Back in early 2016, during my time as the U.S. attorney general, the White House held a summit focusing on women in the criminal justice system. This issue was significant to me then, and it continues to be important today.

Women find themselves navigating systems and facilities built primarily for men, facing specific challenges throughout their interaction with the criminal justice system. Many women involved with justice have histories of poverty and trauma. They are more susceptible than men to experiences of physical and sexual violence, and they often deal with significant substance abuse and mental health concerns, as well as facing homelessness in the year leading up to their incarceration.

Their routes into the justice system are distinct from men’s, and they encounter particular parenting, health, and financial hurdles that impact their rehabilitation inside prison and their reintegration into society afterward. Additionally, women have unique health needs that are frequently overlooked in prisons and jails, which can include access to menstrual supplies and care during pregnancy and menopause.

The repercussions are tragic. Women, who are often the primary caregivers for their children before incarceration, face a greater risk of family instability. Children with incarcerated mothers are 12 times more likely to enter foster care than those with incarcerated fathers, who are almost twice as likely to face similar outcomes.

These dire situations have not garnered the attention they deserve, in part because the number of incarcerated men far exceeds that of women. However, in recent years, the rate of women interacting with the criminal justice system has been rising, while the numbers for men have been declining.

Incarcerated Women Numbers on the Rise

The statistics are alarming. From 1982 to 2018, the number of women in U.S. prisons and jails surged by 617%.

In 2020, the overall prison population saw a significant decline due to COVID-19 measures, but numbers began to climb again the following year. In 2022, around 181,000 women were incarcerated across local jails and state and federal institutions in the U.S.

Women also constitute a growing segment of the probation population, representing about a quarter of all probationers, and make up over a quarter of all adult arrests.

Similarly, the rate of incarceration for women in jails has been increasing, while it has decreased for men. Moreover, it is concerning that women are more likely than men to be victims of violent crime.

These trends are alarming, which is why last month I accepted the chair position for a new national Women’s Justice Commission established by the Council on Criminal Justice, an independent think tank.

The committee consists of 15 leaders who, despite their varying backgrounds and opinions, are dedicated to creating policy solutions aimed at reducing the number of women entering the justice system, ensuring that women can maintain family ties during imprisonment, and aiding women in thriving in their communities post-release.

Customize Our Approach for Women in the Justice System

As attorney general, I was pleased to oversee initiatives that focused on these critical issues.

For instance, the innovative Girls Policy focused on the challenges faced by young women, addressing issues from domestic violence to sexual exploitation, while providing resources like technical assistance and funding to states, tribes, and local communities.

Other initiatives that responded to gender-specific needs included the federal Bureau of Prisons’ Mothers and Infants Together Program, which permits eligible pregnant inmates to stay in community facilities during the last two months of pregnancy and care for their newborns during their early weeks.

Since that White House summit eight years ago, I’ve witnessed various advancements throughout the nation. However, criminal justice systems still often overlook the unique situations of women involved with justice.

Current justice policies and practices do not adequately cater to the distinct needs of women:

• Judicial professionals often lack training regarding how intimate partner violence influences women’s criminal behavior.
• While many correctional facilities provide at least one parenting education program, existing policies frequently hinder family visits and physical interactions.
• In terms of reentry, there are limited resources facilitating mothers in regaining custody of their children or providing accommodation for women and their children post-release.

I believe the United States can improve. By customizing our justice strategies for women involved in the system, we can reduce crime, fortify family bonds, and dismantle ongoing cycles of victimization and imprisonment.

Additionally, we can communicate a vital message to every woman across the nation who feels abandoned, marginalized, or overlooked: You are not alone.

Loretta Lynch previously served as the 83rd U.S. Attorney General and is currently the chair of the Council on Criminal Justice Women’s Justice Commission.