olorado lawmakers are considering a bill that could provide alternatives to jail for pregnant defendants
The bill directs courts to take a defendant’s pregnancy into account when deciding punishment and “to consider whether the defendant poses a substantial risk to the public and whether that substantial risk outweighs the risks of incarceration.”
“We recognize that jails and prisons are unsafe places for pregnant people,” said Smith. “They're not equipped to address care that is needed.”“We've had so many conversations over the past several years with people who've had a specific experience, experiences of giving birth alone in their cells, experience of not getting the care they need when it comes to substance use disorders and having a miscarriage as a result,” said Smith.
“The jail left me in withdrawal the entire day because the nurses were behind on bringing meds and I didn't get my dose until bedtime,” the woman said. “The next morning at breakfast I was in intense pain and spotting…In my experience jail is not the place to be at while you're pregnant because they are negligent in care towards helping incarcerated individuals, even in life-threatening situations.
That concern is why sponsors of the bill supported an amendment warning that people who coerce or extort a pregnant or postpartum person should be investigated and prosecuted.
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