Examining the reproductive health of prisoners is a good measure of Texas policies on women's health. Texas incarcerated more than 12,000 women during 2005. During fiscal year 2004-2005, over 200 pregnant prisoners were admitted to the Texas Department of Criminal Justice (TDCJ) with a sentence of three year or less.  

Despite their crimes, prisoners are in the care of the state during their incarceration. The Supreme Court has determined that they are entitled to a constitutional level of care.

Nationally, the practice of shackling prisoners during labor continues to be relatively common. This practice includes handcuffing pregnant women to a bed with leg irons or other restraints. Currently, Texas does not have legislation limiting the use of shackling on pregnant inmates.

Consequently, female prisoners are shackled during labor.  According to TDCJ policy, female prisoners have access to abortion services in compliance with state law. The location of the abortion facility must be easily accessible to the prisoner's housing unit. Security and transportation are provided to the prisoner if security clearance is obtained, transportation is available, and payment is arranged. Pregnant prisoners considering elective termination must submit a written request for evaluation to designated health administrators at their housing unit.

During 2000, there were 65 abortion providers in Texas. Additionally, 93% of Texas counties had no abortion provider and 32% of women in the state lived in these counties during 2000. Currently, there are 14 correctional facilities in the state of Texas that detain prisoners. For women incarcerated in counties with no abortion provider it is unclear how accessible elective termination is to them.

Nationally, 25% of all female prisoners enter a correctional facility pregnant or have given birth in the previous year. For the women who do give birth inside of a TDCJ prison there is a limited opportunity to bond with their child after birth. According to policy, once babies are born they are removed from their mother's custody and are not reunited until the prisoner is released.

During the 79th regular session, legislation was unsuccessfully introduced that would have established a TDCJ mother-baby program. A program currently exists for teenage mothers incarcerated in the Texas Youth Commission. However, this program is not available for adult prisoners incarcerated in TDCJ facilities.

A variety of studies have found that increased contact between prisoners and their families can contribute to a prisoner's re-integration into the community after release; currently 97% of all incarcerated adults will be released.  Successful reintegration, in turn, is an indicator of reduced risk of re -offense.

Identifying policies that advance the reproductive health for female prisoners is critical to improving the conditions of confinement. Achieving successful reentry for the prisoners improves the public safety for every Texan.

This article first appeared in the July 2006 edition of the Austin Women's Political Caucus Newsletter.