Disclaimer: This article was written for informational purposes only.
I stumbled upon a report regarding women inmates giving birth while incarcerated. Some states are now offering nursery care. The babies are not removed immediately from the prisons.
What Does Florida Do?
In 2019, The first Dignity for Incarcerated Women bill, HB 49, passed with unanimous bipartisan support from the Florida Legislature. It became law to ensure free healthcare to incarcerated women upon DeSantis's signature.
Florida's second Dignity for Incarcerated Women bill (HB 1259) became law in 2020. The law included language providing women inmates who go into labor to receive transportation to an appropriate medical facility for proper care.
The state of Florida recognized that though both Dignity acts were essential, more protections were needed.
Because? Ava.
Ava's Story
On August 9, 2021, Erica Thompson was in custody at the Alachua County Jail. She was arrested for two active warrant charges of felony violation of probation, and failure to appear on a traffic charge. Erica was also six months pregnant.
Erica told the nurses she was having contractions. Care was not forthcoming and Erica gave birth that night, alone, in her cell.
Her newborn daughter, Ava, was transported to the hospital. Doctors had little hope of her survival due to her small size. Little Ava only lived for a few hours.
Erica Thompson believes her daughter's death could have been avoided had the medical staff done more. Erica stated, “I basically held my baby all night, until she died, until she turned blue.”
Protesters supported Erica and Ava and questioned how this could ever happen. The event was heartbreaking. People demanded answers as to how and why Erica had to give birth in her cell.
Ava's Law
In 2022, the third Dignity Act, "Ava’s Law" requires that every female arrested and not released within 72 hours on bond, is administered a pregnancy test upon her request. The sentencing court is authorized to issue a stay at "the beginning of the period of incarceration for up to a certain timeframe for a pregnant woman convicted of any offense..."
Some states have created an even more comprehensive program for pregnant inmates. They have nurseries within the facility.
In the Washington Corrections Center for Women, mothers in the Residential Parenting Program (RPP) are issued keys to their rooms. They have opportunities to walk their babies in strollers and carry them through the hallways.
Sonya Alley oversees the Residential Parenting Program and believes it gives women a tangible way to turn their lives around.
“It gets them out of their addictive past and co-dependency on drugs, or alcohol or relationships,” she says.
“It seems oxymoronic but there’s some clarity when forced to do a prison sentence and forced to be a parent. It starts to shift the way the women think about themselves, their environments and wanting the best for themselves and their child.”
Florida is not on board with Washington's methods of mother/child care, as of yet. Given the legal restrictions on abortions and the glaring push for pro-life laws, we have to wonder how that will translate to the care for newborns behind bars.
According to "CS/SB 630 (2022) - Pregnant Women in Custody," Florida does acknowledge the need for proper care but has not made a move toward housing the newborns.
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