WHEREAS, NACDL aims to create a society where all individuals receive fair, rational, and humane treatment within the U.S. criminal legal system;
WHEREAS, the federal Bureau of Prisons recently closed FCI Dublin, a federal prison facility, following decades of documented abuse of the women incarcerated there;{1} 1 First Report of the Special Master Pursuant to the Court’s Order of March 26, 2024, U.S Bureau of Prisons, Federal Correctional Institution, Dublin, (June 5, 2024), California Coalition for Women Prisoners, et al., v. United States of America Bureau of Prisons, et al., Case No.: 4:23-cv-4155-YGR, at 100 (hereinafter “Dublin Special Master Report”).
WHEREAS, despite the closure of that facility to prevent any further mistreatment, this action created “mass chaos,”{2} 2 Id. and the women’s “constitutional rights remain threatened[;]”{3} 3 Order Extending Preliminary Injunctive Relief, California Coalition for Women Prisoners, et al. v. United States of America Bureau of Prisons, et al., 23 Civ. 4155 (YGR) (N.D. Cal. July 1, 2024) (ECF # 336), at 6..
WHEREAS, the July 1, 2024, Court Order of the Honorable Yvonne Gonzalez Rogers confirmed that inmates transferred from FCI Dublin to other facilities continue to suffer mistreatment, including an ongoing lack of medical and mental health care, as well as inaccuracies in paperwork that could result in them remaining incarcerated beyond their sentences;{4} 4 Id. See also Order Denying Motion to Dismiss, California Coalition for Women Prisoners, et al. v. United States of America Bureau of Prisons, et al., 23 Civ. 4155 (YGR) (N.D. Cal. Sept. 5, 2024) (ECF # 336), at 4-5..
WHEREAS, investigations into other prison facilities across the U.S. reveal severe mistreatment of women in custody, including in state facilities and of pregnant and postpartum women, as highlighted by the recent investigation and related July 31, 2024, congressional hearing on the abuse of pregnant women in prison, conducted by Senator Jon Ossoff (D – GA) in his capacity as Chairman of the Senate Judiciary Subcommittee on Human Rights and the Law.{5} 5 Birth Behind Bars: Before the Subcomm. on Human Rights and the Law, Senate Comm. on the Judiciary, 118th Cong. (2024) (emphasis added).. During the hearing Sen. Ossoff confirmed that the Subcommittee’s investigation had “identified more than 200 reported human rights abuses against pregnant and postpartum women at state prisons and jails nationwide” and resulted in a finding of “significant and pervasive abuse and mistreatment of pregnant and postpartum women behind bars[;]”{6} 6 Id. (statement by Sen. Jon Ossoff)..
WHEREAS it is well-established that the actual figures, regarding the number of women in federal, state and local prisons and jails who have suffered mistreatment and abuse is far greater than that which has been reported and documented.{7} 7 See, e.g., Dublin Special Master Report, at 69-70; Emily D. Buehler, “Substantiated Incidents of Sexual Victimization Reported by Adult Correctional Authorities, 2016–2018” (Jan. 2023), Bureau of Justice Statistics, Dep’t of Just., available at https://bjs.ojp.gov/document/Sisvraca 1618.pdf. Certain factors, including that incarcerated women must ask staff for appropriate forms, these forms are often only available in English, and fear of reprisal for filing administrative complaints are among those that contribute to underreporting, as highlighted in the Dublin Special Master’s Report;{8} 8 Id.
WHEREAS there is evidence that, even when mistreatment has been documented and reported, current procedures do not ensure the issues raised will be remedied or even sufficiently pursued;{9} 9 See, e.g., Dublin Special Master Report, at 67 (noting that “fewer than 2% of administrative remedies are granted,” and that many women who tried to report sexual assault under PREA were unable to file due to changes in rules, or because the administrative remedy method was determined inappropriate, and thus the self-report was ignored).
WHEREAS, recent federal legislation, namely H.R. 3019, the Federal Prison Oversight Act, signed into law July 25, 2024, focuses exclusively on conditions of confinement at federal facilities, excluding state and local jails and prisons where the vast majority of women are incarcerated, and does not specify how deficiencies and mistreatment of inmates discovered through the oversight process – such as the inspections regime for the Bureau of Prisons and creation of an Ombudsman’s office in the Department of Justice -- will be practically addressed; and,
WHEREAS, women are the fastest-growing prison population in the U.S.;{10} 10 See, e.g., Bureau of Justice Statistics, “Correctional Populations in the United States, 2022 – Statistical Tables” (May 2024), Dep’t of Just., available at https://bjs.ojp.gov/document/cpus22st.pdf; U.S. Commission on Civil Rights, Women in Prison: Seeking Justice Behind Bars (Feb. 2020), available at https://www.usccr.gov/files/pubs/2020/02-26-Women-in-Prison.pdf
THEREFORE,
BE IT RESOLVED that NACDL calls for the release – whether by compassionate release, pardon, commutation or any other mechanism – of any woman incarcerated in the U.S. in conditions that violate international human rights standards to be free of cruel and inhumane treatment,{11} 11 See .e.g., United Nations Minimum Rules on the Treatment of Prisoners; Article 3, European Convention on Human Rights. or that violate state and federal prohibitions on cruel and unusual punishment;
BE IT FURTHER RESOLVED that, notwithstanding the call for the release of these inmates, NACDL demands transparency, accountability, and above all, swift, substantive, and specific action by the facilities, courts and Congress to address and remedy the persistent and systemic maltreatment of women in the U.S. criminal legal system, particularly in jails and prisons.
BE IT FURTHER RESOLVED that nothing in this resolution should be construed as NACDL condoning the continued incarceration of any person in conditions that violate international human rights standards, state or federal prohibitions on cruel and inhumane treatment, nor as an explicit or implicit endorsement or acceptance of carceral punishment generally. Indeed, we condemn the incarceration of any person under such conditions. Rather, NACDL seeks to highlight and speak to the pressing and unique needs and experiences of women in the U.S. criminal legal system, which have historically been an afterthought, or have gone unaddressed entirely.
