The Real Cost of Prisons Weblog

Citing "safety, security and privacy concerns," a Department of Corrections official and one of Roe's lawyers said they would not release the planned date, time or location of the abortion.
Jim Felakos, one of Roe's lawyers, declined to make her available for an interview, but the ACLU released a prepared statement from her.

"This process has been very stressful," she said. "Tell everyone that's supporting me that I appreciate from the bottom of my heart all their support. I ask that everyone work to change these laws so that other people don't have to go through what I have. I hope my case will protect other people here . . ."
Felakos said Roe, who is in the women's prison in Vandalia, decided to have an abortion "after considerable thought."

A doctor will have to decide whether the procedure would take one or two days, Felakos said. If it takes more than one day, Felakos said, officials will make arrangements for her to get overnight care.
Roe was originally convicted of possession of methamphetamine, Department of Corrections spokesman John Fougere said. She successfully completed 120 days of "shock" time and was placed on probation but violated it by going to California without permission, he said. She could serve as long as four years for the violation, he said.

Earlier this year, Missouri officials amended prison rules to prohibit trips for abortions, funerals and visits to ill relatives - citing costs and security concerns. The state had not paid for prisoner abortions but previously provided transportation for them.

In court filings last week, Roe's lawyers said she was 16 to 17 weeks pregnant and at that point had been trying for six weeks to get permission to be taken to St. Louis for an abortion.

Judge Whipple twice ordered officials to take her to a St. Louis clinic. Representing the prison, the Missouri attorney general's office first appealed to the 8th U.S. Court of Appeals and lost. Then came the unsuccessful appeal to the U.S. Supreme Court.

In a statement, Gov. Matt Blunt said he was "extremely disappointed" in the Supreme Court's refusal of the case. "The decision is highly offensive to traditional Missouri values and is contrary to state law," Blunt said.
But state officials said they would not defy the court.
"We are going to follow the law and comply with the court order," Fougere said Monday.
Both sides will now argue in federal court whether the new department policy banning elective abortions should be overturned.
Felakos said Missouri's policy was unique in the nation - the only state prison system with a blanket ban on abortions. He said the policy was in conflict with past appellate court decisions and "contrary to Missouri's long-standing policy on inmate access to health care."
Lawyers representing the Department of Corrections were aware of past court cases, Fougere said, but also were concerned that they were in violation of a state law that bans the use of public money to perform or assist in abortions.
"We could not be totally 100 percent sure that we were not in violation of the statute," Fougere said.
He said security issues and staffing costs were also major concerns.
Such a dispute has arisen locally before.
In December 2002, a woman in the St. Louis County Jail on a probation violation sought an abortion.
Then-County Executive George R. "Buzz" Westfall's administration objected to transporting her to Reproductive Health Services in the Central West End to get one. Westfall was an abortion opponent, although his staff said at the time that that had nothing with their stance. At issue, they said, was the use of county resources.
"It was settled before litigation ensued," Felakos said.
Private money was used to pay for the procedure.
Paula Gianino, chief executive of Planned Parenthood of the St. Louis Region, said her organization had taken care of a variety of medical concerns for female prisoners, including abortions, family-planning services or gynecological care. Gianino said Planned Parenthood also had treated male prisoners suffering from sexually transmitted diseases.
In all such cases, she said, "The state is duty-bound to transport prisoners if they need medical care beyond what the state medical facilities can provide."
Roe is too poor to pay for an abortion, according to court filings, and will borrow money from friends or family.