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Jail births prompt call for new facility for pregnant inmates and their infants in South Australia prison system

SIX pregnant prisoners have given birth in South Australia over the past two years, prompting calls for a specialist facility for mothers and infants.

BABY MAMA JAIL BIRD
BABY MAMA JAIL BIRD

TEN pregnant women have served prison time — with six giving birth while behind bars — in South Australia over the past two years, a court has heard.

The District Court has also heard that, despite more than 80 per cent of the state's 220 female prisoners having children, SA’s prison system lacks specialist “mothers and babies” facilities.

On Wednesday, Judge Paul Cuthbertson heard SA was the only state without such facilities, having cancelled its program more than a decade ago.

Lawyers for mother and twice-convicted drug trafficker Soraya Louise Constant, who is seeking a suspended sentence, said that was due to a lack of money and interest in female prisoners.

But Adelaide Women’s Prison general manager Darian Shephard-Bayly told the court that, while having mothers and children together aided rehabilitation, it was not the only concern.

“It would be best to keep people out of jail in the first place, and sentenced to home detention, but professional assessments need to be made,” he said.

“Some people, when they come into custody, are at rock bottom and affected by a range of issues that impact not only on their offending but on their parenting.

“I don’t think it would be sensible, appropriate or advantageous for all people to have access to their children in custody.”

Constant, 30, has pleaded guilty to six counts of attempting to import a marketable quantity of pseudoephedrine, a chemical used in the production of amphetamines.

The offences occurred at St Peters and Woodville North between March 2013 and January 2014.

Constant’s offending breached a suspended sentence she was already serving for trafficking in a commercial quantity of a controlled drug, in September 2008, at Taperoo.

In January, she asked the court for mercy, saying her child would likely repeat her criminal mistakes if they were separated by an immediate prison term.

The court was told SA law does not allow for mothers to keep dependant infants in prison with them, as happens in other states.

On Wednesday, Mr Shephard-Bayley was cross-examined by Constant’s barrister, Heather Stokes.

He said SA led the nation in pre-release and home detention programs for female prisoners.

He said family visits of up to three hours’ length were permitted on Saturdays and Sundays, with up to 12 other appointments available for booking during the week.

“You are correct in saying that, in terms of a purpose-built facility, there is nothing dedicated in this state,” he said.

“At any one time we are approaching 200 women in custody in SA, with another 20 on home detention.

“Prisoners who are mothers, we’re talking 80 per cent, but in terms of those who’d use such facilities you’re talking probably about 5 per cent at any one time.”

Mr Shephard-Bayley agreed women who gave birth while in custody were returned to prison after 48 hours, and their babies placed into care with relatives or by Families SA.

He also agreed that, in the past two years, there had been 10 prison pregnancies resulting in six women giving birth while serving custodial sentences.

However, he said a purpose-built facility would need specially-trained staff and “multi-discipline” support from other agencies.

“I don’t have details of why we ceased our program in 2005, but my understanding is that it was a multi-agency program,” he said.

“I’m not sure that funding was the reason (it closed) ... I think there were concerns around the quality of service that was provided.”

Ms Stokes suggested the Department had made public statements about policy change two years ago but had not followed through on them.

Mr Shephard-Bayly disagreed, pointing to home detention and pre-release programs that were in line with the approaches being taken in the UK and Europe.

Judge Cuthbertson remanded Constant on continuing bail for sentencing next month.

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Original URL: https://www.adelaidenow.com.au/news/south-australia/jail-births-prompt-call-for-new-facility-for-pregnant-inmates-and-their-infants-in-south-australia-prison-system/news-story/d88d12bd58c2d059fa176278fc901370