Executive Summary
Stronger Families, Safer Communities
October 2025
Justice-involved women face distinct challenges—shaped by trauma, economic hardship, caregiving responsibilities, and unmet behavioral health needs—that a system designed for men often overlooks. Although women generally pose lower risks of violence and reoffending than men, tailored early interventions remain scarce and inconsistent, and there is a lack of rigorous evaluation to guide the development and proliferation of promising practices. When policies fail to reflect these differences, they can undermine public safety and destabilize families.
This report examines the factors driving women’s involvement in the justice system and presents four recommendations to improve early-stage responses—from arrest through sentencing—in an effort to support safety, stability, and family well-being. A second set of recommendations, to be released in 2026, will focus on the “back end” of the system, including conditions of confinement, programming for incarcerated women, healthcare, and reintegration with families and communities.
Findings and Recommendations
1
Prioritize alternatives to arrest
Finding: Many women come into contact with the justice system through crises linked to behavioral health needs, trauma, or domestic violence. Arrests in these situations can disrupt families and undermine public safety, but law enforcement often lacks the training, tools, or resources to address underlying issues or connect women in crisis to appropriate care. Alternatives to arrest, including diversion models and citations, are increasingly used and show promise.
Recommendation: Law enforcement should prioritize alternatives to arrest, and connections to services, for women who do not pose a serious threat to public safety.
2
Base pretrial detention on risk
Finding: Most women in jail are awaiting trial, with many held because they cannot afford bail. Research shows that pretrial detention—whether ordered directly or triggered by unmet financial conditions—can destabilize women’s employment, housing, and caregiving arrangements and does not consistently improve public safety. An individualized pretrial release plan, based on a validated risk assessment and paired with appropriate supervision conditions, technologies, and services, can be more effective at managing risk and reducing recidivism.
Recommendation: Courts should base pretrial detention decisions on public safety and flight risk.
3
Expand charging and sentencing considerations
Finding: Alternatives to incarceration are available in most jurisdictions, though few are tailored to the risks and needs of women. The extent to which mitigating factors, such as histories of trauma and abuse, caregiving responsibilities, behavioral health needs, and risk profiles, are considered in sentencing decisions varies greatly. Well-designed diversion and community-based programs can address the drivers of women’s justice system involvement, reduce recidivism, and strengthen family and community stability.
Recommendation: Courts should expand responses to and consideration of women’s distinct circumstances at charging and sentencing.
4
Prohibit police sexual contact with civilians
Finding: Justice-involved women are far more likely than men to have experienced sexual violence and domestic abuse, and the power imbalances inherent in custodial settings increase the risk of further abuse and exploitation. Federal protections under the Prison Rape Elimination Act (PREA) do not extend to other periods when individuals are under police control or custody, leaving a gap in safeguards.
Recommendation: States and law enforcement agencies should prohibit all sexual contact between police officers and the people in their control or custody.
