Center on May 1994 Juvenile and Criminal Justice 1622 Folsom Street, 2nd Floor San Francisco, California 94103 Report WOMEN IN CALIFORNIA PRISONS: HIDDEN VICTIMS OF THE WAR ON DRUGS Barbara Bloom, University of California, Riverside Meda Chesney Lind, University of Hawaii at Manoa Barbara Owen, California State University, Fresno As the number of California prisoners Getting Tough on Women surged past the 100,000 mark in April of 1991, women became the hidden victims of Without any fanfare, the "war on drugs" the state's zeal for incarceration. California has become a war on women, and it has niJw has the dubious distinction of having clearly contributed to the explosion in the most women prisoners in the nation as women's prison populations. One out of well as the world's largest women's prison. three women in U.S. prisons in 1991 were doing time for drug offenses (up from one in California Between 1980 and 1993, the number of 10 in 1979).4 While the intent of get tough· now has the women incarcerated in California increased policies was to lid society of drug dealers dubious 450 percent, from 1,316 to 7,232 as of June and so called king-pins, over a third (35.9%) 30, 1993.1 Women now account for 6.3 of the women serving time for drug offenses distinction of percent of the total California prison in the nation's prisons are serving time solely having the population, compared to a national average for "possession." most women of 5.7 percent.2 prisoners in The percentage of women incarcerated for the nation as The increases seen in the number of drug offenses in California more than well as the women in California prisons are lodged doubled between 1984 and 1993 and now within larger shifts in the climinal justice over one-third of all the women in California world's response to women offenders. Since 1980, prisons are serving sentences for drug largest the number of women imprisoned in the offenses. Women selving time for women's United States has tripled and now, on any "possession" and "possession for sale" przson. given day, over 90,000 women are constitute the majority of women doing time incarcerated in U.S. jails and prisons. for all drug offenses. Percentage increases in the number of women incarcerated have surpassed male Additionally, many women parolees are rates of increase for every year except one returned to prison for technical parole since 1980. At year end 1992, there were violations, because they fail to pass random 50,493 women incarcerated in federal and drug tests; of the six thousand women sent to state prisons. The rate of women's prison in California in 1993, approximately imprisonment grew from six per 100,000 in one-third (32%) were imprisoned due to 1925 to 37 per 100,000 in 1992.3 The rate parole violations. of imprisonment for California women is approximately 45 per 100,000. Over a third (34.1 %) of women in 2 Report from the Center on Juvenile & Criminal Justice ,., ..•. California state prisons were incarcerated being swept up in greater numbers. The for property offenses of which "petty theft escalation in women's imprisonment is with a prior" is the most common offense. largely and indirectly a consequence of a This generally includes shoplifting and society that is hooked on punishment. other minor theft. One woman in ten in California prisons is doing time for petty Female prisoners in California are a theft. One woman in four is incarcerated predominantly non-violent population, with for either simple drug possession or petty over two-thirds of imprisoned women theft with a prior. serving sentences for drug and property crimes. Many criminal justice expelts argue The increasing incarceration rate for that most of this population does not pose a women in the State of California, then, is a serious threat to public safety and could be direct result of short-sighted legislative supervised in less costly and more effective responses to the problems of drugs and community settings. The crime-responses shaped by the assumption that the criminals they were sending to increasing prison were brutal males. Instead of a Characteristics of Women in California incarceration policy of last resort, imprisonment has Prisons rate for become the first order response for a wide women in the range of non-violent and petty offenses and Who are the women doing time in State of women offenders have been California prisons? A 1993 study? based on California, disproportionately swept up in this trend. a representative sample (N=297) of female This politically motivated legislative prisoners housed in California's three then, is a response often ignores the fiscal or social women's prisons and the California direct result costs of imprisonment. Thus, the Rehabiltation Center (which is co­ of legislature has missed opportunities to correctional), reveals that these women tend short-sighted prevent women's crime by cutting vitally to be drawn from those groups of women legislative needed social service and educational who are among the most vulnerable: women responses to programs to fund ever increasing of color, the economically marginalized, and the problems con'ectional budgets. the victims of physical and sexual abuse. of~rugsand The characteristics of women behind Over half (54.6%) of the women in crzme­ bars in California suggests that their crimes California's prisons are serving their first responses have not gotten more serious, but that prison sentence, and they are generally shaped by the incarceration is being used where non­ locked up for less serious crimes than their assumption incarcerative approaches were once male counterparts. They are dis­ that the utilized. A stndy found that the proportion proportionately African American and of California women who received prison Hispanic; and they have significant histories criminals sentences for the commission of felonies of drug dependency and physical and sexual they were increased from 54 percent to 79 percent abuse. When asked about their reasons for sending to between 1978 and 1987.5 It appears that committing the offense for which they were prison were the California criminal justice system is currently incarcerated, over one-third of the brutal males. ever more willing to incarcerate women. respondents reported a drug related motivation and an additional 15 percent In California, detelminate and reported "economic pressures." mandatory sentencing are supposedly gender blind, but mandatory sentencing, Details from this profile amplify the particularly for drug offenses, has picture that emerges from the state's figures significantly affected women's in important ways. First, the data confirm incarceration. Additionally, California's the relatively minor nature of the offenses detenninate sentencing law has markedly that triggered the women's imprisonment. increased the sentence lengths for women, Second, the data provide information on the especially for violent offenses.6 The "get social factors that, in many instances, tough on crime" movement in the U.S. has propelled them into the petty offenses for cast its net far and wide and women are which they are now incarcerated. Finally, Report from the Center on Juvenile & Criminal Justice 3 , .... the profile totals up the costs to all - the woman likely to be serving sentences for violent offenses as prisoner, her children, and the taxpayers - resulting female prisoners (43.9% vs. 23.9%). Female from the increasing reliance on prison as a response to prisoners are substantially more likely than their male women's offending. counterparts to be serving sentences for drug offenses (37.8% vs. 23.8%).10 (See Graph II) Offense Profile The median time served for females in California prisons was estimated to be 10 months in 1991 as In 1989 women accounted for 87,519 (14.8 compared to 19 months in 1980.** It appears that percent) of the 590,285 felony arrests in the State. In California prisons are functioning similar to jails, that 1991, they accounted for 77 ,692 (14.4 percent) of the is, they are primarily housing non-violent female 541,346 felony arrests. But while the number of prisoners for one year or less. women arrested for felonies in California declined substantially, the rate at which female felons were sent to prison increased dramatically. The rate of new DemogrllPhic Profile of Women in California admissions of women to the state's prison system for Prisons felony offenses increased from 2.91 per 100,000 in 1980 to 11.31 in 1991, an increase of 289 percent. In The typical woman in Califoruia prisons is 32 years contrast, the rate of new admissions for men increased old, and she is a member of a minority group. Over from 44.8 per 100,000 in 1980 to 113.5 in 1991, an half of the women in prison are African American increase of 153 percent.s (35%) and Hispanic (16.6%); over one-third are White (35.9%); and Other (13%).11 Female prisoners As is the case nationally, the profiles of imprisoned appear to be better educated now than in the past, but women in California suggest that they are not being the overall educational level is still low. Nearly 40 incarcerated because of an increase in the seriousness percent of the respondents reported that they did not of their offenses. In fact, the proportion of women complete high schooL Many women cite pregnancy imprisoned in California for violent offenses has as a reason for dropping out of schooL actually decreased during the last decade. In 1982, 32.7 percent of the women admitted to prison were I had to quit school when I got pregnant there was so incarcerated for violent crimes, compared to 16 much gomg on.