Reproductive Justice & The Criminal Justice System Pregnancy Criminalization in

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1 Reproductive Justice & The Criminal Justice System Pregnancy Criminalization in Tennessee Law Students for Reproduc2ve Jus2ce ~ Na2onal Women's Law Center Webinar October 1, 2014 TN Partners: Healthy & Free TN ~ TN Associa4on of Alcohol, Drugs & Other Addic4on Services ~ ACLU- TN ~ Nashville CARES Na2onal Partners: Na4onal Advocates for Pregnant Women, Young Women United, SisterSong, West Virginia Focus (WV Free), RH Reality Check

2 ABOUT US Founded October 2011 Only Reproduc4ve Jus4ce organiza4on in the state of Tennessee Our Focus: Women and girls of color, poor women, rural women and our families (includes men & boys) Our Work: Reproduc4ve & Sexual Health Educa4on, Policy & Advocacy o Choose2Wait/B.R.A.V.E. o Sex Ed Programs - (Faith Based, School Based, Adult Parent Focused, Teen Parents, Ministry Leaders Training) o Outreach & Mobiliza4on (RJ Interfaith Discussions, Black Women Talks, Voter Educa4on) o RJ Trainings Relevant Partnerships: o Healthy & Free Tennessee o Na4onal Advocates for Pregnant Women o Young Women United o Tennessee Associa4on of Alcohol, Drug & Other Addic4on Services o RH Reality Check o ACLU- TN o SisterSong o State & Na4onal Medical Associa4ons

3 Political Climate of TN 1. TN has a Supermajority (Republican) Governor is Republican White, Southern Evangelical male legislators Dems in Repub Clothing Black Legislators mostly conserva2ve Chris2ans 2014 is an Elec2on Year (Congress, Governor, Local Official incl. District AYorneys, Judges) Shaming/Blaming Context of women or sex targeted legisla2on 2. Other Legisla2on Impac2ng Women s Reproduc2ve Autonomy in TN Amendment One Change TN Cons2tu2on around abor2on provisions Amendment Two Gives TN Legislature (majority Republican) power to confirm or reject state judicial appointees for the TN Supreme Court Drug Usage Surveying/Tes2ng Prior to Receiving Public Aide Benefits Abs2nence- Only Sex Educa2on State- wide No ACA/Medicaid Expansion Largest Prison Corpora2on Na2onwide is Housed in TN (CCA)

4 Pregnancy Criminalization in TN Timeline Pregnancy Criminaliza4on in TN 2011 Women were being charged with for everything from Reckless Endangerment to Aggravated Assault Loss of child custody 2012 Legislature amended the fetus- as- vic4m provisions (same as SB 1391) to clarify the law and prevent criminal penal4es for pregnancy outcomes Safe Harbor Act Passed in 2013 Lessened Threat of Punishment Encouraged Women to Seek Treatment HB 1295/SB 1391 Over 30 Republicans voted AGAINST the measure Bi- par4san support Conserva4ve Right Evangelical Support Women can serve up to 15 years in prison Legisla4on too vague Narco4cs Defini4on too vague Gov. Haslam Signs Bill into Law Law Effec4ve July 1, 2014 First woman arrested in Rural County/$2000 Bond First Shelby County (Memphis) woman arrested aher fleeing the hospital post delivery for 21 days. Three mothers have been arrested and processed into court mandated program thus far

5 Reproductive Justice Strategy Na4onal Allies require RJ Leadership to fight SB (SisterReach/Young Women United) Reproduc4ve Jus4ce was iden4fied as the winning strategy Produce Messaging that would be inclusive of women who would be most impacted and resonate with mul4ple audiences o Right to parent o Mothers forced to have abor4ons to avoid jail 4me o Doctors posi4oned to police women s bodies causing mistrust with pa4ents RJ/WOC Messenger Build Cross- Sec4on of Support (HIV, Faith, Academia, Abor4on, Media Allies, An4- Abor4on Community) Sign- On Leler & Online Pe44on Saturate Media Outlets (Op- Eds, Radio Interviews, Newspaper Interviews, Press Conference/Releases, Debates, Social Media Campaigns, Twiler & FB)

6 RJ Messaging Strategy Criminalizing pregnant mothers is a threat to the health and well- being of Tennessee babies, women, and families Low income women, especially those from communi4es of color, have the fewest resources to navigate the courts and keep their families together Families with the least amount of support are going to be torn apart, not strengthened Desperate women may have unwanted abor4ons for wanted pregnancies to avoid arrest or losing custody of older children Addic2on is an illness. Pregnant women struggling with addic2on need access to prenatal care, not jail 2me Addic4on is worsened by poverty and lack of opportunity to resources for daily living. Rich people can access medical care. Poor people go to jail. Jails and prisons are not health care facili4es. Criminalizing pregnant mothers is a cost burden to tax payers Pumng children in foster care and estranging them from their parents is not only expensive, it can create worse mental health outcomes and further unravel marginalized communi4es

7 Medical Messaging Strategy Open LeYer from NAPW to the Media and Policy Makers Regarding Alarmist and Inaccurate Repor2ng on Prescrip2on Opiate Use by Pregnant Women No Newborn is born addicted Long- term implica2ons for offspring misrepresented Neonatal abs2nence syndrome, when it occurs, is treatable and has not been associated with long- term adverse consequences Media misinforma2on and s2gma2zing characteriza2ons discourage federally recommended treatment NAPW sends open leyer to the Tennessee Medical Associa2on Radical departure from mainstream health care and human rights Calls out their collabora4on in the development of legisla4on suppor4ng bodily injury of fetuses Calls out failure to address the physicians role in the increase of opiate usage, disregard to handle pa4ents and families with dignity Revealed and called out TMAs lack of basic medical knowledge about Neonatal Abs4nence Syndrome and its treatment

8 Law Passed Next Steps Mee2ng of Local/State/Na2onal Working Group Seek out women who are comfortable to reveal stories Con2nue Communica2on Strategy (Social Media/Interviews/Op- eds, etc) Create toolkit for Public Defenders Document puni2ve condi2ons under which mothers are criminalized and transi2oned into treatment Document mothers experiences under the new law Repeal the law/file lawsuit against State of TN (NAPW & ACLU- TN) Meet with DA to advocate on behalf of mothers; nego2ate a more seamless transi2on for court process Seek out funding to undergird TN capacity

9 Support for TN NATIONAL ALLIES Nashville CARES Na2onal Advocates for Pregnant Women RH Reality Check SisterSong West Virginia Focus: Reproduc2ve Educa2on & Equality Young Women United Abor2on Care Network Center for Reproduc2ve Rights Chicago Abor2on Fund Faith & RJ Ins2tute 2014 Fellows Center for American Progress Illinois Caucus for Adolescent Health Na2onal Black Network for Reproduc2ve Jus2ce Na2onal Women s Law Center New Voices PiYsburgh: WOC for RJ RCRC NATIONAL MEDICAL COMMUNITY ALLIES American Medical Associa2on American Academy of Pediatrics American College of Obstetricians and Gynecologists American Public Health Associa2on American Nurses Associa2on American Society of Addic2on Medicine March of Dimes American Psychiatric Associa2on American Psychological Associa2on Na2onal Perinatal Associa2on Na2onal Associa2on for Perinatal Addic2on Research & Educa2on Na2onal Council on Alcoholism ad Drug Dependence Associa2on of Maternal and Child Health Programs Coali2on of Alcohol and Drug Dependent Women and Their Children Na2onal Organiza2on on Fetal Alcohol Syndrome Center for the Future of Children Southern Legisla2ve Summit on Healthy Infants and Families Associa2on of Family and Concilia2on Courts Na2onal Associa2on of Public Child Welfare Administrators

10 Cherisse A. Scott FB/twitter: SisterReach #ReproJustice