Women in Prison

More than 90,000 women are incarcerated in U.S. prisons and jails, of whom 60,000 are mothers of dependent children. Sixty percent of incarcerated women in federal prisons have been convicted of drug law violations. In 1982, New York State sent 67 women to prison for drug offense. By 1993 that number had grown to 1,215-an increase of 2000%.

The dramatic increase is driven largely by mandatory drug sentences. In 1991, 1 in 3 women in State prison was serving time for a drug crime, compared to 1 in 8 in 1986. In 1994, 70% of all women committed to New York prisons were convicted of nonviolent drug law violations. Race is a factor. Although drug abuse is equally pervasive among all segments of society, 92% of pregnant addicts reported to authorities are either Black or have annual incomes of less than $25,000. Sentencing discrepancies of 100 to 1 for possession of crack versus cocaine powder result in addicts from poor neighborhoods spending more time in prison.

Couriers, called "drug mules" are usually women who are arrested for bringing drugs into this country. Some are poor women who have agreed to transport drugs for payment, but many were unknowingly exploited, coerced, or tricked into the drug trade by men who are active dealers. So-called drug mules are trapped by mandatory sentencing structures. Many who are innocent engage in plea bargaining, hoping to avoid mandatory sentencing of 15 years to life.

The annual cost for one woman and her child in a full residential treatment program costs no more than $26,000, as opposed to $30,000 to put her in a New York State prison, $59,000 in a New York City jail, and $20,000 to keep her child in foster care. The additional savings due to lowered recidivism when an addict receives treatment are enormous. They are reflected in reduced correctional and social service budgets and improvements in the lives of children.

Whether drug addiction is a crime or a health issue depends on who you are. White middle- and upper-class women tend to go into private treatment programs; poor and minority women with substance abuse problems are more likely to end up in jail. The fact is, addiction is a disease that shatters families and costs taxpayers billions of dollars.

As for pregnant addicts, exposure to alcohol and drugs is probably the most preventable cause of birth defects, but 9 out of 10 pregnant addicts who need treatment don't receive it. Low-income pregnant addicts who appeal to their doctors for help risk being put in prison for the "crime" of addiction instead of receiving treatment.

Budget allocations for all treatment and prevention programs have been severely cut back so that often all that remains are volunteer AA and NA programs. Most drug treatment programs are set up for men with no provisions for children, and are often too confrontational for abused women. Meanwhile, drugs aren't hard to obtain in prison, and addiction can worsen while a woman is incarcerated.

The Rockefeller Drug Laws are mandatory sentencing laws that were enacted in New York State in 1973 and require a minimum sentence of 15 years to life for the possession of four or more ounces of a narcotic drug. A judge cannot take into consideration the circumstances surrounding the crime or the circumstances of the individual-lack of prior offenses, sole caretaker of children, etc. The Correctional Association of New York recently found that 95% of the women convicted under the Rockefeller Drug Laws had no prior criminal history.

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