Non-custodial alternatives for low-income women caregivers convicted of minor offenses to reduce the social impact of incarceration in Colombia (2023-ongoing)

In March 2023, Colombia passed a law allowing women who are heads of household—and who have committed non-violent offenses driven by poverty or economic hardship¹—to serve their sentence outside prison through unpaid social service to the community. As an alternative to incarceration, this law represents a step forward towards a more gender-sensitive criminal policy.

Law 2292 of 2023—the “Public Utility Law”,—provides alternatives to sentencing for women convicted of minor offenses,  such as micro-trafficking, theft, or conspiracy to commit a crime, taking into account their needs and those of their dependents.² Recognizing that most incarcerated women in Colombia neither commit violent crimes nor pose a significant public‐safety risk—and often to support their families—the law seeks to lessen the net negative impact that traditional imprisonment inflicts on both the women and their children.

Most incarcerated women are of productive and reproductive age, come from low-income backgrounds, and face limited access to education and stable employment. 75 percent are the sole providers for their households.³ In addition, 80 percent are typically first-time offenders with no prior involvement in criminal groups or the juvenile justice system.⁴ Only about 15 percent were carrying weapons at the time of the offense, and many have not committed violent crimes and posed a serious threat to public safety.⁵ Research shows that most offenses were drug-related, often driven by poverty and the need to support their families.

The imprisonment of women has a significant impact on both the individual and their children—particularly those under 18, who often lived with their mothers prior to arrest. These women are typically the primary caregivers and main source of household income, unlike the small percentage of incarcerated individuals who hold similar responsibilities.⁶ Incarceration also carries a lasting stigma, making it challenging for women to secure stable employment upon release.

The law applies to women who meet the following criteria:

• The offense was committed due to economic hardship.⁷ 
• They are a female head of household.
• They were sentenced to less than eight years for crimes related to theft or narcotics, committed under conditions of social and economic marginalization.

Women granted this benefit are required to perform community service as part of their sentence. Specifically, they must complete five hours of service for each week of the prison term imposed or remaining. The service must be carried out within a range of five to twenty hours per week, with no single day exceeding eight hours. Importantly, the schedule must not interfere with the woman’s employment or educational activities.⁸ Eligible activities may include: 

• Improvement of public spaces
• Support or assistance to victims, with their consent
• Support for community-based social development projects
• Other activities that help restore the social fabric affected by crime.⁹ 

Implementation

The bill, authored by former Senator Rodrigo Lara, was approved by Colombia’s Congress in 2021 with little opposition. However, it was subsequently objected to by then-President Iván Duque. Months after reviewing the objections, the Constitutional Court deemed them inadmissible. This delayed the law’s enactment for a couple of years, until President Gustavo Petro signed it into law—symbolically doing so on International Women’s Day.¹⁰ Because the law is retroactive, its implementation had the potential to release up to 5,000 women from prison at the time of signing. 

Cost

The Ministry of Justice has received support from the Inter-American Development Bank, KfW Development Bank, UN Women, the Organization of American States (OAS), and the US Agency for International Development (USAID). Specific details regarding associated costs could not be located and may not be readily available.

Assessment

The Public Utility Law is considered Colombia’s first criminal policy with a gender focus and is seen as a model for Latin America and beyond. Researchers and advocates recommend such initiatives that offer alternatives to incarceration while incorporating a gender perspective into the criminal justice system.^11,12 According to the Ministry of Justice’s Criminal Policy Directorate, approximately 6,000 women meet the criteria to potentially benefit from this law.¹³ 

While it is a promising practice, further efforts are needed to ensure proper implementation. Since the law was passed in March 2023, and as of May 2025, Colombian courts have issued 151 decisions granting the Public Utility benefit to 148 women. Of these, 126 are actively involved in designated prisons, while 11 have successfully completed their sentence, and three more were released on parole before completion.  Notably, no cases of recidivism have been recorded among the beneficiaries to date—a significant finding in terms of the law’s restorative impact, its sustainability, and the social legitimacy of this alternative to imprisonment.¹⁴ 

The Ministry of Justice recognizes that effective implementation of the law requires more than legal and institutional reforms—it also demands a cultural shift in how society understands punishment and reintegration. To support this transformation, the Ministry has undertaken extensive outreach and training: engaging over 1,800 incarcerated women, training public defenders and judicial staff, developing tools such as a dedicated microsite and information system, and launching a communications strategy to promote restorative, gender-sensitive justice.¹⁵ 

Nonetheless, civil society organizations monitoring the law’s implementation have identified several key challenges, including limited public awareness and difficulties in properly documenting eligible cases. A significant barrier is the discretionary interpretations by judges—particularly concerning the definitions of marginalization and caregiving responsibilities—when determining eligibility for the benefit. To address these issues, organizations such as Mujeres Libres, which advocates for the rights of incarcerated women and their families, have organized workshops to disseminate information about the law both within prisons and among members of the judiciary.

Additional Information

The law was developed and implemented in response to a 2015 Constitutional Court ruling, which found that Colombia’s penitentiary system disproportionately affected vulnerable populations, particularly women. The Court directed the Ministry of Justice to create initiatives to address these disparities. In addition, the Peace Agreement mandates the creation of differentiated and temporary mechanisms to address drug-related offenses, with a focus on mitigating the conflict’s impact in territories particularly affected by the war. The Public Utility Law is a joint initiative of the Ministry of Justice and the Ombudsman’s Office, with valuable input from civil society organizations, including Mujeres Libres.

Acknowledgments: The author thanks the following individuals for their insights and support on this piece: Dr. Isabel Maldona (Ministry of Justice, Colombia), Diana Carolina Flórez Bayona (Ministry of Justice, Colombia), Laura Ospina (Pathfinders for Peaceful, Just and Inclusive Societies at NYU’s Center on International Cooperation), and Claudia Cardona (Mujeres Libres).

Cityscape El Poblado district of Medellin, Colombia © Adobe Stock/Marek Poplawski

Tags

• Gender
• Justice
• Latin America & the Caribbean
• Low-Income Groups
• Middle-Income Country
• Political & Civic Participation