ACLU Report: U.S. Drug Laws Harm Women

America's war on drugs is inflicting deep and disproportionate harm on women most of them mothers  who are filling prisons in ever-rising numbers despite their typically minor roles in drug rings, the American Civil Liberties Union and two other groups contend in a major new report. The report, "Caught in the Net," is being released Thursday as the focus of a two-day national conference in New York  to consider its package of proposed legislative and policy changes. The report recommends expansion of treatment programs geared toward women, says incarceration should be a last resort, and urges more vigorous efforts to maintain ties between imprisoned mothers and their children. "Drug convictions have caused the number of women behind bars to explode, leaving in the rubble displaced children and overburdened families," the document says. The number of imprisoned women is increasing at a much faster rate than the number of men, mostly because of tougher drug laws. There were 101,000 women in state and federal prisons in 2003, an eight-fold increase since 1980; roughly one-third were drug offenders, compared to about one-fifth of male inmates.

• Many women are ensnared in drug investigations despite peripheral involvement, sometimes solely because they failed to turn in their partners to police. Sentencing laws fail to consider factors such as physical abuse or economic dependence that may draw women into drug abuse or deter them from notifying authorities of a partner's drug activity.
• Black and Hispanic women are imprisoned for drug offenses at higher rates than white women even though their rates of illegal drug use are comparable. Factors include prosecutors' decisions, policing tactics and selective testing of pregnant minority women for drug use.
  
• Most imprisoned women, and relatively few imprisoned men, leave behind children for whom they were the sole primary caretaker. The separation can be shattering for mothers, who may lose parental rights, and for children, thousands of whom are placed in foster care at state expense. The report makes an economic case for change, contending that the combined annual cost of imprisoning a mother and placing a child in foster care is seven times the cost of an intensive one-year drug treatment program. [more]