Inside Elizabeth Holmes' Sentence: What It'll Be Like for the Mom in Prison?

Theranos founder Elizabeth Holmes will report to prison on Tuesday

Elizabeth Holmes, founder of Theranos Inc., left, leaves federal court with partner Billy Evans in San Jose, California, US, on Monday, Oct. 17, 2022 Elizabeth Holmes, founder of Theranos Inc., left, leaves federal court with partner Billy Evans in San Jose, California, US, on Monday, Oct. 17, 2022
Elizabeth Holmes, Billy Evans. Photo: David Paul Morris/Bloomberg

Editor's note: This article was originally published on Nov. 23, 2022, days after Elizabeth Holmes was sentenced to 11 years in prison — a sentence she will begin serving on Tuesday, when she is due to turn herself in to federal authorities.

At the time, Holmes was pregnant with her second child. Since then, she has given birth to the child, and seen her appeal seeking a reduction to her sentence denied.

Holmes is expected to serve her sentence at Federal Prison Camp Bryan in Texas, a minimum security facility about 100 miles from Houston, where she grew up. 

Elizabeth Holmes was sentenced to more than 11 years in prison last week, forcing the pregnant mother to be away from her children for a large portion of their childhoods.

In photos taken outside the courthouse, Holmes, 38, was visibly pregnant, meaning she will likely give birth to her second child before she turns herself in to federal authorities on April 27 of next year to begin serving time.

After that, for the duration of her prison sentence, "Her kids might see her for a few hours on the weekend[s]," according to Lynn Espejo, a criminal justice reform advocate and former federal inmate.

Espejo tells PEOPLE that the April, 2023, start date to Holmes' incarceration "gives her time to have the baby and recover from the birth."

Holmes was convicted in January of defrauding investors in connection with her Silicon Valley blood-testing start-up, Theranos, Inc. In addition to her sentence of 11 years and three months in prison, she was ordered to serve three months of supervised release after her incarceration.

Elizabeth Holmes, founder of Theranos Inc., left, leaves federal court with partner Billy Evans in San Jose, California, US, on Monday, Oct. 17, 2022 Elizabeth Holmes, founder of Theranos Inc., left, leaves federal court with partner Billy Evans in San Jose, California, US, on Monday, Oct. 17, 2022
David Paul Morris/Bloomberg

Holmes had asked the court for a sentence of 18 months of house arrest. Her lawyer called her a "loving and dedicated mother and partner," who is dreading being away from her children, The Mercury News reports.

Prosecutors argued for a 15-year sentence — and for Holmes to pay $804 million in restitution for 29 investors, according to The New York Times.

In a sentencing memo, Holmes' partner, Billy Evans, a hotel heir, asked the court to give Holmes a lighter sentence, saying she would miss so many special moments with their son, including rocking him to sleep at night, The Mercury News reports.

Want to keep up with the latest crime coverage? Sign up for PEOPLE's free True Crime newsletter for breaking crime news, ongoing trial coverage and details of intriguing unsolved cases.

SAN JOSE, CALIFORNIA - NOVEMBER 18: Former Theranos CEO Elizabeth Holmes on November 18, 2022 in San Jose, California. Holmes appeared in federal court for sentencing after being convicted of four counts of fraud for allegedly engaging in a multimillion-dollar scheme to defraud investors in her company Theranos, which offered blood testing lab services. (Photo by Justin Sullivan/Getty Images) SAN JOSE, CALIFORNIA - NOVEMBER 18: Former Theranos CEO Elizabeth Holmes on November 18, 2022 in San Jose, California. Holmes appeared in federal court for sentencing after being convicted of four counts of fraud for allegedly engaging in a multimillion-dollar scheme to defraud investors in her company Theranos, which offered blood testing lab services. (Photo by Justin Sullivan/Getty Images)
Elizabeth Holmes. Justin Sullivan/Getty

"My heart is broken with the thought of spending any days away from Liz, for a future in which my son grows up with a relationship with his mother on the other side of glass armed by guards," he said in the memo, according to the outlet.

Holmes herself tearfully told the court, "I regret my failings with every cell of my body," The Mercury News reports.

Squawk Box - Season 20 Squawk Box - Season 20
Elizabeth Holmes. David Orrell/CNBC/NBCU Photo Bank via Getty Images

Family Visits

Federal prisons allow limited visits for inmates' families. According to the BOP website, "an inmate gets at least four hours of visiting time per month but usually the prison can provide more."

Phone time is also limited. Under the CARES Act, enacted because of Covid, inmates were allowed 500 free minutes to talk to loved ones, according Espejo, the criminal justice reform advocate.

But that could be over now, says Espejo. "If the CARES Act is not in place, she's going to receive 300 minutes a month to talk to her family at 21 cents a minute," she says.

Inmates have to be careful to use their precious minutes wisely, Espejo adds. "I saw women running out of minutes all the time, saying they couldn't call home for another two weeks."

'She Could Be Out in 7 Years': Expert

The good news for Holmes is that she won't serve the entire 11 years and three months in prison, unless her behavior is bad, says Levine.

"When all is said and done, she could be out in seven years," he says.

Under federal law, prisoners serve 85 percent of their sentences, which means that Holmes could end up serving a little over nine and a half years.

Elizabeth Holmes Elizabeth Holmes
Elizabeth Holmes. HBO

Prisoners can also take six months or 10 percent off that 85 percent, which could end up being a little over eight and a half years.

She can shave a year off her sentence if she takes part in "programming" or classes, Levine says.

No matter where Holmes ends up – or for how long, Espejo says it's going to be challenging, boring at times – and lonely.

"People think it's 'Camp Cupcake,'" she says. "It's not."

Related Articles