State and federal prison systems are working to strengthen incarcerated parental rights with better diversion programs, broader caregiver mitigation laws, and less restrictive proximity laws.
Twelve state legislatures and a proposed federal bill, the FAMILIES Act, are moving to alleviate the strain brought on families with incarcerated loved ones. Advocates say that incarceration should not be the sole reason for terminating parental rights, according to the Prison Policy Initiative.
“It is expensive for my family to come visit. Had I been closer, visits may have been more frequent,” SQ resident Michael Moore told the San Quentin News.
Proximity laws denoting a maximum distance allowed between a parent and child have been rolled out on a state-by-state and federal basis since 2007, but nationally diversion programs lack adequate funding.
Family separation through incarceration has affected over five million children. A parent’s incarceration can adversely impact a child in many ways including education, employment, and health outcomes. Further, having an incarcerated parent increases the child’s own susceptibility to incarceration.
For an incarcerated parent, proximity to their child can improve a parent’s mental health and lower the risk of recidivism, stated the PPI.
“It is hard to humanize someone you don’t even know,” Moore said. “No visits severed me from family. Things happen, you become distant, and even a sense of fear grows with loved ones. There is a stigma surrounding incarcerated people [that] all are tough or violent.”
Moore found journaling the best way for his family to get to know him. After years of correspondence that helped to restore his relationships, Moore now speaks with his niece regularly.
For many states, the geographic location of a prison is a significant challenge. Often, prisons are located in remote, rural areas, making it difficult for families to visit. As of 2020, incarcerated parents in the federal prison system, Florida, Hawaii, New York, and New Jersey have better access to their kids because of proximity laws.
California recently joined the preceding states when Gov. Gavin Newsom signed AB 1226, the “Keep Families Close” bill. The bill will go into effect in January 2024. Outside of sex- or violence-related crimes; an incarcerated parent can request a transfer to a prison closer to their children.
Many residents of SQ feel the stress of being away from family and friends. Some believe they have a right to move closer to family.
Resident Anthony Graham shared with SQNews how the distance between him and his family is difficult. Graham feels the programs and opportunities at San Quentin give him the best chance in going home.
“I would not want to leave San Quentin unless there is a prison equivalent to the rehabilitative model here,” Graham stated.
Illinois and Massachusetts have further set the bar for effective mitigation laws. Both states require judges to provide alternative sentencing for caregivers. If a judge does not grant a request for alternative sentencing, the law requires a justification of their decision.
Caregiver diversion laws in California, Louisiana, Oregon, Tennessee, Washington, and Missouri offer parents charged with certain crimes higher priority for alternative-to-incarceration programs. Electronic monitoring, community-based substitutes to incarceration, and drug treatment programs appeal to legislators because they allow a caregiver to be present with their child.
The federal FAMILIES Act has not gained traction nationally but would help provide states with funds to create new diversion programs. It would also allow caregivers in the federal system a chance to participate in alternative-to-incarceration programs. Further, violent offenders are often broadly excluded from these programs. The PPI recommended that future laws focus on making reforms applicable to as many people as possible, so that families can maximize their time together.
