From Council on Justice:
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
Recommendation: Law enforcement should prioritize alternatives to arrest, and connections to services, for women who do not pose a serious threat to public safety.
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