Suppose a young woman
is approximately six months pregnant.
Typically, this is a very exciting time in a woman’s life; the
opportunity to bring another person into this world. However, deviating from the standards of
normalcy this woman has just been sentenced to a two year sentence for a crime
that she committed. If her sentence is to be served within the walls of most
United States Correctional Facilities, she will most likely not to see her child
after birth. However, mothers in New Zealand are allowed to keep their children
with them during their sentence for a period of up to 24 months. When a convict
is required to serve time and also holds the title of a parent there are many
complex issues that can arise because the child will undoubtedly be affected in
one way or another which proves controversial. The question that I present is
which system has the greater benefit for society as a whole? One that deprives
a mother and child of essential bonding and the opportunity to breastfeed or
another that allows children to be brought up in an environment that is not
ideal? Forming an opinion on this
subject is one that requires careful consideration. After researching the topic
I am in support of the system that New Zealand is currently using.
There are two major factors that make incarcerating
mothers hard on families. Women are disproportionately the primary caregiver of
children and they are also frequently convicted of drug related crimes which
typically result in shorter sentences (Pollock, 2002). Regardless of the
sentence length, when a mother is taken from the home it will negatively affect
her family, especially small children whom she is the guardian for. The primary goal of incarceration is to
punish the offender for the deviant behavior she participated in; however this
punishment can potentially harm her children as well. In no way do I believe
that the incarcerated woman should receive special treatment because she is a
mother but I do support that her children are given the opportunity to maintain
the important parent/child relationship.
Currently,
in the United States women are separated from their children in most
correctional facilities. This puts undue stress on children who will most
likely experience many changes in their daily lives such as changing homes,
schools, neighborhoods, and guardian(s) as well as losing their mother (Dr. Kingi,
2000). Furthermore, if a woman is expecting a child
during her sentence it is likely that she will begin serving her sentence, as
well as being taken to a community hospital for birth since most correctional
facilities do not have medical equipment necessary for the birthing process (Braithwaite,
Arriola, & Newkirk, 2006). Following the birth
of her child, she will be taken back to finish her sentence and her child will
be left in the care of relatives or in foster care. This immediate separation
is detrimental to the natural process mother/child bonding and nursing which
the newborn would benefit from (Pollock, 2002). It has been reported that children that are
subjected to maternal incarceration are prone to experience physical, emotional
or psychological problems such as hypertension, aggressive behavior, and
withdrawal (Benekos & Merlo, 1992).
Many would argue that if the mother chooses to
participate in irresponsible, illegal activity that she should accept the
consequences that are in store. Many would also argue that if a mother
participates in illegal activity then she is unfit to be a mother. I argue that even though a parent may make
wrong decisions in life most still desire to be a good parent for their
children. New Zealand is offering the
opportunity for mother’s to keep their children and also provide them with
opportunities to develop better parenting skills which in turn may help
encourage the mother to avoid the negative impact of residual criminal behavior (International
Centre For Prison Studies, 2008). All of these
reasons contribute to why I support the correctional system that New Zealand
has regarding mothers with babies.
New Zealand recently passed the Corrections (Mother’s
with Babies) Amendment Bill in 2008 which extended the amount of time a mother
can keep her baby with her while incarcerated from 9 months to 24 months (Department of
Corrections Ara Poutama Aotearoa, 2011). I believe that the benefits of allowing a
mother to continue caring for children during this time outweigh the negative
impact. It is well known that the first
two years of a child’s life are critical for developing the ability to develop
and cultivate interpersonal bonding (Gabel & Johnston, 1995). It is easier for a
child to experience bonding with a mother that has continuity, rather than
experience periods of separation (Golden, 2005). The development of
“Mother’s with Babies” units provides a safe and non-threatening environment for
the infant. It is believed that allowing
mother’s to continue caring for their infants encourages them to be motivated by
giving them a purpose not to re-offend.
I am in support of allowing mother’s to keep their
children however a few concerns came to my mind, such as what if her offense
involved children? What if she is not mentally able to care for a young child,
even in a structured environment? The
New Zealand Department of Corrections has established a criterion that resolves
most concerns. In order to be eligible a mother must have been the primary
caregiver before and is likely to continue that role after release. She must
have no history of sexual or violent offenses against children. She must be
illicit drug free. She must be willing to sign a Parenting Agreement which
includes participating in parenting programs (Department of Corrections Ara
Poutama Aotearoa, 2011).
I agree with the terms set forth by the Parenting
Agreement which outlines the conditions of being allowed to keep an infant
during prison time. The agreement is between the prisoner and the prison
manager. The agreement confirms that the mother will be responsible for the
care and safety of her child while in prison. It stipulates that all costs will
be covered by the prisoner for any expenses the baby requires such as formula,
clothing, toys etc. or she can have them sent to the prison from support
outside. In turn, the Department of Corrections provides the mother and child
with required parenting education and provides necessary health care for the
infant. In addition, the mother will also have access to counseling or
treatment to help her in her role as mother. Lastly, the “Mother’s with Babies”
program is a privilege not a right. The Parenting Agreement also informs the
mother of reasons why the privilege may be taken away, such as neglect of the
child (Department of Corrections Ara
Poutama Aotearoa, 2011).
In
New Zealand, if the mother or expecting mother is eligible she can apply for
placement in a self-care unit which provides a safe and supportive environment
for her to continue caring for her child.
If she is considered ineligible for the self-care unit, she will be given
the opportunity for daily visits with a child less than 6 months old in secure
facilities to provide her with the opportunity to nurse and bond with the
infant. The “Mother’s with Babies” units
were created to provide a safe and secure location for inmates to serve their
time while providing appropriate facilities suitable for a child to be around.
The goals behind these units are to encourage functional relationships between
mother and child that can continue upon the mothers release and provide a stimulus
for the mother to reduce re-offending. Furthermore, it is believed that this
program can help reduce the “intergenerational transmission of criminality (Department of
Corrections Ara Poutama Aotearoa, 2011).”
Although
the United States predominantly has a different system in place for mothers who
are incarcerated there are some exceptions, such as the Bedford Hills
Correctional Facility in New York which has implemented a program for women
with children (Human Rights Watch, 1993). Bedford Hills not
only has a Sesame Street Program for
children to create a more child-friendly environment for visitation but has
also implemented a summer program where children can stay with host families
near the facility and participate in daily visits with their mother (Benekos &
Merlo, 1992). Bedford Hill’s also provides a nursery that
is described as exceptional for mothers who have been allowed to keep their
newborns with them in prison for a period of 12-18 months at the discretion of
the prison authorities (The Correctional Association of
New York, 2005).
Furthermore,
as the incarceration rate for females’ increases the amount of children
affected will also increase. Traditionally American Correctional systems deny
the mother much contact with a newborn and limited visitation with older
children. I believe the advantages of
allowing parental/child contact throughout the mother’s sentence outweigh the
disadvantages. With a carefully established system such as what exists in New
Zealand, women who are eligible can apply for the opportunity to keep their
infants in prison. This provides benefits for both the mother and child. They
will have the opportunity to bond. The child will be properly nourished with
natural breast milk. The child also is less likely to struggle with attachment
issues or trust issues that would result from a disruptive childhood with
constantly changing caregivers. Allowing
mother’s to keep their child with the required parenting education classes can
promote, and support positive parental engagement in the child’s life. By
engaging in parental education and caring for their children during their
sentence it provides the mother with a stimulus to work harder, and to become
an upstanding member of society upon release. This reduces the risk of repeat
offending. Showing many similarities with the “Mother’s With Babies” units of
New Zealand the Bedford Hills Correctional Facility has been considered
progressive with their establishment of Child Programs and a nursery but it
seems as though they could become an example for other corrections facilities
in the United States.
Works Cited
Benekos, P. J., & Merlo, A. V. (1992). Corrections:
Dilemmas and Directions. Anderson Publishing Co. and Academy of Criminal
Justice Sciences.
Braithwaite, R. L., Arriola, K. J., & Newkirk, C.
(2006). Health Issues Amoung Incarcerated Women. Piscataway: Rutgers
University Press.
Department of Corrections Ara Poutama Aotearoa. (2011,
September 05). Department of Correction/About Us/Information Sheets/How
Corrections Manages offenders in Prison/ Mothers with Babies. Retrieved
from Department of Corrections Ara Poutama Aotearoa:
http://www.corrections.govt.nz/about-us/fact-sheets/managing-offenders/specialist_units/mothers-and-babies-options.html
Dr. Kingi, V. (2000). The Children of Women in Prison: A New
Zealand Study. Women in Corrections: Staff and Clients Conference, (pp.
1-10). Adelaide.
Gabel, K., & Johnston, D. (1995). Children of
Incarcerated Parents. New York: Lexington Books.
Golden, R. (2005). War on the Family: Mothers in Prison
and the Children They Leave Behind. New York: Taylor & Francis Group.
Human Rights Watch. (1993). The Human Rights Watch Global
Report on Prisons.
International Centre For Prison Studies. (2008, April). International
Centre For Prison Studies:International Profile on Women's Prisons.
Retrieved from International Centre For Prison Studies:
http://www.hmprisonservice.gov.uk/assets/documents/10003BB3womens_prisons_int_review_final_report.pdf
Pollock, J. M. (2002). Women Prison & Crime.
Belmont: Wadsworth Group.
Reichel, P. L. (2008). Comparative Criminal Justice
Systems. Upper Saddle River: Pearson Education, Inc. .
The Correctional Association of New York. (2005). The
Correctional Association of New York/Publications/Reports. Retrieved from
http://www.correctionalassociation.org/publications/download/wipp/facility_reports/bedford_2005.pdf
