A growing number of states are reexamining how the criminal legal system treats pregnant and postpartum women behind bars.

This year, legislators in at least five states, including Kentucky, Ohio, South Carolina, Utah and Virginia, have considered legislation that would reshape how pregnant people are treated in jails and prisons. The measures vary, but some seek to expand eligibility for alternatives to incarceration during pregnancy, restrict or prohibit restraints during labor and delivery, and strengthen data and reporting requirements.

The Utah and Virginia bills were signed into law in March and April, respectively. In Utah, the new law restricts the shackling of pregnant and postpartum women, and requires state prisons and jails to track the number of pregnant people in their custody, as well as incarcerated mothers of children under 18.

In Virginia, one of the new laws requires correctional facilities to adopt lactation policies for pregnant and postpartum incarcerated people by December 2028. A separate new law allows courts to consider home or electronic incarceration programs for pregnant or postpartum women, with certain exceptions.

The Kentucky legislature adjourned for the year without passing a similar measure there, but the bills in Ohio and South Carolina are still under consideration. Ohio’s legislative session runs through the end of the year, while South Carolina’s continues until mid-May.

The latest legislative activity comes amid growing scrutiny of conditions faced by pregnant people in prisons and jails, as well as increased interest in nursery and community-based programs for mothers.

At least nine states have prison nursery programs, and about a handful of others are considering or developing similar programs.

In Wisconsin, the state Department of Corrections said in early April that the agency is still working to develop a program for incarcerated mothers and their newborns, but has faced challenges due to funding and facility capacity limits. 

The Justice-Involved Women and Children Collaborative at the University of Minnesota this spring launched what the group describes as the first comprehensive national database tracking state policies affecting pregnant people in custody.

The interactive tool documents more than 460 active policies across the country, including statutes on the use of restraints, access to abortion and access to menstrual products. 

The database fills a longstanding gap in information about how state systems regulate pregnancy in correctional settings. Policies vary widely not only from state to state, but sometimes among facilities within the same state. Federal data also is limited. The most recent national statistics on pregnant incarcerated people, which were released last year, reflect prison populations from 2023.

Stateline reporter Amanda Watford can be reached at awatford@stateline.org.

Americans’ views on crime often don’t match reality — and a new report suggests those perceptions are shaped as much by personal experiences and economic conditions as by crime itself.

The analysis, released by the nonprofit think tank Council on Criminal Justice, draws on decades of Gallup survey data to examine how people perceive crime and what drives those beliefs. The report’s authors found that, since the 1960s, public perceptions of crime have frequently diverged from actual crime trends.

Even during periods when crime declined, most Americans continued to believe it was rising. From 2005 to 2024, about 69% of survey respondents on average said crime was higher than the year before, despite overall crime rates falling in most of those years, according to the report.

Fear of crime has remained relatively stable over time. In 2024, 35% of Americans said they were afraid to walk alone at night — the same share as in 1968.

The researchers found that public concern tends to track major shifts in homicide rates more closely than broader crime trends. But overall, people’s views about crime and their fear of it have not matched shifts in crime rates for most years, according to the report.

Instead, the analysis points to other factors that shape how Americans think about public safety.

Household victimization — whether someone in the home has been a victim of a crime — was one of the strongest predictors of both fear and the belief that crime is increasing. 

Property crimes, such as theft, and people’s own experiences with crime were more closely tied to concerns about the issue than actual violent crime rates.

Economic sentiment also played a role. People who said it was a good time to find a job or expected to spend the same or more on holiday shopping were less likely to say crime was rising and less likely to report fear of walking alone at night, according to the report.

Political views showed a more limited effect. While people with more conservative ideologies were somewhat more likely to perceive crime as increasing, political party affiliation itself was not a significant factor after accounting for economic conditions and other variables.

Higher presidential and congressional approval ratings were associated with a greater likelihood that respondents said crime was staying the same or declining, according to the report.

Local conditions, meanwhile, were more closely linked to personal fears than to perceptions of crime overall. The researchers found that neighborhood factors, such as poverty and youth population, were associated with whether people said they were afraid, but did not generally influence whether they believed crime was rising locally or nationally.

Stateline reporter Amanda Watford can be reached at awatford@stateline.org.