By Laura M. Maruschak

This statistical brief presents findings on maternal healthcare and pregnancy prevalence and outcomes for persons in the custody of state or federal correctional authorities in the United States. It reports statistics on (1) pregnancy testing and positive tests among female admissions; (2) pregnancy prevalence and outcomes by type; (3) pregnancy-related training for staff, emergency transportation protocols, and medical services provided to pregnant and postpartum women; (4) accommodations and support services for pregnant and postpartum women; and (5) provision of and participation in nursery or residential programs in which mothers reside with their children. Findings in this report are based on data from the maternal health supplement to the Bureau of Justice Statistics’ annual National Prisoner Statistics collection (NPS-MatHealth).1 The NPS-MatHealth was administered for the first time in 2024 and collected 2023 data on maternal health in correctional settings from the departments of corrections of the 50 states and the Federal Bureau of Prisons (FBOP). For information on the U.S. House of Representatives Committee on Appropriations directive and the feasibility study that led to and informed the NPS-MatHealth, see Data on Maternal Health and Pregnancy Outcomes from Prisons and Jails: Results from a Feasibility Study (NCJ 307326, BJS, January 2024). Pregnancy testing and positive tests among female admissions „ In the 47 jurisdictions that reported pregnancy testing data, 88% of female admissions were tested for pregnancy during 2023 (table 1). „ Among female admissions tested in the 46 jurisdictions that reported the number of admissions who tested positive, 2% tested positive. Pregnancy prevalence in custody and outcomes of pregnancies by type „ On December 31, 2023, 49 jurisdictions reported housing a total of 328 pregnant women, accounting for 0.5% of all the women in the custody of those jurisdictions. „ Sixty percent of pregnant women in the custody of state and federal correctional authorities were white, 20% were black, 9% were Hispanic, 4% were American Indian or Alaska Native, and 2% were Asian, Native Hawaiian, or Other Pacific Islander (table 2). „ Between January 1, 2023 and December 31, 2023, 727 pregnancy outcomes—including live births, miscarriages, and abortions—were reported in 49 jurisdictions (table 3). „ Live births (665) accounted for 91% of the pregnancy outcomes reported, miscarriages (47) accounted for 6%, and abortions (15) accounted for 2%

Washington, DC: U.S. Bureau of Justice Statistics, 2025. 10p.

By Lauren Kuhli and Carolyn Sufrin

The majority of people incarcerated in U.S. women’s jails and prisons are younger than 45; most of them are parents, and some will be pregnant behind bars. The ways that institutions of incarceration manage their reproductive bodies rely on overlapping legal, cultural, social, historical, and racialized foundations that allow reproductive oppressions to flourish behind bars. Yet, as we argue in this article, these dynamics of incarcerated reproduction manifest far beyond prison and jail walls, through criminalizing and restrictive discourses that devalue the reproductive wellbeing of marginalized people. We analyze the legal, clinical, and socio-political dimensions of carceral control of reproduction and reproductive health care in U.S. prisons and jails, including abortion access, prenatal and postpartum care, childbirth, and parenting. We describe violations of constitutional and clinical standards of reproductive care behind bars, showing how these reproductive coercions are grounded in historical legacies of slavery and the ongoing reproductive control of black and other marginalized bodies. This article makes the case that understanding reproduction behind bars and its legacies of racialized reproductive oppressions reveals the carceral dynamics of reproduction that are foundational to U.S. society.

Harvard Law Review, v. 14, 2020, 50p.

By Faride Perez Aucar

In 2020, the world experienced an unprecedented global health crisis with the spread of COVID-19 and historic uprisings for racial justice in the aftermath of the state-sanctioned murders of George Floyd and Breonna Taylor. The pandemic illuminated extreme health inequities and the many harms of incarceration, when prisons, jails, and detention centers largely failed to protect incarcerated people from illness and death. The racial justice uprisings highlighted a long history of anti-Black racism and terror in the country. They also invigorated movements towards racial justice and helped elevate long-standing calls to abolish the prison industrial complex, defund the police, and invest in communities most impacted by mass incarceration and structural racism. In 2022, the U.S. Supreme Court overturned Roe v. Wade, immediately restricting access to abortion across the nation and sparking further efforts to criminalize and block access to reproductive health care. Simultaneously, conservative policymakers, fueled by misinformation and fear, began to increase “Reproductive justice is ‘the human right to own our bodies and control our future, the human right to have children, the human right to not have children, and the human right to parent the children we have in safe and sustainable communities.’” —SisterSong attacks on transgender people, introducing and passing unprecedented numbers of policies across the nation that threaten and harm the ability of transgender, nonbinary, and queer people to live authentically and with dignity and safety. The incoming Trump administration appears poised to launch additional federal-level attacks on both reproductive health care access and the LGBTQ+ community. These rising threats to bodily autonomy call for a recommitment to reproductive justice as a framework and a goal. As defined by SisterSong, reproductive justice is “the human right to own our bodies and control our future, the human right to have children, the human right to not have children, and the human right to parent the children we have in safe and sustainable communities.” The reproductive justice movement and framework have always demanded that we look beyond access to abortion and contraception and firmly ground our analysis in racial justice and the right to bodily autonomy for all—including people who are incarcerated and/or disproportionately impacted by criminalization. In alignment with abolitionist movements, reproductive justice advocates have long held that incarceration in and of itself is a reproductive injustice and an affront to the right of bodily autonomy. Against a national backdrop of anti-abortion extremism culminating in the fall of Roe v. Wade and the proliferation of attacks on reproductive health care across the country, reproductive justice advocates in California have worked in recent years to expand access to care and protections for incarcerated people with major success. Nationally, women constitute the largest growing segment in the incarcerated state prison population, entering at twice the pace of men. In California, since 1980, the number of women in jail has increased by 210%, and the number of women in prison has increased by 433%, translating to about 25% of the total prison and jail population. Women make up a significant subpopulation of the incarcerated population in California: Approximately 5,793 women were incarcerated in state prisons as of 2017, and about 9,443 were incarcerated in jails as of 2015. Just over 1% of California’s prison population—or 1,617 incarcerated people—identify as nonbinary, intersex, or transgender, according to the California Department of Corrections and Rehabilitation (CDCR).8 According to a survey of nonbinary, transgender, and intersex individuals in California women’s prisons conducted by the California Office of the Inspector General, 24.4% of respondents identified as nonbinary, 51.2% identified as transgender, and 4.8% identified as intersex.9 Nearly all California carceral facilities continue to place transgender people, along with nonbinary and two-spirit people,10 in sex-segregated facilities based on their genital anatomy rather than their gender identity, gender expression, or where they feel most safe—despite state laws intended to change this.

San Francisco: ACLU of Northern California, 2025. 50p.