Confronting the Women’s Incarceration Crisis: Intro

A silent crisis has been growing for decades. Since 1985, the number of women arrested has increased by 25 percent (over 200 percent for drug arrests) and the number of incarcerated women has tripled. Today, approximately 800,000 women are under community supervision; 93,000 are in county jails; and 88,000 are in prison.

While overall incarceration rates—primarily driven by men—have declined since 2008, the number of women in jail and prison has persisted, except for a temporary dip during the COVID-19 pandemic. Despite this increase, the justice system remains largely designed for men, failing to address the unique challenges that drive women into the system and keep them there. Further, since women commit only a small percentage of crimes, their experiences in the justice system are often overlooked, leading to policies that are largely shaped by male offender trends.

Women engage in different types of criminal activity than men. While men commit most offense types at higher rates, women are more involved in human trafficking and embezzlement, often considered “survival crimes.” Overall, women are more likely to commit property and drug offenses, yet their individual crimes typically have a lower financial impact than men’s do. Female violent crime, though rare, is on the rise.

Research on women’s criminality is limited and often dated, but evidence suggests their motivations and context often differ from men’s. Women’s criminal behavior is frequently influenced by relational and emotional factors rather than a disregard of the law. While men are more likely to commit random acts of violence, women’s victims are typically male partners—and their crimes are often committed in self-defense. Women more often commit violent offenses alongside a co-offender, rarely taking the primary role. Women’s property offenses, such as burglary, are often more impulsive and typically occur in the daytime.

Most women in local jails have not been convicted of a crime but remain detained because they cannot afford bail. Upon conviction, women are less likely than men to receive prison sentences but are just as often sentenced to probation or jail. Once incarcerated, women face unique health and hygiene needs including menstrual care, reproductive health, menopause, and gender-specific chronic conditions like endometriosis. Rates of behavioral health concerns and sexually transmitted infections are also higher among incarcerated women than men. And mothers, who make up the majority of incarcerated women, face separation that harms them and their children.

Community supervision and reintegration pose additional challenges for women, who often struggle to find stable housing, employment, and childcare. While recidivism rates remain lower for women than men, many face financial instability, restrictive probation requirements, and a lack of gender-responsive support services. Females who persist in crime often experience more violence, mental health issues, and adversarial intimate relationships.

Without targeted changes that acknowledge these realities, the justice system will continue to detain women without addressing the underlying issues they face before, during, and after incarceration.

Parenthood

More than half of the women in U.S. prisons and over three-quarters of those in jails are mothers—most of whom are single parents and primary caregivers. Additionally, approximately 58,000 pregnant women are incarcerated each year, and many give birth behind bars. These women face significant health risks due to inadequate prenatal care, a higher likelihood of birth complications, and negative health outcomes for both mother and child.

Because women are more likely to have caregiving responsibilities, complying with pretrial and post-conviction supervision conditions—such as frequent check-ins, employment mandates, and substance use testing—is especially difficult. Separation from a child can also have lifelong effects, including increased risk of mental health issues, substance use, and future involvement in the criminal justice system. Mothers and pregnant women encounter additional challenges upon release, including high rates of poverty, unemployment, food insecurity, and homelessness.

Separation results in negative outcomes for their children, too. Children with an incarcerated parent are three times more likely to have behavioral problems. They also face higher rates of adverse childhood experiences, which are linked to long-term physical and mental health challenges. When mothers are incarcerated, their children may enter the foster care system, further disrupting their stability and increasing the likelihood of intergenerational cycles of trauma and crime.

Economic Challenges

Economic instability is both a cause and a consequence of women’s involvement in the justice system. The gender pay gap, along with increased poverty rates and lower accumulated wealth, make it harder for women to afford bail, legal representation, or court fines. Many women remain incarcerated before trial solely because they cannot afford bail, which can lead to job loss, eviction, and even loss of custody of their children.

After resolving their cases, a criminal record further limits job opportunities. Employers are 60 percent less likely to call back applicants with a criminal record, and women with records are 30 percent less likely to receive a callback than men with records. Housing instability is another major hurdle, as women with records face restrictions on public housing, and private landlords often refuse to rent to them. Many leave the system burdened with debt from court fees, restitution payments, and child support arrears that accumulated while they were incarcerated. Compounded by existing gender disparities, these barriers create instability and increase the likelihood of repeated involvement in the justice system.

Trauma and Behavioral Health

Women in the justice system often have a history of trauma. One study revealed that 86 percent of women in jail were sexual assault survivors—a much higher rate than the general population. Research also shows that two-thirds of incarcerated women have experienced intimate partner violence, and many inmates—both male and female—have suffered significant childhood trauma.

Unresolved trauma often manifests in mental health challenges like post-traumatic stress disorder, depression, and anxiety. Women in jail report mental health diagnoses at higher rates than men, and women in prison experience mental health issues at five times the rate of the general population. The compounding effect of inadequate mental health support worsens these conditions behind bars. Incarcerated women attempt suicide at higher rates than men, and suicide deaths among female jail inmates have increased by 65 percent over the past two decades.

Many women turn to substance use as a way to cope with their pain, which can further entrench them in the justice system. Female inmates are more likely than men to have a substance use disorder, and drug-related arrests and overdoses among women have risen sharply. Once incarcerated, inadequate behavioral healthcare exacerbates withdrawal symptoms, mental health struggles, and underlying trauma. Consequently, women in jail die from drug and alcohol intoxication at twice the rate of men.

Addressing the Crisis

Despite well-documented issues that disproportionately affect women, the justice system remains largely ill equipped to address them effectively. Recognizing these unique factors is the first step toward meaningful change. Tailored solutions that acknowledge women’s trauma histories, economic challenges, health needs, and caregiving roles can lead to better outcomes for individuals, families, and communities.

This series will explore practical solutions to promote public safety while preventing justice system involvement for women and improving outcomes for those already involved, including:

• Prevention and early intervention
• Police encounters and prosecution
• Community supervision and incarceration
• Reentry and long-term success