Women in County Jails in Massachusetts

More women in Massachusetts are incarcerated in county jails than in state prison, yet relatively little attention has been given to this group of women – or to the jails in which they are incarcerated. Women typically spend relatively short amounts of time in jail (days, weeks, or months, with a smaller number spending up to a few years), and nearly all women incarcerated in jails come home to their communities. Yet even a short stint in jail can have long term adverse consequences for women and their families (Breuer et al, 2021).

"Women and Massachusetts County Jails: An Introduction" Report Summary

Among the key points addressed in the report:

  • Most women in the jails are classified as pre-trial, most often spending a few days, weeks or months in the jail (occasionally longer.) Sentenced women spend, on average, several months in jail.
    • If a woman’s conviction merits a few months of jail, it likely isn’t serious enough in terms of community safety to warrant incarceration, which is disruptive and expensive to all concerned.
    • Data are not yet available regarding the make-up of the “pre-trial” population. However, we consistently were told by Sherriff’s Department staff that a major portion of the “pre-trial” population comprises women held due to probation violations, not to new charges.
  • Sheriffs have a great deal of authority to release many of the people under their supervision on day reporting and GPS monitoring. However, they make little use of these options.
  • Women in county jails trend younger than women in prison. Most women in county jail are in their childbearing and childrearing years.
    • Even short periods of incarceration have adverse consequences for women and their families. These include disruptions in medication and relationships with healthcare providers and shifting children into the care of others, including the foster care system, as well as loss of housing and employment.
  • Massachusetts does not collect data on issues of key concern to women. For example, despite the CJRA requirement we are still waiting for data on the number of women who are pregnant.
  • Nearly all women in county jails suffer from chronic mental and physical health challenges. Jails are not well-equipped to manage these problems.
    • Jails are increasingly serving as back-up solutions for unhoused and ill people.
    • There is abundant research showing that incarceration does not have rehabilitative value for women.
  • At the current time three county jails have pre-release “centers” that prepare women for re-entry.
    • These centers provide intensive re-entry preparation, including opportunities for some women to obtain jobs through work-release programs.
    • None of these centers are fully occupied.
    • Women should be offered the option of serving their time in one of these three pre-release jails instead of a regular jail.
    • Although judges can’t order a person to a certain program in the jails (the jails are under the sheriff’s authority), judges could recommend it.

    Take a close look, too, at county sheriffs — and their budgets

    I welcome the Globe’s attention to the intransigence of the state Department of Correction. Let’s include the county sheriffs while we’re at it.

    Sheriffs incarcerate thousands of people who have been sentenced for up to two and a half years or who are awaiting trial. Many of these people are simply too poor to post bail. Sheriffs operate with even less oversight than the DOC, have a history of ignoring mandatory reporting requirements, and some accept ethically dubious campaign donations.

    Their term of office is six years and they often run unopposed, limiting public scrutiny and accountability. Sheriffs’ budgets keep getting bigger even as the number of people in their custody continues to drop.

    Massachusetts is unusual because sheriffs operate at the county level but have no county government to answer to. One way to address the lingering problems with jails is for police and district attorneys to maintain the recent practice of declining to arrest and prosecute people for low-level crimes and technical violations of probation, thereby limiting the number of people exposed to the inherent harms of incarceration.

    Rachel Roth

    Arlington

    "Doors Shut Tight: The mystery behind the walls of Massachusetts' County Jails"

    Maya Laur, a Brown University student, helped spearhead the research on women in Massachusetts jails. 

    Click here to read her reflections on this work.

    Women in Jails Presentation by Carole Cafferty

    Carole Cafferty has worked as an advocate for system impacted women in county facilities since 1992.

    Click here to view her presentation.

    Number of Women in Massachusetts County Jails and State Prison, May 2023

    Where Women in Massachusetts are Incarcerated in 2023

    “Pretrial” designation: A misnomer

    The term “pretrial” often is mistakenly presumed only to include individuals waiting to go to trial. In fact, “pretrial” is a catch-all category that includes:

    People waiting to go before a judge for the first time since being arrested (“pre-arraignment”). People waiting for their case to be resolved by a plea bargain, sentencing hearing, or – more rarely – a trial. In Massachusetts, as in the rest of the country, nearly all convictions and sentencing are the result of plea bargains; fewer than 2-5% of cases actually go to trial (USCourts.gov, 2022; Table D-4.; Subramanian et al, 2020). Some people are in jail because they cannot afford bail or because it takes time for them to raise the money needed for bail.

    The majority of women incarcerated in county jails are designated as “pretrial”.

    “Go Straight to Jail: The New Geography of Mass Incarceration”

    Norton, Pelot-Hobbs, and Schept show how around the country “county and city officials position jails as sites of care. In doing so, they reinscribe notions of certain racialized, classed, and gendered people as in need of “fixing” while obfuscating the fundamental dehumanization and violence of the cage.”

    Click here to read the article.

    THE LITTLE-KNOWN REASON COUNTIES KEEP BUILDING BIGGER JAILS: ARCHITECTURE FIRMS

    Our research into women in county jails in Massachusetts is ongoing. Please check back for additional information. And we would love to hear your suggestions of issues for further inquiry.