Findings from the 2016 ACLU of Northern California report Reproductive Health Behind Bars in California helped lay the foundation for the passage of California’s Reproductive Dignity for Incarcerated People Act in 2020, which expanded reproductive and pregnancy-related health protections in California jails and state prisons.

But with a growing number of state legislatures restricting abortion access and attacking transgender and nonbinary people, and the current federal administration expected to pursue more of the same, Fighting for Reproductive Justice While Incarcerated asks what more must a state with baseline reproductive rights do to move towards reproductive justice?

This report evaluates this question from the perspective of those behind bars in California jails and prisons and proposes solutions to the remaining barriers that conviction and incarceration impose with respect to bodily autonomy, family unity, and reproductive futures.

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Key Takeaways

A.Key Takeaways

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  • Implementation and enforcement of California laws guaranteeing baseline access to reproductive health care in jails and prisons have been inconsistent. Policymakers must adopt clear standards throughout the state, and carceral officials must follow those mandates.
  • In addition to reproductive health care, California policymakers also must pursue laws and policies that safeguard incarcerated people from sexual assault and protect incarcerated LGBTQ+ people’s safety, dignity, and autonomy, as well as policies that support keeping families together.
  • Sexual assault is pervasive in California jails and prisons. The California Department of Corrections and Rehabilitation (CDCR) reports that from 2017-2022, men’s and women’s prisons received more than 500 complaints each year from incarcerated people alleging staff sexual misconduct and harassment. Many prisons and jails across California do not have written policies or procedures to address sexual assault, and staff at many institutions don’t follow existing prevention and accountability policies.
  • Reproductive justice also includes incarcerated people’s ability to parent their children. Nearly 200,000 children in California have parents incarcerated in state prison, and family policing system policies deliberately and frequently result in the permanent loss of parental rights for people who are incarcerated.

Policy Recommendations

A.Policy Recommendations

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  1. Reduce reliance on jails and prisons by expanding access to alternatives to incarceration and releasing people.
  2. Ensure existing state laws are effectively implemented in jails and prisons and followed by staff.
  3. Clarify California’s law prohibiting the shackling of pregnant people.
  4. Adopt, evaluate, and update reproductive health care and sexual assault policies.
  5. Make reproductive health care and sexual assault policies inclusive of transgender, nonbinary, and intersex people.
  6. Adopt and implement policies that allow transgender, non-binary, and intersex people to state whether they would feel safer being housed in a facility designated for men or for women.
  7. Better protect incarcerated people’s access to lactation accommodations.
  8. Ensure incarcerated people are informed of their rights to obtain comprehensive sexual and reproductive health care, including by ensuring materials and communications are provided to incarcerated people in the language that is most accessible to them.
  9. Remove barriers to family reunification for people who are currently and formerly incarcerated, including programming, consistent familial contacts and access to counseling.
  10. Support family togetherness during incarceration and reentry by investing in community-led efforts that affirm the right to self-determination, dignity, and autonomy and help families thrive.
  11. End solitary confinement.
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