Pregnancy and Postpartum-Related Accommodations During Incarceration: A Review of Policies in the United States

Incarcerated pregnant and postpartum people are a marginalized group at risk of adverse health outcomes. Routine carceral policies such as search protocols; work, housing, and bunk assignments; and provision of clothing and hygiene products may not be designed for optimal pregnancy and postpartum health. This study examined federal and state statutes and regulations that amend carceral policies to accommodate pregnancy and the postpartum period through a systematic review in WestLaw. We analyzed content from returned statutes and regulations and developed summaries of statutes and regulations for each type of accommodation. Our search revealed that no federal policies exist protecting accommodations during this period. Few states enshrine access to recommended accommodations during pregnancy or postpartum. Only 22 states have policies related to accommodations, and only 10 of these were related to the postpartum period. To protect the health of incarcerated pregnant and postpartum people, states and the federal government should pass or amend legislation that codifies recommended accommodations for pregnant and postpartum incarcerated people. Policymakers should also consider mandatory oversight of carceral institutions to ensure policies are consistently communicated and enforced.