[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5575 Introduced in House (IH)]

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115th CONGRESS
  2d Session
                                H. R. 5575

To improve the treatment of Federal prisoners who are primary caretaker 
                    parents, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 18, 2018

    Mr. Taylor (for himself and Mrs. Watson Coleman) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To improve the treatment of Federal prisoners who are primary caretaker 
                    parents, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Pathway to Parenting Act of 2018''.

SEC. 2. TREATMENT OF PRIMARY CARETAKER PARENTS AND OTHER INDIVIDUALS IN 
              FEDERAL PRISONS.

    (a) In General.--Chapter 303 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 4050. Treatment of primary caretaker parents and other 
              individuals
    ``(a) Definitions.--In this section--
            ``(1) the term `correctional officer' means a correctional 
        officer of the Bureau of Prisons;
            ``(2) the term `Director' means the Director of the Bureau 
        of Prisons;
            ``(3) the term `primary caretaker parent' has the meaning 
        given the term in section 31903 of the Violent Crime Control 
        and Law Enforcement Act of 1994 (42 U.S.C. 13882); and
            ``(4) the term `prisoner' means an individual who is 
        incarcerated in a Federal penal or correctional institution.
    ``(b) Geographic Placement.--
            ``(1) Establishment of office.--The Director shall 
        establish within the Bureau of Prisons an office that 
        determines the placement of prisoners.
            ``(2) Placement of prisoners.--In determining the placement 
        of a prisoner, the office established under paragraph (1) 
        shall--
                    ``(A) if the prisoner has children, place the 
                prisoner as close to the children as possible; and
                    ``(B) consider any other factor that the office 
                determines appropriate.
    ``(c) Visitation Rules.--The Director shall promulgate regulations 
for visitation between prisoners who are primary caretaker parents and 
their family members under which--
            ``(1) a prisoner may receive visits not fewer than 6 days 
        per week, which shall include Saturday and Sunday;
            ``(2) a Federal penal or correctional institution shall be 
        open for visitation for not fewer than 8 hours per day;
            ``(3) a prisoner may have up to 3 adult visitors and an 
        unlimited number of child visitors per visit; and
            ``(4) a prisoner may have physical contact with visitors 
        unless the prisoner presents an immediate physical danger to 
        the visitors.
    ``(d) Placement in Segregated Housing Units; Prohibition on 
Shackling.--
            ``(1) Placement in segregated housing units.--
                    ``(A) In general.--A Federal penal or correctional 
                institution may not place a prisoner who is pregnant or 
                in the first 8 weeks of postpartum recovery in a 
                segregated housing unit unless the prisoner presents an 
                immediate risk of harm to others or herself.
                    ``(B) Restrictions.--Any placement of a prisoner 
                described in subparagraph (A) in a segregated housing 
                unit shall be limited and temporary.
            ``(2) Prohibition on shackling.--A Federal penal or 
        correctional institution may not use instruments of restraint, 
        including handcuffs, chains, irons, straitjackets, or similar 
        items, on a prisoner who is pregnant.
    ``(e) Parenting Classes.--The Director shall provide parenting 
classes to each prisoner who is a primary caretaker parent.
    ``(f) Trauma-Informed Care.--
            ``(1) In general.--The Director shall provide trauma-
        informed care to each prisoner who is diagnosed with trauma.
            ``(2) Identification and referral.--The Director shall 
        provide training to each correctional officer and each other 
        employee of the Bureau of Prisons who regularly interacts with 
        prisoners, including health care professionals and instructors, 
        to enable the employees to identify prisoners with trauma and 
        refer those prisoners to the proper health care professional 
        for treatment.
    ``(g) Mentoring by Former Prisoners.--The Director shall promulgate 
regulations under which an individual who was formerly incarcerated in 
a Federal penal or correctional institution may access such an 
institution to--
            ``(1) act as a mentor for prisoners; and
            ``(2) assist prisoners in reentry.
    ``(h) Ombudsman.--The Attorney General shall designate an ombudsman 
to oversee and monitor, with respect to Federal penal and correctional 
institutions--
            ``(1) prisoner transportation;
            ``(2) use of segregated housing;
            ``(3) strip searches of prisoners; and
            ``(4) civil rights violations.
    ``(i) Telecommunications.--
            ``(1) In general.--The Director--
                    ``(A) may not charge a fee for a telephone call 
                made by a prisoner to their child; and
                    ``(B) shall make videoconferencing available to 
                prisoners in each Federal penal or correctional 
                institution, which shall be free of charge in the case 
                of videoconference between a prisoner and the 
                prisoner's child.
            ``(2) Rule of construction.--Nothing in paragraph (1)(B) 
        shall be construed to authorize the Director to use 
        videoconferencing as a substitute for in-person visits.
    ``(j) Gynecologist Access.--The Director shall ensure that female 
prisoners have access to a gynecologist.
    ``(k) Use of Sex-Appropriate Correctional Officers.--
            ``(1) Regulations.--The Director shall promulgate 
        regulations under which--
                    ``(A) a correctional officer may not conduct a 
                strip search of a prisoner of the opposite sex unless--
                            ``(i) the prisoner presents a risk of 
                        immediate harm to herself or himself or others; 
                        and
                            ``(ii) no other correctional officer of the 
                        same sex as the prisoner is available to 
                        assist; and
                    ``(B) a correctional officer may not enter a 
                restroom reserved for prisoners of the opposite sex 
                unless--
                            ``(i)(I) a prisoner in the restroom 
                        presents a risk of immediate harm to herself or 
                        himself or others; or
                            ``(II) there is a medical emergency in the 
                        restroom; and
                            ``(ii) no other correctional officer of the 
                        appropriate sex is available to assist.
            ``(2) Relation to other laws.--Nothing in paragraph (1) 
        shall be construed to affect the requirements under the Prison 
        Rape Elimination Act of 2003 (42 U.S.C. 15601 et seq.).''.
    (b) Substance Abuse Treatment.--Section 3621(e) of title 18, United 
States Code, is amended by adding at the end the following:
            ``(7) Eligibility of primary caretaker parents and pregnant 
        women.--The Bureau of Prisons may not prohibit a prisoner who 
        is a primary caretaker parent (as defined in section 4050) or 
        pregnant from participating in a program of residential 
        substance abuse treatment provided under paragraph (1) based on 
        the failure of the individual, before being committed to the 
        custody of the Bureau, to disclose to any official that the 
        individual had a substance abuse problem.''.
    (c) Technical and Conforming Amendment.--The table of sections for 
chapter 303 of title 18, United States Code, is amended by adding at 
the end the following:

``4050. Treatment of primary caretaker parents and other 
                            individuals.''.

SEC. 3. OVERNIGHT VISIT PILOT PROGRAM.

    (a) Definitions.--In this section--
            (1) the term ``Director'' means the Director of the Bureau 
        of Prisons;
            (2) the term ``primary caretaker parent'' has the meaning 
        given the term in section 31903 of the Violent Crime Control 
        and Law Enforcement Act of 1994 (42 U.S.C. 13882); and
            (3) the term ``prisoner'' means an individual who is 
        incarcerated in a Federal penal or correctional institution.
    (b) Pilot Program.--The Director shall carry out a pilot program 
under which prisoners who are primary caretaker parents and meet 
eligibility criteria established by the Director may receive overnight 
visits from family members.
    (c) Eligibility Criteria.--In establishing eligibility criteria for 
the pilot program under subsection (b), the Director shall--
            (1) require that a prisoner have displayed good behavior; 
        and
            (2) prohibit participation by any prisoner who has been 
        convicted of a crime of violence (as defined in section 16 of 
        title 18, United States Code).

SEC. 4. PRENATAL PILOT PROGRAM.

    (a) Authorization.--The Director of the Bureau of Prisons shall 
carry out a pilot program in which provides prenatal care to groups of 
not more than 12 pregnant female prisoners (as such term is defined in 
section 3) in accordance with this section.
    (b) Meeting.--The groups of prisoners described in subsection (a) 
shall meet not less than 10 times during pregnancy and the early 
postpartum period. Each such meeting shall be for a period of not less 
than 90 minutes and not more than 120 minutes, and shall be led by a 
facilitator appointed by the Director, who shall facilitate discussions 
among the participants, and provide the services described in 
subsection (c).
    (c) Comprehensive Approach to Prenatal Care.--The pilot program 
under this section shall integrate health, physical assessment, 
education, childcare skills, and other appropriate support.
    (d) Facilitator Requirements.--Each facilitator appointed by the 
Director under subsection (b) shall have experience providing a 
comprehensive approach to prenatal care in a group setting, and shall 
be a physician or nurse practitioner licensed or certified to provide 
services in the field of obstetrics and gynecology.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out sections 3 and 
4, and, in addition to amounts otherwise made available, section 4050 
of title 18, United States Code, $10,000,000 for each of fiscal years 
2019 through 2023.
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