- Women consistently make up a small percentage of the total prison population (6%) but in line with international trends, this population has been growing at a greater rate than for males. Since the 1980s, the number of women in prison has increased substantially: from approximately 110 in 1983 to 490 by January 2010. 58% are Maori, 27% Pakeha, 7% Pacific and 8% of other ethnicity (‘Mothers with Babies in Prison: Some Women Prisoners’ Perspectives’, V.Kingi, J.Paulin, N.Wehipeihana & E.Mossman, Crime and Justice Research Centre, Victoria University of Wellington, August, 2008, p.4; Department of Corrections, Prisoners in Custody, 18 January 2010).
- Three prisons house women in NZ: the 286-bed Auckland Region Women’s Corrections Facility in Wiri, Manakau City, opened in 2006; the 140-bed Christchurch Women’s Prison 20km South of Christchurch, opened in 1974; and the 54-bed Arohata Womens’ Prison opened in 1945 at Tawa, north of Wellington.
- Over time, little has changed in the profile of women entering prison. Most receive sentences of 2 years or less. Most are convicted for property or traffic offences. Most enter prison with a wide range of problems: poor or welfare dependent, high health needs, few educational qualifications, high incidence of mental health problems, histories of drug and alcohol abuse, high-level experience of abuse and victimisation (Kingi 1999; Kingi et al 2008, p.4; Ministry of Justice, Conviction & Sentencing of Offenders in NZ: 1997-2006, p.53).
- In general, the overall re-imprisonment rate of female offenders (33%) is lower than that of male offenders (50%). However, recidivist female offenders are 2.4 times more likely to return to prison than ‘first-timer’ women in prison. These findings indicate that the more often in the past a woman as been in prison, the more likely she is to return to prison following any given release. Overseas research has also shown a significantly lower rate of recidivism amongst women who have been able to keep their babies with them and who have attended parenting programmes (Carlson, 1998, cited in Women Inmates and Their Dependent Children Initiatives, Policy Paper, Depart. of Corrections, May 2002, p.4; Reconviction patterns of released prisoners: A 48 months follow-up analysis’, Arul Nadesu, Department of Corrections, March 2008, p.16).
- In 1989, the Ministerial Committee of Inquiry into the Prison System recommended that imprisoned mothers should be allowed to care for their children in prison up to the age of two years. Preference was given to sentencing women with children to alternative community-based sentences. At that time, and despite legal provision, no babies were permitted to either visit daily or remain overnight with their mothers in prison (Prison Review Te Ara Hou: The New Way, Ministerial Committee of Inquiry into the Prisons System, 1989, pp.167-170).
- From the early-mid-1990s, adverse publicity about the treatment of women prisoners with newborn babies resulted in change. Some newborns were now allowed to visit their imprisoned mothers on a daily basis for breastfeeding. Facilities were inadequate. (The Press, ‘Suffer the prisoners’ children’, 28.10.98,p7, and ‘Women Prisoners with babies need unit’, 4.4.2000,p6).
- In mid-2001, with reference to the United Nations Convention on the Rights of the Child (UNCROC), new policy on the treatment of women prisoners with dependent children was developed. (Purpose-built bonding and breastfeeding units allowing for day visits had been built at Mt Eden, Arohata and Christchurch Women’s Prisons). In 2002, Arohata Women’s Prison began to allow babies less than six months of age to live with their eligible mothers in the self care units. Christchurch Women’s Prison soon followed suit. It was officially estimated that, at any one time, less than six women nationally would use these facilities. An internal review of 34 such applications was completed in May 2006. 22 had been approved. Auckland Region Women’s Prison implemented the live-in policy on opening in August 2006. (Women Inmates and Their Dependent Children Initiatives, Policy Paper, Department of Corrections, received by Howard League, May 2002; Review of the Management at the women’s Prison Facilities of Policy and Procedure Systems F.06 Babies in Prison and D.16 Management of Pregnant Prisoners, Ruth Reese, Inspector, Department of Corrections, 14 May 2006).
- Nonetheless, in June 2006, Green Party MP, Sue Bradford, introduced the Corrections (Mothers with Babies) Amendment Bill to parliament. She sought to address ‘elements of grave inhumanity’ in the treatment of mothers of babies in prison. Her Bill had two goals. First, to ensure prison authorities allowed mothers to breastfeed their babies. Second, to extend the period during which mothers could keep their babies with them in prison from six months to two years should this be in the best interests of the child and the mother was prepared to enter into a parenting agreement and parenting education. (See Sue Bradford’s speech introducing the Bill, 28 June 2006).
- An informal survey of all (440) women prisoners by the Department of Corrections in early 2007 (including those on remand) found that 86 (20%) of the women were pregnant or had a child under the age of five years old. The majority of the women with children (92%) had one or two children. Between them, these women had 135 children under the age of five. 51 of these children were under the age of two. Seven women were pregnant (Unpublished paper, Department of Corrections (2007) cited in Kingi et al 2008, p.4).
- The Corrections (Mothers with Babies) Amendment Act was finally passed in 2008. However, the date on which the amendments were to come into force was deferred. The Act would only be applied as and when ’suitable’ facilities were developed. The alteration of existing facilities or construction of new facilities (deemed necessary by the Department of Corrections) have yet to be allocated funding (Sue Bradford, speech on Third Reading, 11 September, 2008; Communication with Acting General Manager, Prison Services, September, 2009).
- Further NZ research conducted in mid-2008 found that almost 60% of the 258 women prisoners surveyed supported Bradford’s proposal to extend the length of time that mothers could care for their babies in prison. 56% were in prison for the first time. 66% of those surveyed had dependent children. Between them, these women had 174 children. 19% [49 women] had a child aged two years or younger. Half of all the women with dependent children said they would take up the option of having their children aged less than 24 months live with them in prison. (‘Mothers with Babies in Prison: Some Women Prisoners’ Perspectives’, V.Kingi, J.Paulin, N.Wehipeihana & E.Mossman, Crime and Justice Research Centre, Victoria University of Wellington, August, 2008, pp. 1, 6, 9 & 11, Commissioned by Corrections).
- More generally, the impact of imprisonment on the children of prisoners is currently being studied as part of a three-year research project (Invisible Children, First Year Research Report, by Liz Gordon, PILLARS Inc, November, 2009; see Howard League Newsletter 58 for summary).



Discussion
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