Lawmakers vow to improve care for pregnant women in jails

Sen. Jon Ossoff, D-Ga., introduced similar legislation alongside Sen. John Kennedy, R-La., in February that would require states to report pregnancy data to the attorney general, including whether births took place in a facility or at a hospital. Ossoff, in a statement, called the crisis “one of the most extreme civil rights problems happening in the country today.”

RestoreHER, a Georgia-based organization that helps incarcerated women, is using the investigation’s findings to advocate for bills across the country that would require alternative or deferred sentencing for pregnant detainees and related data collection.

“This story will be our bible and our ‘why’ for change,” said Pamela Winn, the organization’s founder. “No woman should have to give birth in jail or prison.”

Lawmakers in several states have shown interest in proposing legislation, she said. Winn was imprisoned while pregnant more than a decade ago, when she said she suffered a miscarriage after falling while shackled.

Separately in Virginia, state Del. Rae Cousins, a Democrat, is working on a measure that would require jails and prisons to report the number of pregnant people in custody, along with the number of emergencies and deaths. Cousins, who called the findings “gut wrenching,” also wants to expand on a law passed in May that requires judges to consider a woman’s pregnancy when deciding whether to release them before trial. She wants the state to set higher standards of care for incarcerated pregnant women and require that they be given home electronic monitoring if convicted.

Next year, Texas jails will be required to release a first-of-its-kind report on maternal health, pregnancy complications and mortality rates — a template advocates hope will be used in other states. State Rep. Mary González said she expects the data to confirm that women have inadequate access to prenatal care behind bars, information she hopes will help make the issue a priority among policymakers.

“There is still a lot of work to do, and I’m ashamed it’s taking so long,” González, a Democrat, said.

Dr. Carolyn Sufrin, an OB-GYN at the Johns Hopkins University School of Medicine and a leading researcher on reproductive health care for incarcerated women, said she was encouraged by lawmakers’ plans but said oversight and enforcement are key.

“If we have decided that we are going to lock up pregnant individuals, then we have to make sure those places aren’t doing them harm,” Sufrin said.

That can include local efforts such as training sessions for jail staff and doula programs.

The Arlington County Detention Facility in Virginia, for example, has a doula program tailored to the needs of pregnant detainees.

Kenda Denia, founder and executive director of Birth in Color, the nonprofit that helps run the program, said Arlington County Sheriff Jose Quiroz was the only jailer in the state who responded to her offer of doula services for jailed mothers-to-be, reflecting a broader lack of interest and resources.

Denia has been a doula for four women at the jail since early 2024, helping them not only navigate pregnancy and birth but their lives as mothers after they leave custody.

“When you are helping people who others have given up on, it gives you a sense of satisfaction because you’re fighting to give them a better life,” Denia said.