and release the women who are held there.

(Photo Credit: The Guardian / Don McPhee)

Filed Under: General Tagged With: Dan Moshenberg, Haunts, HMP Styal, Styal, women prisoners

Jails, prisons, detention centers are still COVID death traps, where, despite promises, people in large numbers are left to die. Where is the global outrage?

June 18, 2020 by Dan Moshenberg 46 Comments

Two months ago, prisons and jails made up seven of the ten largest COVID clusters in the United States. Hands were wrung, voices raised, promises made. Today … the situation remains the same, and not only in the United States. In the past six days, we’ve `learned’ that prisons in Turkey, the United Kingdom, Mexico are scandals and worse. In the jails of Maharashtra, in western India, prisoners are tested for COVID … but only once they’re dead, and even then there’s no contact tracing. Across the United States, COVID carceral policy is referred to as a massacre, punishment by pandemic, a death sentence, and a death trap. Over the weekend, COVID cases in the Eloy Detention Center in Arizona `surged’ by 460%. This list is the smallest fraction of the so-called news over the past six days. As national trends more or less flatten, prisons, jails, immigrant detention centers rates zoom skyward. In response, prisons use solitary confinement more intensely and more often, which only drives infection and self-harm rates higher and higher. Some are saying it’s already too late. Women are at the center of this map of abandonment and deceit. Where are the women? Everywhere. Where is the global outrage? Nowhere to be seen.

According to a recent report by HM Inspectorate of Prisons, in England, women prisoners’ rate of self-harm has risen precipitously since March. Women prisoners generally have higher rates of self-harm than male prisoners, largely because so many are living with trauma and mental illness, generally. This has been exacerbated by a new policy of 23-hour a day lockdown. Again, most of the women are in jail and prison for non-violent so-called offenses that would not have been considered criminal in earlier times. One woman, currently held at London’s HMP Downview, has petitioned the United Nations for help. Meanwhile, despite all the promises concerning prisoners living with underlying conditions, as of yet, a trickle has actually been allowed early release, fewer than 30 a week. Yet again, women are at the core of this policy of abandonment and abuse. Despite earlier promises, as of early this week, a sum total of six pregnant prisoners had been released. Twenty-nine pregnant women are still waiting to be released. Of 34 women in mother-and-baby units, 16 have been released. The English government spent £4,000 for electronic tags, to facilitate the release of prisoners. The money was delivered, the tags were delivered, the prisoners remain in solitary confinement in deathtrap prisons and jails. They call it compassionate release.

The same story is true in the United States. In North Carolina, pregnant prisoners were told they would be released. It hasn’t happened. The prisoners and their loved ones are losing hope, and so the system is working perfectly. Seven women currently housed at the Kentucky Correctional Institution for Women, KCIW, are suing for release. All of the women have serious underlying conditions; the rates of infection are rising precipitously; practically no one is being released. In Louisiana, the men’s prisons have somewhat dodged the COVID bullet … for now. But the women’s prisons, which are more dilapidated and more overcrowded, are recording infection rates between 60% and close to 90%. Nothing is being done to address the situation in Louisiana’s women’s prisons, less than nothing. Almost no one is getting `compassionate release’ and no one in charge has a plan, other than solitary confinement, to address the severe overcrowding. From sea to shining sea …

Again, this is the news from only the past six days. Promise that you’ll release pregnant women, and then do nothing. Promise that you’ll take care of those with underlying conditions, and then do nothing. Or worse, institute universal solitary confinement protocols. The situation in prisons, jails, immigrant detention centers has been referred to as “the hidden scandal”, but it’s neither hidden nor, actually, scandalous. It’s the logical consequence of five decades of mass and hyper incarceration; of urban development through racist and misogynist violence under the name of policing; and of abandonment as the only real public and mental health system provided. Where is the global outrage at this situation? Nowhere to be seen. But hey, just remember, we’re all in this together.

(Photo Credit: KentuckyToday)

Filed Under: General Tagged With: compassion, Covid Keywords, Covid-19, Dan Moshenberg, Haunts, pregnant prisoners, women prisoners

In Canada, Joelle Beaulieu refuses the death sentence of incarceration

May 19, 2020 by Dan Moshenberg 8 Comments

Around the World of Covid, the news these days is pretty grim, and the news from prisons, jails, immigrant detention centers, juvenile detention centers is worse. In those places of confinement, generally, rates of infection are rising precipitously and, despite much hand wringing and loud sighing, the State and nation-states have done little to nothing to less than nothing. Given the past decades increased investment in mass and hyper incarceration, this comes as no surprise. But there is good, or at least hopeful, news, and that is in prisoners’ individual and collective actions and resistance. April saw prison uprisings, demonstrations, hunger strikes, and other actions in Sierra Leone, Argentina, Colombia, the United States and beyond. Everywhere, prisoners echo the banner resisting prisoners hung from the rooftop of the Devoto prison in Buenos Aires: “Nos negamos a morir en la cárcel.” We refuse to die in prison. In Virginia, Cynthia Scott, 50 years old, African American, currently incarcerated at the Fluvanna Correctional Center for Women, agreed: “I was not sentenced to death, and I don’t want to die here. But I am afraid I will when the coronavirus comes.” In Canada, on April 21, Joelle Beaulieu, a member of the Ojibwe Nation, incarcerated in a Canadian federal prison in Joliette, Quebec, said NO! to the death sentence of conditions in the federal prisons and sued the Correctional Service Canada for its response, or lack of response, to the Covid pandemic. I was not sentenced to death. We refuse to die in prison.

At the end of April, Joelle Beaulieu sued on behalf of all federal inmates who had been imprisoned in federal prisons in Quebec since March 13. What happens to one happens to all. What happened to Joelle Beaulieu is she was incarcerated at Joliette Women’s Institution. She worked as a cleaner. Joelle Beaulieu worked in highly trafficked, congested areas. When she heard about the pandemic, she asked for gloves, mask and protective gear. The authorities only gave her gloves. When Joelle Beaulieu began developing symptoms, she was given Tylenol. For a week, her symptoms intensified. Finally, after a week, Joelle Beaulieu was tested. Then Joelle Beaulieu was sent to her cell, into what amounted to solitary confinement, for 15 days. She requested either a Native elder or a mental health professional. No one was provided. She says guards did not wear masks or gloves until after she tested positive. Prisoners were told to wash their hands, but were not given disinfectant.

Joelle Beaulieu believes she is “patient zero” of the Joliette Women’s Institution. Within two weeks, the number of Covid positive cases rose from 10 to 50, and by the time Joelle Beaulieu filed her case, more than half the residents had tested positive. On April 21, Quebec reported 114 positive cases. Of that 114, 51 were Joliette Women’s Institution prisoners. Of the women in Quebec who tested positive for Coronavirus, almost all were `residents’ of Joliette Women’s Institution. Joliette Women’s Institution is no outlier, and Joelle Beaulieu’s situation is in no way exceptional. According to Emilie Coyle, Executive Director of the Canadian Association of Elizabeth Fry Societies, “Every time we speak with women who are inside the prisons, whether it’s in Joliette or other federal institutions – they let us know they feel as though they’re not getting the right information. They’re kept in the dark. And that’s particularly concerning for them because they’re trying very hard to participate in keeping themselves safe and healthy.”

In Buenos Aires, when prisoners resisted, they released a statement which said, in part, “We are a mirror of the very society that forgets us and drowns in its own misery, silencing its own true reality:

Those who give up will never win.
We refuse to die in prison.
For a world without slavery and without exclusion.”

From the rooftops of a jail in Buenos Aires to the women’s prison of Virginia to the women’s prisons of Quebec, people are resisting the dehumanization of slavery and exclusion, engaging in the Great Refusal which is the Great Affirmation. They will not be kept in the dark nor will they be silenced. In Canada, Joelle Beaulieu, member of the Ojibwe Nation, said NO to the inhumanity, insisted she was not sentenced to die in prison, and lit a match to light the way to a world without slavery and without exclusion. Others will follow. The struggle continues.

(Photo credit: Sol915)

Filed Under: General Tagged With: Argentina, Canada, Covid-19, Dan Moshenberg, Haunts, Joelle Beaulieu, prison, women prisoners

South Carolina will stop shackling women (prisoners) in childbirth!

May 13, 2020 by Dan Moshenberg 3 Comments

In March, we asked if South Carolina would pass legislation outlawing the shackling of women (prisoners) in childbirth. Two months and a few days later, we now have the answer. Yes! More than yes, a resounding and expansive yes. While the Governor has yet to sign the legislation, he has said, on more than one occasion, that he would sign it. Last year, the South Carolina House of Representatives passed the bill, presented by Rep. Nancy Mace, a Republican representing Daniel Island, by a vote of 104 – 3, but the bill wasn’t sent over to the Senate in time. This year, the House voted 117 – 0, and Senate voted 42 – 0 to pass the bill. This happened in the midst of the South Carolina focusing on coronavirus related issues. Apparently, no one was more surprised that Nancy Mace, who noted, “This is a really big one. It took a lot of people coming together on both sides of the aisle to make it happen, and I’m just really humbled to see that even during a crisis, in South Carolina, we’re getting things done in a nonpartisan way to make our state better.”

This is a really big one. Not only did the legislature unanimously endorse the bill, they expanded it. The original bill essentially brought South Carolina into compliance with the federal First Step Act, passed in 2018, which bans the shackling of pregnant women (prisoners). Looking at the situation and seizing the moment, legislators, from both parties, decided to add the following: “requiring availability of menstrual hygiene products, access to adequate nutrition, an end to solitary confinement for pregnant prisoners and weekly contact visits between incarcerated people with low- or minimum-security classifications and their children.”

South Carolina’s chapter of Americans for Prosperity noted, “The legislature took the right step in banning shackling of incarcerated women during pregnancy, labor and postpartum recuperation, ending an inhumane practice that 42 other states have already opposed. Restoring dignity and treating people with compassion is a common-sense reform to our criminal justice system. We thank the legislature for passing this bill and we urge Governor McMaster to stop this cruel policy.”

In South Carolina, as elsewhere, women, prisoners, supporters invoked dignity. In South Carolina, this week, legislators demonstrated that dignity must include the recognition and abolition of cruelty and then proceed to the respect for all human beings, generally, and, here, for women in their specificity and particularity. Not shackling is a good start, but it remains a negation of a negation. Taking care of pregnant women, no matter where they are, is simply the right thing to do. Meanwhile, this week, members of the Michigan Senate began debating a bill, in committee, that would ban the shackling of pregnant women (prisoners). The struggle continues.

(Image Credit 1: Radical Doula) (Image Credit 2: New York Times / Andrea Dezsö)

Filed Under: General Tagged With: Dan Moshenberg, Haunts, pregnant women prisoners, shackling, South Carolina, women prisoners

Seclusion rooms, prisons, jails: The empire strikes back

March 18, 2020 by Anna Rawls Leave a Comment

In schools across the United States, seclusion rooms exist as a “last resort” practice for educators to restrain and lock “misbehaving” children in isolated rooms. This practice criminalizes behavior at an early age and normalizes the use of solitary confinement. Data on the use of seclusion rooms is often underreported or nonexistent, making them hard to regulate. In Wilmington, North Carolina, for example, there were over 930 reported instances of seclusion reported in Hanover County in 2019. The school district failed to include protocols for these seclusion rooms as well as a crisis management plan on how to meet the needs of children in their yearly handbook. A lack of accountability accompanies these failures. How often does absence of data excuse action?

With seclusion rooms currently under the spotlight, there have been efforts across the United States to control their use through legislation. On March 4th, Missouri legislature made strides in a House Bill (HB 1568) that would establish a ban on seclusion and restraint rooms “except in cases where there is imminent danger to the student or others”. Who decides the exception?

Recently, it was reported that high schools in Leeds, England place students in isolation rooms for doing as little as forgetting books or wearing earrings. How does punishment for actions as minor as this in the education system set a precedent for how individuals are treated by the state as adults?

While legislation to address the use of seclusion rooms is a step in the right direction in terms of initiating conversations and setting precedent, it does not ensure they won’t continue to be used and abused. This exception is seen in cases facing the courts in the United States right now that impact women, such as the recent prosecution of Harvey Weinstein. His sentencing may have shed light on the issues of sexual harassment and misconduct, but it isn’t a cure-all for the deep rooted problem of why it exists and persists. Loopholes and justifications of abuse will continue, especially against women and people of color. How can we make sense of that and move forward knowing that most women behind bars have been victims of physical and sexual violence or other trauma?

How much persistence does it take to dismantle structures and systems?

The Atlanta City Detention Center, a Georgia jail for minor violations such as walking in the roadways or shoplifting, was shut down in May 2019 following years of organizing efforts by Women on the Rise. Led by women impacted by the criminal justice system, Women on the Rise spent years organizing to prevent and repeal legislation that funneled many into the jail. Built in 1996, the jail was intended to hide undesirable residents including the homeless during the Olympics, a testament to how individuals in the city were/are grouped and deemed disposable.

Across the country, 75% of people housed in jails aren’t convicted of a crime and are awaiting trial. If women are the fastest growing populations behind bars, and women of color make up approximately two-thirds of that population, what impact does that have?

The prison system doesn’t function like a recycling center, but a garbage dump. Actions and behaviors of individuals are not assessed for mitigation but deemed unworthy of salvaging. Even short jail time puts individuals, particularly women of color, at risk of losing the security of their jobs and their homes both in the present and the future. It’s a branding that lingers through the presence of the checkbox on job applications and federal documents that accompanies the question: “Do you have a criminal record?”

Why is it okay to uproot someone from their community without justifiable means, assuming their life is expendable? So many individuals with low income jobs worked their way to be where they are. They can’t afford to spend time in jail, and they can’t afford to miss work.

Now in a sudden global health crisis with the novel coronavirus outbreak, it is predicted that the lack of paid sick leave in the United States will make the epidemic even worse. What happens to single moms with multiple jobs and lower incomes that can’t work remotely or afford to take off work? These systemic issues are manifesting into health concerns, but it isn’t anything new. Roughly 25 percent of workers in the United States do not have paid sick leave. On top of that, no federal legislation has ever been passed for paid family leave. What impact does that have on women? Job security in the hands of the employer leaves workers with little or no choice.

It’s almost as if these issues are being brought to light not out of concern for those impacted by them, but out of concern for the well-being of the rest of the population. They are a threat. It’s as if the argument is being raised that in a wealthy democracy, there should be a mandate for paid leave…but not because it’s the right thing to do, but for the public safety of everyone else. It’s a protection of the empire.

(Photo Credit: Workers World / Women on the Rise) (Image Credit: Communities Over Cages: Close the Jail Atlanta)

Filed Under: General Tagged With: Anna Rawls, Atlanta, Close the Jail Atlanta, seclusion rooms, solitary confinement, Women On the Rise, women prisoners

Covid Operations: What happened to a half century of mass incarceration? Covid-19

March 14, 2020 by Dan Moshenberg 188 Comments

In the past week, news agencies and advocacy organizations have discussed the role of prisons and jails in spreading the novel coronavirus. Some are longstanding advocates for just solutions to the incarceration crisis; others, especially news agencies, are just now `discovering’ that prisons, jails and immigration detention centers form an archipelago of infectious morbidity and mortality. Headlines from the past three days include: To Arrest the Spread of Coronavirus, Arrest Fewer People. Visits halted in federal prisons, immigration centers over virus. How Coronavirus Could Affect U.S. Jails and Prisons. Prisons And Jails Worry About Becoming Coronavirus ‘Incubators’. Our Courts and Jails Are Putting Lives at Risk. To contain coronavirus, release people in prison. In Virginia, the Legal Aid Justice Center noted, “Adults and youth held in Virginia’s prisons, jails, and detention centers are particularly vulnerable to the spread of disease and deserve to be protected with adequate sanitation and medical care or, if possible, be released.” England and Wales developed “emergency plans to avoid disruption” in their prisons. Also in England, immigrant advocates called on the government to release hundreds of immigration detention center detainees, noting, “There is a very real risk of an uncontrolled outbreak of Covid-19 in immigration detention”. In France, prisoners, supporters, staff, and advocates are concerned and see no way out of coronavirus running rampant through the prison system.

While this attention is welcome, the question that lingers, and haunts, the current carceral controversy is, “Why now?” Public health researchers have long documented prisons’ role in the spread of infectious disease. From a public health perspective, prisons so dangerous because they’re overcrowded and their systems of care provision, such as they are, have intentionally gone from bad to worse. A half century of mass incarceration married to a global programme of austerity has left us with prisons waiting to pump out HIV and AIDS, TB, Ebola, SARS, opioid addiction, and now Covid-19.

Earlier this year, a special issue of The Lancet began as follows, “About 11 million people are currently being held in custody across the globe and more than 30 million individuals pass through prisons each year, often for short but disruptive periods of time .… The health profile of the detained population is complex, often with co-occurring physical and mental health disorders, and a backdrop of social disadvantage. Detention can also expose people to new and increased health risks, yet the profiles of the population behind bars and their health needs have often been neglected.”

Last year, The Lancet editorial board noted, “The sheer scale of imprisonment in the USA and its unequal burden on people from minority and poor backgrounds raises concerns about its impact on the health and wellbeing of the national population …. Being in prison worsens several health outcomes and might even drive the spread of disease.” Elsewhere, medical researchers noted, “There is a growing epidemic of inadequate health care in U.S. prisons. Shrinking prison budgets, a prison population that is the highest in the world, and for-profit health care contracts all contribute to this epidemic.”

Inadequate health care in prisons across the globe is the growing pandemic that preceded the current pandemic. Where are the women in this pandemic scenario? Women are the fastest growing prison population. What does that “growth” look like? “As adults, women who are incarcerated have enduring reproductive health issues such as unintended pregnancies, adverse birth outcomes, cervical dysplasia and malignancy, and sexually transmitted infections. Women who are pregnant or parenting a newborn during their incarceration are at high risk for poor outcomes, and just like individuals in the community they need prenatal care, supports with labor, postpartum bonding, and breast-feeding support. Women who have returned to the community or are under community supervision face similar health issues as women who are incarcerated and may lack access to care.”

Repeatedly, public health researchers have described the situation in prisons and jails as a crisis. For women – and especially women of color and poor women – that crisis stretches across their lifespan in two ways. First, the health consequences of even short stays in detention endure a lifetime. Second, detention itself lasts a lifetime: “Over 1.2 million women in the United States were on probation, parole, or incarcerated in jail or prison facilities at the end of 2015, the most recent year for which data are available.”

The decades of mass incarceration, in which women have consistently been the fastest growing prison population, are built on systemic neglect. While the current pandemic is in no sense an opportunity, it is a moment in which we can turn that neglect on itself and pay attention, not only to this particular instant but to the decades that prepared the ground, toxically, for it. Immigrant detention, jail, prison are always bad for health. The only route to a healthy world is decarceration.

(Image Credit: Prison Policy Initiative)

Filed Under: General Tagged With: Covid Keywords, Covid-19, Dan Moshenberg, Haunts, Novel Coronavirus, women prisoners