Law Commons^™

Separate But Unequal - When Overcrowed: Sex Discrimination In Jail Early Release Policies, Lara Hoffman

William & Mary Journal of Race, Gender, and Social Justice

It is currently constitutional to house male and female prisoners in separate jail facilities based solely on gender. But is it also constitutional to provide separate early release policies to male and female prisoners convicted of the same crime, in the same county, and sentenced to the same length of time based solely on gender and separate housing arrangements? For decades, jail officials in many counties have released some prisoners before the end of their judicially mandated sentences to relieve overcrowding and meet budget constraints. A small study of jails around the country conducted as research for this Article reflects …