I’m pregnant and facing jail time. What do I do?

click for a free consultation

There are many questions that arise when a loved one is facing the possibility of jail time, especially if the loved one is a female. Indiana currently has 19 jails ranging from minimum to maximum security. Out of these 19 jails, only two are capable of housing female inmates.

The two jails capable of housing female inmates are Rockville and Indiana Women’s Prison.  Rockville is a maximum security prison which means that it has the tightest security measures. You can learn more about Rockville Correctional Facility at https://www.in.gov/idoc/2402.htm. Indiana Women’s Prison is also a maximum security prison. Currently, Indiana Women’s Prison is the only prison with the ability to care for pregnant inmates. More information about Indiana Women’s Prison is found on their website https://www.in.gov/idoc/2412.htm.

Leading up to the birth, jails are required to provide prenatal care under Ind. Code § 11-10-3-3. This means that things like prenatal vitamins will available to the inmate. In addition, the jail must provide postnatal care as well.

Where will I give birth?

Determining where the child will be born is a bit of a gray area. Under the Indiana law, the child can be born either in the prison or at a hospital. If the mother is able to give birth at a hospital, the hospital will be chosen based on the needs of the inmate. Unfortunately, no visitors can be present at the birth for safety reasons.

Where will the child go after it is born?

Once the child is born, the child will be placed with whomever has power of attorney of the child. The inmate chooses who has power of attorney of the child. From there, the mother will return back to jail.