Transcripts For CSPAN2 House Judiciary Subcommittee Hearing

CSPAN2 House Judiciary Subcommittee Hearing On Women In The Criminal Justice... July 14, 2024

Justice home began in 2013 and as part of the program in cooperation with judges and prosecutors, women who are facing prison or jail for a felony are given a chance to remain at home with their families to be held accountable in the community and to get the help and support that they need to do better, and that is exactly what happens. 88 of justice home graduate remain arrest free after they complete the program. And justice are also realizes massive fiscal savings. Its the total cost of tax payer to incarcerated women in york its just too much of a going to foster care is over 130,000 a year. It costs less than 20,000 a year to support a woman to a Better Future via justice home. And it gets much better results. Again, looking to the states for innovation, we see two new primary care legislation adopted in massachusetts and tennessee. And these new measures require judges in the states to consider, in fact, when theyre in sentencing a person who is aa primary caregiver of minor children, and to impose Accountability Measures that are appropriate for the offense that will not harm those children. And its worth pointing out that massachusetts and tennessee have very different political landscapes. But everybody can see the value of this kind of reform, regardless of their political party. The primary caretaker policies should be adopted within the federal system so that federal judges are required to make the same considerations at sensing. So i look for to todays important test testament of wod girls pathways into prison, but harsh conditions we must survive, and the steps that are necessary for safe and successful return to the community. But i implore the members of this committee and all Public Officials to prioritize policy changes that will reduce the number of women and girls ever going into a correctional facility. Thank you. Because those of the changes that will make us safer. Ms. Kajstura. Thank you chairwoman bass and Ranking Member ratcliffe is your microphone on . It says talk. Thank you chairwoman bass, Ranking Member ratcliffe members for finding opportunity to share some data on womens incarceration, not on because this is an issue thats been overlooked for far too long but also because womens expenses in the criminal Justice System serve to highlight the faults of the entire system. The u. S. Incarcerates women fis rate in the world. So theres a lot of data to dig through it as i outlined the basics i would like you to all people in fact, in mind. When women are incarcerated one in four women have not been convicted. That figure given seats we as incarceration are too much. Since the 70s women state prison population of going faster than their male counterparts. There are nearly ten times as many women state presents them as 40 years ago despite this dramatic growth, womens march ration remains an afterthought. In most states women have not benefited from recent efforts as much as men have. There are many complex and interconnected reasons why the u. S. Is incarcerating women at everincreasing rates. Here are a couple of examples. States to continue to widen the net of, justice involvement by criminalizing womens responses to genderbased abuse and discrimination. Weve heard about the expansion of drug conspiracy laws that lead to even minor or peripheral roles of women receiving very harsh sentences, even more harsh than those in charge of the operation. But in terms of gender abuse, you have policy changes led to mandatory dual arrests. Just simply for fighting back against domestic violence. And once caught in the net that are fewer diffusion programs about the win. Wyoming, for example, there was a boot camp that allowed me to purchase in a sixmonth program instead of having to serve a lengthy sense. But no Summer Program is available in the state for women. They faced youth incarceration for firsttime offenses while their male counterparts can quickly return to the community. Once women are incarcerated they faced more and harsher display sanctions for similar behavior when compared to men. This disciplinary action harms womens ability to earn time off and decreases chances of parole. But tentacles of mass incarceration of a long reach. Women in concert in jails and prisons account for for a small percentage of women under some form of correctional parole. Probation accounts of majority of women and correctional control and is often billed as an alternative to incarceration. Compliance with probation terms is particularly difficult for them. Often sets us up to fail. For example, probation comes with mandatory monthly fees which women are in the worst position to afford, and failing to pay these fees alone is often a violation of probation. Childcare duties for the complicated compliance because probation privates often include travel to mandatory meetings or havent yet advanced having to get permission for an emergency doctors visit. And ongoing struggle for Mental Health and Substance Abuse disorders which affect women in jails are more than men require Additional Support rather than being viewed as punishment, rather than being punished as a failure of probation. And even as incarceration rates drop, womens incarceration continues to grow getting hard data is the obvious next up for policy change. You would think doing how many people are, how many women are locked up and where and why would be easy. After all, this is a population that is literally counted multiple times a day but theres lack of data. I set out to get a complete picture of womens incarceration in my report on womens mass incarceration, the whole pie, and had we together data scattered across government reports and surveys. For example, the last statistics on incarcerated women, it was 1999, 20 years ago. Since then data on a car should women has been available piecemeal scattered throughout the chill population. When our statistical agencies were blindfolded, policymakers are, too. Having accurate timely data is an important part of indie as incarceration of women and, quite frankly, there is such as room for improvement in so many areas that we can wage for Data Collection to catch up on we take, since action today. Thank you. Ms. Onwuka. Good morning. Thank you, chairman bass, thank you, Ranking Member ratcliffe. I work with independent womens forum and where an Educational Organization committed to increasing the number of limited value free markets and personal liberty. We advance policies that enhance peoples freedoms and choices and opportunities. My focus specifically, my work focuses on expanding opportunity for women. This subject is something thats really important to us. It doesnt isnt this a great time for opportunity. We know we have record low unemployment rates, over 1800 new businesses were started by women each day in 20172018. Firms owned by black or women of color have triple digit growth over the past decade. Yet, a criminal background loss locked too many women out of opportunity work is a critical component to Successful Transition from the criminal Justice System back into society. Im encouraged by the historic bipartisan First Step Act was passed and signed into law last year. It laid the foundation but we know theres more to do for women. Conversations like today remind us that the left and the right are committed to helping every american achieve the right to life, liberty and the pursuit of happiness. Organizations across the philosophical spectrum are engaged in criminal justice efforts and for different reasons. We could all agree committed a crime and thank her debt to society should not preclude a woman from the pursuit of a Better Future. Its not just her future but the future of her children, our family, her community that event under Successful Transition back into society. And it all starts with so many women were in the criminal Justice System. You heard the statistics, they are staggering. Whats interesting is we saw the replacement of judicial discretion with onesizefitsall fencing mandates landing a lot of lowlevel nonviolent offenders in federal prison for longer time than otherwise it mightve been given. Particularly because their alternatives to serving time. That nettled impacted women and their families, and as a result you have more are likely to assert as a primary caregiver to children prior to entering prison at plans to return upon release but we know children who spent involved in the Justice System face a host of challenges and difficulties. Incarceration also forces families deeper into poverty and debt. The burden falls on family members, society, and yes, taxpayers. The family bond especially with the children often becomes a motivating factor for women not to return to crime. Effective criminal justice requires respect for the dignity of all people and the successful means towards rehabilitation. Now, while serving time women face special challenges. Some of the panelists have talked about this, from General Health and wellness to ongoing gynecological care and prenatal care if they are pregnant. They are required separate facilities for showering and using the toilet. Serving a criminal sentence vote should not mean that female inmates serve in dehumanizing, unsanitary, unsafe, or unhealthy conditions. Some level of privacy from male guards is a reasonable expectation and can protect your prisoners come many of whom have excellent Sexual Violence. Incarcerated pregnant women are the most vulnerable. Unfortunately, the Justice System really considers the special needs of this population rarely. Thankfully the shaklee women is a practice that has been ended by law because of the risk it poses to moms and babies. And now as a mother of a seven month old baby boy, this is especially close to my heart. Ongoing physical Mental Health care should not be forgotten. When its time for women to return from present that at the moment to begin thinking about what shes going to do afterwards. We know womens recidivism rates are similarly troubling to those of men, about one quarter of women released from prison have an arrest for a new crime within six months. Wanted within your and twothirds i just after so training Technical Education opportunities including those types of Faith Committee commit assets in the rehabilitation reentry process. The evidence of these programs work. The First Step Act encourage Rehabilitation Program that offers incentives to inmates differences right and recidivism reduction programs. And a Strong Economy is an ally in providing women opportunities but where government puts up roadblocks to opportunities, government needs to remove them. Weve seen occupational licenses have been a tremendous hindrance for women who simply want to work. Thats a place where we can start and embracing state take action there. The criminal Justice System is an area where we all believe smart reforms can help women who want to be productive members of society. So i look forward to todays discussion. Thank you. I want to thank all of the witnesses for your testimony today, and we will now proceed under the fiveminute rule with questions. Ill begin recognizing myself for five minutes. Ms. Schenk, i do not understand why you worry indicted. You said that you indicted, it sounded like, years after your Partner Abuse you passed away. You were originally could you please go through the sequence again and explain why you were indicted . Absolute. It tends to be a little confusing sometimes. He, the person i was dating, was murdered like a mansion in 20022. I was initially charged with conspiracy in 2002. I received a letter from i return three months after the initial charge state my case had been dismissed. And your conspiracy was . Drugrelated conspiracy after a crime. So you conspired to sell the drugs even though you are locked in the house against her will . I live in the home. Okay, go ahead. Like i said i moved on with my life and id gotten married, have children, then in 2007 they knocked on my door and come with an indictment and charge me with conspiracy. But not only did i get conspiracy but it also received, i received four felonies. I was charged charged with possession did intend to destroy cocaine, crack and marijuana along with conspiracy charges, based on the fact i live in over you indicted five years after the drug dealer died and five years after you were originally arrested . Yes. Thats tracy. But after you were released i wanted to know what happened with your children. Who took care of your children while you were incarcerated. With their father. And after you got out did you get custody of your children . Absolutely. Three weeks after i got out, i went down with her dad and, i have joint custody of my daughters now. Hes a wonderful man, a wonderful father. He never kept the children from me. Very helpful in keeping my relationship how much time did you serve . Nine years. How old are your children . Audit is 15, eight is 13 and and the lease is 11. From what years when you win and they were held . Four, two, and six weeks old. There now 13, 11 and nine. Were you able to stay in touch with them . Didnt you say for while you are close to them but then you transferred away. Was yesterday initially i was in illinois, and i was able to see them in my first three years for about every six weeks was able to maintain some type of connection with them but the present had closed for women and i was transferred with 40 other women to florida. Did anybody take into consideration the fact that you would not be able to get in touch with your family . There was no consideration for anybody. There were two wanted 40 women scattered all across the country. Illinois was the closest prison for all the women there, so women ended up in california, texas, florida. One thing that is said about women who are incarcerated different for men is that women dont receive visits. Women visit me in prison. Men dont visit him in prison and he wanted to know ms. Schenk and ms. Kerman, was that your experience . Is that what you saw when you in prison or is it that i could . Absolutely. You would get visits and they would be very sparse as far as people there visiting their families. You get a lot of grandmothers bringing kids, caregivers how often did you see women whose children were in foster care while they were speedy often. I would talk to a lot of women. I was there for nine years i spoke to many women over the years who would lose their children to custody of the children, speedy parental rights be terminated . Yes. What was your experience . Did you see women receive visits . Did you know women who lost their children . Did you know women whose children were in foster care . Thank you chairwoman bass. I feel that the relationship between mothers and children is the single most important factor of incarceration of women. I was not a mother when i was incarcerated. I am now. I think about that all the time. I thought about all the time when i locked up. I was very, very lucky to i was serving time in connecticut and i was a resident of new york city, so for many people it was easy to visit me. Since then the fso in danbury has been repurposed and his of women who were incarcerated there have also been transferred far away from their families. What would happen is you would see women, my bunk mates never received a visit the entire time we were together. She had two children but then there were certain families that were fortunate enough to be able to be up in the visiting room. Im going but im Somebody Just wondered if anybody could comment on women at this all became pregnant while they were incarcerated . There was a woman in florida who became pregnant by an officer while i was incarcerated, and that is something that doesnt get talked about often enough, but the safety of women with officers who are there. Thank you. Mr. Ratcliffe. Thank the chair. Ms. Onwuka, you highlighted in your testimony the importance of dignity for women in prison, and i agree with you. This certainly should not be a partisan issue. We should all be willing to address in the spirit of bipartisanship, i think we can, the needs of women, girls in the criminal Justice System. Some of those issues as you pointed out were addressed in the First Step Act, which President Trump signed into law late last year. But you make it also that there are still areas for more to be done at the federal level to provide dignity for women inmates. Can you elaborate on those additional areas for improvement . And specific im interested whether you know any states that are taken action in the specific areas . And then if time is permitting i would like to get the perspective of ms. Schenk and ms. Kerman, given your experiences. Thank you. So actually the comments of ms. Schenk just now touches on one of those, the male Prison Guards area. I think its risen for women to have some expectation of privacy, particularly when youre changing, addressing, showering, and we know female prisoners are vulnerable and a lot of them have unfortunately experienced Sexual Violence in the past. When you have a situation where perhaps a correctional officer enters into a female self and shes changing, she may protest, may have some privacy . And a verbal altercation could ensue, this could be triggering for that women behind bars and it could lead to a place that she doesnt want to go and you dont want to have her being. I think the american, there are a couple of conservative organizations and progressive organizations that of come together to talk about why during incarceration its original that mail cart card sd be present when a prisoner stripsearched. They should be supervising women were in showers and other sensitive areas. Even the idea of forced an ap

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