Inadequate Access: Reforming Reproductive Health Care Policies for Women Incarcerated in New York State Correctional Facilities

Abstract

In February 2015, the Correctional Association of New York released a report studying the quality of and access to reproductive health care for incarcerated women and found that: “[o]verall . . . reproductive health care for women in New York State prisons is woefully substandard, with women routinely facing poor-quality care and assaults on their basic human dignity and reproductive rights.” The findings of this and other studies provide concrete evidence of the poor quality of reproductive health care available to incarcerated women and should be a wake up call for legislatures that these policies should be changed. Three issues of particular concern are incarcerated women’s access to gynecological examinations, sanitary supplies, and contraception. The purpose of this Note is to examine New York State policies addressing reproductive health care for incarcerated women, identify problems with them, and make recommendations for reform. This Note will examine current policies and practices of New York State correctional facilities that address gynecological examinations, sanitary supplies, and contraception, and assess why these policies are problematic from both legal and medical perspectives. Furthermore, it will recommend bringing New York’s policies in line with legal, medical, and international standards as a strategy for reform, and finally, will advocate for using existing federal and state programs including Title X to provide funding for reproductive care both prior to and after release.