Inspired by (but not directly connected with) the L&O:CI episode “Silver Lining”.
Say a woman is pregnant, but planning to have an abortion. She’s got the appointment for a week from now, even, as evidence she’s serious.
The police come knocking, suspecting her of a murder. She’s arrested and arraigned. Due to concerns about flight, she’s given no bail. Now, knowing how slowly the wheels of justice usually grind, by the time she’d be released if found innocent, she’ll surely be past the legal time limit to obtain an abortion. Is she effectively prevented from exercising that right by the penal system, or would the prison medical ward perform the procedure?
I know that this could vary by jurisdiction. Vague generalities and specifics to various places are both welcome.
I can pretty much guarantee there will be no abortion performed by prison health staff. It’s far too grey of an area, and most prisons are no longer set up for this sort of surgical procedures (Cite: Me and my reading of the National Counsel on Correctional Health Care reports, along with discussions with my colleagues in corrections).
There was recently such a case as you posit arose: After some legal wrangling, the state of Missouri was obliged to transport the woman (at state expense) to the abortion clinic. link: http://www.washingtonpost.com/wp-dyn/content/article/2005/10/17/AR2005101700515.html
In 1986, the feds cut all funds for abortion in prisons.
This was an issue in an Ohio felony case a few years back. A young female defendant pled guilty to fraud charges before a noted conservative judge. The defendant was pregnant and wanted an abortion. The judge flatly told the defendant that she was going to prison ASAP and wouldn’t be able to get an abortion. The judge was clearly making that decision because of her own anti-abortion views; any other first-time defendant facing those charges would’ve been given a fine and probation.
The judge was eventually defeated at the polls (she had some other problems, too). Another judge issued an order releasing the defendant, who ultimately decided to keep the baby even though she could have had an abortion, given the timing of the situation.
Haven’t heard whatever became of her.