The Real Cost of Prisons Weblog

The bill would have applied to a pregnant woman's possession of any illegal drug, subjecting them to a penalty that's one class higher than others would face. For example, possession of methamphetamine is a class C felony, punishable by a 3-year to 10-year sentence. Under HB 1265, a pregnant woman would face a class B felony charge, which carries a 6-year to 20-year sentence, Hutchinson said.

Tuesday's vote followed testimony from several opponents, including drug treatment officials who said the better answer to the problem is rehabilitation.

Other opponents said that the bill could make pregnant women caught with drugs choose abortion to avoid the stiffer penalty.

The drug rehabilitation officials said illegal drugs cause temporary health problems for newborns while alcohol causes permanent disabilities. Illicit drugs are even less damaging than tobacco, said Cynthia Crone, who directs a treatment program at the University of Arkansas for Medical Sciences at Little Rock.

Hutchinson's bill does not address alcohol or tobacco use by pregnant women.

"To care for one child affected by fetal alcohol syndrome per lifetime is $3 million," said Crone, of Arkansas Cares at UAMS. "We could do a lot of prevention and a lot of treatment for preventing one fetal alcohol syndrome child."

Crone said more than 75 percent of her program's patients were drug free a year after treatment.

"The best way to help these children is to help their mothers," she said.

Crone said such women are usually struggling anyway, and saddling mothers a felony conviction would make them ineligible for housing, college and other benefits that could help her provide for her children. Putting mothers in prison also would likely mean sending the children to foster homes, which she said is often worse for the child than staying with the mother.

She also said that at least 6,000 pregnant women a year would test positive for illicit drugs in Arkansas, not including tobacco and alcohol.

Duane Griffin, executive director of Omart, a residential drug and alcohol treatment center in Gassville, said he has four beds available for such women and has a waiting list through May.

"I could fill 12 beds if I had them and had the money to operate them," Griffin said.

Like Crone, Griffin said treatment is the best option for pregnant women rather than a felony, which they said would, in effect, place a life sentence on the woman.

Both said they consider addiction a disease and that any pregnant woman who is taking drugs is thinking irrationally and needs help.

Hutchinson countered that a mother who uses illegal drugs is giving the drug directly to her unborn child, which is deserving of a stronger penalty.

Hutchinson compared a pregnant mother's use of methamphetamine to delivery of the drug, which is a class Y felony, the highest class.

"In this case, a mother chooses to inject, to give methamphetamine to her unborn child, directly to that child's bloodstream," Hutchinson said. "I say let's make that a B felony, far from a Y felony. I think it's only fair."

Hutchinson said he would support increased funding for treatment programs but also believes the tougher penalties must be applied. He said he plans to pursue the bill again in the 2007 session.