NCJ Number
123639
Journal
New England Journal on Criminal and Civil Confinement Volume: 15 Issue: 2 Dated: (Summer 1989) Pages: 225-241
Date Published
1989
Length
17 pages
Annotation
This study of New Hampshire's management of female offenders in its correctional system provides a historical overview of New Hampshire's treatment of female offenders, analyzes the constitutional ramifications of the New Hampshire statutes used to send female inmates out of State, and considers the programs the State must develop for female inmates if a women's prison opens in 1989 as expected.
Abstract
This study shows that New Hampshire has routinely denied female inmates equal protection under law. Even though the order to build a State prison for female inmates was reversed and no new order has yet been entered, the State is building a prison for women. These inmates are at the mercy of the State, lacking any remedial order as to whether their constitutional rights will be protected. The State is not changing its placement policy for female inmates to ensure that their right to equal protection under the law will not be violated in the future. It is vital that the statutes the State uses to send female offenders out of State be repealed or struck down. New Hampshire will eventually be required to provide female inmates with programs comparable to those for male inmates. The State should take advantage of the opportunity it has to develop programs that are above the minimum constitutional requisites. 140 footnotes.