As the argument continues across the country on whether abortion should be legal or not, the reality is that, as it stands now, most women who want or need an abortion will be less than a one-day drive away from a state with at least limited abortion rights. The map below shows the states that have an abortion ban in effect (14), a ban pending (3), or a ban on hold (4).
Figure 1. States That Have Banned Abortions as of August 8, 2022
Source: Guttmacher Institute
In these states, women will now, or in the future, must travel out of state to receive an abortion. However, a select group of women, including those on parole or probation, will be legally prohibited from leaving their home state and thus will be unable to seek an abortion out of state. For these women, abortion rights have now become another penalty they face because of a past conviction.
Parole Vs. Probation
Some people may think parole and probation are the same things. While they share some similarities, they serve different purposes and impose slightly different requirements. Individuals receive probation instead of jail or prison terms, while persons are granted parole after serving a portion of their prison sentence if a parole board approves it.
Figure 2: Probation Vs. Parole
Source: U.S. Department of Justice
Looking at the Numbers
Criminal justice data available to the public tend to be very basic, aggregated, and untimely. This makes it difficult to analyze who is affected and in what ways. The charts below use 2016 data to show the population of women on parole and probation by state. Even though the data do not allow us to disaggregate the women by race, we can still get an understanding of the magnitude of the effect on all women.
Figure 3 shows the number of women on parole in states with a current ban on abortion. The median number of women on parole in these states is 1,448. Texas has the highest population and Oklahoma the lowest.
Figure 3: Women on Parole in States Banning Abortion
Source: Bureau of Justice Statistics, Annual Parole Survey 2016
Figure 4 shows the number of women on probation in states with a current ban on abortion. The median number of women on probation is 9,516. Texas and Oklahoma also have the most and least number of women on probation, respectively. Georgia, Indiana, and South Dakota’s probation statistics were unreported in the data set.
Figure 4: Women on Probation in States Banning Abortion
Source: Bureau of Justice Statistics, Annual Probation Survey 2016
Last, by including the women on parole and probation from the states with either an abortion ban pending or on hold, the total number of women affected increases by 13% to over 300,000.
Figure 5: Total Women on Parole and Probation in States Banning Abortion
Source: Bureau of Justice Statistics, Annual Parole and Probation Survey 2016
It’s no surprise that some women are affected more than others by the overturning of Roe V. Wade. However, let us not forget the women who likely will be unable to seek abortion treatment no matter the circumstances or the future children who will join the millions of other unwanted children in this world.
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