Senior Project Presentation

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hello!

I am Elizabeth
Sampsell
Maximum Security Daycare: Prison Nurseries and the
Treatment of Incarcerated Pregnant Women and Mothers
Incarceration of Pregnant Women

Prenatal Care
- standards
- nutrition policies
- medical
examinations
- delivery plan
- restraints
Incarceration of Pregnant Women

Prenatal Care Right to Parent Prison Nurseries


- standards - 14th Amendment - residential
- nutrition policies - 48 hours programs
- medical - Adoption and Safe - parental
examinations Families Act incarceration
- delivery plan - Incarceration ≠ loss - mother/infant bond
- restraints of parental rights - foster care

“Even though he was born in prison, now I can take
this and turn it into something where he won’t even
know this life ever existed.”
Sky Logue (inmate at the Washington Corrections Center for Women)
AFOI
Resource
Drive
elizabethsampselllsa.weebly.com
follow
@female_incarceration_reform
for more updates
Thank You
Questions?
The following slides were used as supplemental information during panel questioning:

9
Legislation

Federal
- Stop Infant Mortality and Recidivism Act (SIMARRA) of 2017: died in Congress

- Protecting the Health and Wellness of Babies and Pregnant Women in Custody Act
of 2020: died in Congress

- Justice for Incarcerated Moms Act of 2021: 19% chance of passing


Rebuttal to Criticisms
- James Dwyer (William and Mary Law Professor) claims that it is unconstitutional to incarcerate a baby

- Author Seham Elmalak responded to Dwyer’s concern in the Pace Law Review, argued that the baby does not lose any rights in a nursery

program and is not being punished (14th Amendment, mother’s choice)

- Ideally, a child would always have a safe and loving home while their mother serves their sentence, but the reality is that they do not always

receive the care they need or deserve with a relative or in state custody.

- Prisons argue that they cannot extend maternal rights to parent because prison is designed to punish and confine criminals, yet no law

explicitly prevents them from switching their focus to improving incarcerated individuals through rehabilitation and chances to bond with

their child.

- Mothers allowed to parent in prison are less inclined to violence and disagreements, and the prisons save money in the long run due to lower

recidivism rates

- Is it fair to allow female inmates to raise their children in prison but not male inmates?

- Children of 88 percent of incarcerated fathers continue to live with their mothers, while only the children of 37 percent of incarcerated

mothers live with their fathers

- Men have higher recidivism rates, more violent crime charges, and are more likely to violate prison rules.
Born Behind Bars

- Indiana Wee Ones Prison Nursery Program


- Opening: “Studies show that it is critical
for the social, intellectual, and physical
development of infants to bond with their
mothers in the first year of life.”
- Little outside family support
- Relationship counseling, classes,
playgrounds, birthday parties
- Generational drug abuse
Of the 200,000+ women currently
incarcerated in the U.S. ...

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