[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7394 Introduced in House (IH)]

<DOC>






117th CONGRESS
  2d Session
                                H. R. 7394

 To provide for improvements in the treatment of women in the criminal 
                            justice system.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 5, 2022

    Ms. Bass (for herself, Ms. Mace, and Ms. Speier) introduced the 
 following bill; which was referred to the Committee on the Judiciary, 
  and in addition to the Committees on Ways and Means, and Energy and 
Commerce, for a period to be subsequently determined by the Speaker, in 
   each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To provide for improvements in the treatment of women in the criminal 
                            justice system.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Women in Criminal 
Justice Reform Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
     TITLE I--GENDER-INFORMED ARREST AND LAW ENFORCEMENT PRACTICES

Sec. 101. Protection of children at arrest.
Sec. 102. Grant program for gender-informed training of local law 
                            enforcement officers.
    TITLE II--FAMILY REUNIFICATION TO REDUCE RECIDIVISM AND PROTECT 
                                CHILDREN

Sec. 201. Parent-focused bail reform.
Sec. 202. Temporary release from imprisonment to maintain community 
                            ties.
        TITLE III--GENDER-INFORMED ALTERNATIVES TO INCARCERATION

Sec. 301. Federal pretrial diversion.
   TITLE IV--CONSPIRACY REFORM ACT--FIXING THE ``GIRLFRIEND PROBLEM''

Sec. 401. Focusing penalties for drug conspiracy.
Sec. 402. Increasing judicial discretion to sentence less culpable 
                            justice-involved individuals.
Sec. 403. Clarifying culpability at sentencing.
TITLE V--GENDER-RESPONSIVE AND TRAUMA-INFORMED IMPOSITION OF A SENTENCE

Sec. 501. Gender and trauma-informed sentencing.
               TITLE VI--GENDER-RESPONSIVE PRISON REFORM

Sec. 601. Health care needs of incarcerated women in the Bureau of 
                            Prisons.
Sec. 602. Trauma-informed care.
Sec. 603. Trauma-informed and gender-responsive training and staffing.
Sec. 604. Improving the Bureau of Prisons Resolve Trauma Therapy 
                            Program.
Sec. 605. Gender-responsive programs in the Bureau of Prisons.
Sec. 606. Gender-responsive prison conditions.
Sec. 607. Gender-specific posts.
Sec. 608. Female incarcerated person nutritional standards.
Sec. 609. Gender-responsive discipline policies.
Sec. 610. Expanding access to the Mothers and Infants Nurturing 
                            Together Program and the Residential 
                            Parenting Program.
Sec. 611. Report on failure to comply with the 500 mile rule.
Sec. 612. Authorization of appropriations.
               TITLE VII--GENDER-INFORMED REENTRY REFORM

Sec. 701. Focus on women at residential reentry centers and in 
                            community confinement.
Sec. 702. Focusing supervision on the rehabilitation of women.
Sec. 703. Gender-responsive modification of supervised release 
                            restrictions.
                        TITLE VIII--DEFINITIONS

Sec. 801. Definitions.

     TITLE I--GENDER-INFORMED ARREST AND LAW ENFORCEMENT PRACTICES

SEC. 101. PROTECTION OF CHILDREN AT ARREST.

    (a) In General.--Chapter 203 of title 18, United States Code, is 
amended by adding the following new section at the end:
``Sec. 3065. Arrest by Federal law enforcement
    ``A law enforcement officer who is authorized to make arrests under 
any Federal law shall permit any person who is arrested and is the 
custodial parent or guardian of a minor or dependent child the 
opportunity to make arrangements for such child at the time of arrest, 
including by permitting access to a telephone and appropriate phone 
numbers for the purposes of securing care for the child, and shall not 
refer the child to a child welfare agency, unless the custodial parent 
or guardian of the minor cannot make arrangements for the child at the 
time of arrest or to secure care for the child, or unless the arresting 
officer has reasonable cause to suspect the child is experiencing abuse 
or neglect. A drug related charge on its own does not constitute 
sufficient cause to suspect abuse or neglect.''.
    (b) Conforming Amendment.--The table of contents of chapter 203 of 
title 18, United States Code, is amended by adding at the end the 
following: ``3065. Arrest by Federal law enforcement''.

SEC. 102. GRANT PROGRAM FOR GENDER-INFORMED TRAINING OF LOCAL LAW 
              ENFORCEMENT OFFICERS.

    Title I of the Omnibus Crime Control and Safe Streets Act of 1968 
(34 U.S.C. 10101 et seq.), is amended by adding at the end the 
following:

            ``PART PP--GRANTS FOR GENDER-RESPONSIVE TRAINING

``SEC. 3051. IN GENERAL.

    ``The Attorney General may make a grant to a State each fiscal year 
for purposes of carrying out the requirements of section 3052. The term 
of such grant shall be 1 year.

``SEC. 3052. TRAINING ON GENDER-INFORMED LAW ENFORCEMENT PRACTICES.

    ``(a) Training Curricula.--Not later than 180 days after the 
effective date of this section, the Attorney General shall develop and 
identify training curricula under this paragraph in consultation with 
relevant law enforcement agencies of States and units of local 
government, associations that advocate on issues which 
disproportionately impact women, medical professionals, professional 
law enforcement organizations, mental health organizations, and family 
advocacy organizations.
    ``(b) Training Requirement.--The requirements of this subsection 
are as follows:
            ``(1) A State shall require that all individuals enrolled 
        in an academy of a law enforcement agency in the State and all 
        chief law enforcement officers of the State fulfill a training 
        session on gender-informed policing practices each fiscal year. 
        In the case of individuals attending an academy, such training 
        session shall be for at least 8 hours, and in the case of all 
        other law enforcement officers, the training session shall be 
        for at least 4 hours.
            ``(2) Gender-informed policing practices shall include--
                    ``(A) evidence-based training on the circumstances 
                most likely to disproportionately or differently impact 
                women who have contact with law enforcement through 
                traffic stops, street stops, searches, arrests, or any 
                other contact, and may include training on trauma, 
                sexual and physical abuse, family issues, physical and 
                mental health issues, hygiene issues, racial 
                disparities in the arrests of and law enforcement 
                contacts with women, and issues related to the arrest 
                of parents, including the identification and 
                appropriate responses to a child, present or not 
                present, whose parent is arrested in order to help 
                minimize potential trauma and support a child's 
                physical safety and well-being following an arrest;
                    ``(B) training on a proactive, victim-centered 
                approach to be used when responding to domestic 
                violence that utilizes best-practices aimed at reducing 
                risk of imminent or future violence, and strongly 
                discourages dual arrests;
                    ``(C) evidence-based training on proper 
                interrogation techniques for individuals with a history 
                of trauma such as intimate partner violence or sexual 
                assault as well as information on false confessions;
                    ``(D) evidence-based training on how the 
                interaction of race, class, disability, and gender may 
                influence police response as well as behavior of an 
                individual towards law enforcement officers; and
                    ``(E) evidence-based training on the specific needs 
                and appropriate policies and protocols for pregnant 
                persons who have contact with law enforcement through 
                traffic stops, street stops, searches, arrests, or any 
                other contact.
            ``(3) No later than 2 years after receipt of a grant under 
        this section, a State shall certify to the Attorney General of 
        the United States that such training sessions have been 
        completed.
    ``(c) Compliance and Ineligibility.--
            ``(1) Compliance date.--The period specified under this 
        paragraph is the period beginning 120 days after the date of 
        enactment of this part, to comply with subsection (a), except 
        that--
                    ``(A) the Attorney General may grant an additional 
                120 days to a State that is making good faith efforts 
                to comply with such subsection; and
                    ``(B) the Attorney General shall waive the 
                requirements of subsection (a) if compliance by a State 
                would be unconstitutional under the constitution of 
                such State.
            ``(2) Ineligibility.--A State that is not in compliance 
        with the requirements of subsection (a) during a fiscal year is 
        not eligible to apply for a grant under this part during the 
        next fiscal year.

``SEC. 3053. USE OF FUNDS.

    ``A grantee may use the grant to--
            ``(1) pay for costs associated with carrying out section 
        3052(b), including attendance by law enforcement officers or 
        professionals at an approved training course, including a 
        course provided by a law enforcement training academy of a 
        State or unit of local government;
            ``(2) procure training continuing education on 1 or more of 
        the topics described in section 3052(b) from a certified 
        entity;
            ``(3) in the case of a law enforcement agency of a unit of 
        local government that employs fewer than 50 law enforcement 
        officers (determined on a full-time equivalent basis), pay for 
        the costs of overtime accrued as a result of the attendance of 
        a law enforcement officer or covered professional at an 
        approved training course for which the costs associated with 
        conducting the approved training course are paid using amounts 
        provided under this section; and
            ``(4) pay for the costs of developing mechanisms to comply 
        with the certification requirement established under section 
        3052(b)(3), in an amount not to exceed 5 percent of the total 
        amount of the grant award.

``SEC. 3054. AUTHORIZATION OF APPROPRIATIONS.

    ``There is authorized to be appropriated to carry out this part 
$20,000,000 for each of fiscal years 2022 through 2026.''.

SEC. 103. REPRESENTATION IN LAW ENFORCEMENT GRANT PROGRAM.

    (a) Establishment.--There is established a grant program to improve 
recruitment and retention of women law enforcement officers.
    (b) Authority.--Not later than 60 days after the date of enactment 
of this Act, the Director of the Office of Community Oriented Policing 
Services of the Department of Justice shall make a grant to a law 
enforcement agency or department eligible for a grant under part Q of 
title I of the Omnibus Crime Control and Safe Streets Act of 1968.
    (c) Eligible Activities.--Amounts from a grant made under this 
section may be used only for the following:
            (1) Establishing working groups, committees, or advisory 
        boards to review current hiring practices to include--
                    (A) recruitment procedures;
                    (B) advertised job descriptions;
                    (C) images used on recruitment materials;
                    (D) the process of reviewing applications;
                    (E) required tests; and
                    (F) the procedures and individuals or groups 
                selected to interview candidates.
            (2) Producing and distributing recruitment materials with 
        inclusive racial and gender representation as well as language 
        focused on a variety of important skills and/or qualifications 
        for law enforcement officers.
            (3) Outreach to groups or locations with predominantly 
        women in attendance.
            (4) Providing on-site child care at law enforcement 
        academies.
            (5) Improving parental and family leave policies.
            (6) Establishing mentoring programs.
            (7) Training recruiters and academy staff on the importance 
        of a diverse workforce, implicit bias, and equal employment 
        opportunity matters.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated $5,000,000 for each of fiscal years 2022 through 2026.

    TITLE II--FAMILY REUNIFICATION TO REDUCE RECIDIVISM AND PROTECT 
                                CHILDREN

SEC. 201. PARENT-FOCUSED BAIL REFORM.

    Section 3142(g)(3)(A) of title 18, United States Code, is amended 
by inserting ``minor or dependent children and whether detention would 
negatively impact a child, including through potential loss of 
custody,'' after ``family ties,''.

SEC. 202. TEMPORARY RELEASE FROM IMPRISONMENT TO MAINTAIN COMMUNITY 
              TIES.

    Title 18, United States Code, is amended by striking section 3622 
and inserting:
``Sec. 3622. Temporary release
    ``(a) Generally.--The Bureau of Prisons and the United States 
Marshals Service shall release an individual from imprisonment for a 
limited period if such release is authorized by the warden or a 
judicial officer under subsection (c) and in accordance with the 
facility or officer's prescribed conditions, to--
            ``(1) visit a designated place for a period not to exceed 
        thirty days without specific authorization, and then return to 
        the same or another facility, for the purpose of--
                    ``(A) obtaining medical treatment not otherwise 
                available, including access to sexual assault nurse 
                examiners;
                    ``(B) establishing or reestablishing family or 
                community ties; or
                    ``(C) attending court proceedings concerning 
                juvenile custody or dependency of a minor or dependent 
                child;
            ``(2) visit a designated place for a period not to exceed 
        seven days without specific authorization, and then return to 
        the same or another facility, for the purpose of--
                    ``(A) visiting a relative who is dying;
                    ``(B) attending a funeral of a relative;
                    ``(C) contacting a prospective employer; or
                    ``(D) engaging in any other significant activity 
                consistent with the public interest; or
            ``(3) participate in a training or educational program in 
        the community while continuing in official detention at the 
        prison facility; or
            ``(4) work at paid employment in the community while 
        continuing in official detention at the penal or correctional 
        facility if the rates of pay and other conditions of employment 
        will not be less than those paid or provided for work of a 
        similar nature in the community.
    ``(b) Definition.--As used in this section, the term `imprisonment' 
means custodial detention, juvenile official detention, or community 
supervision, both prior to a trial or a dispositional hearing, and 
after conviction or adjudication.
    ``(c) Petition.--Upon petition from a person who is under an order 
of imprisonment, a judicial officer is authorized to release such 
person under subsection (a) and may set the least restrictive 
conditions of release necessary to meet the requirements of safety and 
justice. Such authorization shall be provided for the purposes listed 
in subsection (a) if it is consistent with the purpose for which any 
sentence was imposed if applicable and any pertinent policy statement 
issued by the Sentencing Commission pursuant to section 994(a)(2) of 
title 28, United States Code, unless a factual showing is made to the 
court demonstrating that the release would create an imminent risk of 
flight or harm to the incarcerated person or others.''.

SEC. 203. UPDATING CUSTODY REQUIREMENTS TO PRESERVE FAMILIES.

    Section 475(5)(E) of the Social Security Act (42 11 U.S.C. 
675(5)(E)) is amended--
            (1) by striking ``15 of the most recent 22 months'' and 
        inserting ``24 consecutive months and who is not in the care of 
        kin (including fictive kin), the State may consider filing or 
        joining a petition for modification or termination of parental 
        rights only after demonstrating by clear and convincing 
        evidence that the State has provided to the family of the child 
        such services, supports, and time needed to address the reasons 
        for foster care and enable the family to safely reunify, and by 
        demonstrating compelling reasons why the modification or 
        termination is in the best interest of the child, and if the 
        child is living with a kinship (including fictive kinship) 
        caregiver, the State agency shall provide a meaningful 
        opportunity for the kinship (including fictive kinship) 
        caregiver to express whether modification or termination is or 
        is not in the best interests of the child and shall document 
        such in the case plan of the child'';
            (2) by striking clause (i) and redesignating clauses (ii) 
        and (iii) as clauses (i) and (ii), respectively;
            (3) in clause (ii) (as so redesignated by paragraph (2) of 
        this section), by striking the semicolon and inserting a comma; 
        and
            (4) by inserting after and below clause (ii) (as so 
        redesignated) the following: ``except that, in the case of a 
        child to whom this subparagraph applies solely because the 
        child has been in foster care under the responsibility of the 
        State for 24 consecutive months and is not in the care of kin 
        (including fictive kin), the State may not file or join such a 
        petition if a parent of the child is actively engaged in 
        services to address the reasons the child entered care 
        (including treatment for substance use disorder, mental health 
        concerns, or parenting skills), if based principally on the 
        incarceration of a parent, or if based principally on the 
        detention of the parent by the Department of Homeland Security 
        or the deportation of the parent;''.

        TITLE III--GENDER-INFORMED ALTERNATIVES TO INCARCERATION

SEC. 301. FEDERAL PRETRIAL DIVERSION.

    (a) In General.--Chapter 201 of title 18, United States Code, is 
amended by adding the following new section at the end:
``Sec. 3015. Federal pretrial diversion
    ``(a) Definitions.--The following terms apply in this section:
            ``(1) Criminal case.--The term `criminal case' means a 
        Federal criminal offense or Federal juvenile adjudication where 
        a criminal complaint, information or indictment has been filed, 
        or where a criminal complaint, information or indictment has 
        not been filed and the Government has a reasonable belief that 
        a prosecutable Federal offense may be filed.
            ``(2) Divertee.--The term `divertee' means an adult or 
        juvenile who is accepted to participate in a pretrial diversion 
        program.
            ``(3) Pretrial diversion.--The term `pretrial diversion' 
        means an alternative to criminal prosecution that diverts a 
        defendant or juvenile away from the traditional criminal 
        justice process into a recidivism reduction plan, and which 
        results in a diversionary disposition to a divertee who 
        successfully completes such recidivism reduction plan.
            ``(4) Diversionary disposition.--The term `diversionary 
        disposition' means the termination of a criminal case that 
        results in--
                    ``(A) the Government not filing a criminal 
                complaint, information, indictment or charge in a 
                criminal case;
                    ``(B) dismissal of a criminal complaint, 
                indictment, information or charge against a divertee; 
                or
                    ``(C) a conviction and imposition of a sentence, or 
                a juvenile adjudication and disposition, that does not 
                include a term of incarceration, imprisonment or 
                official detention.
            ``(5) Recidivism reduction plan.--The term `recidivism 
        reduction plan' means a plan, ordered to be completed by the 
        Court, and that the divertee agrees to complete in exchange for 
        a diversionary disposition which--
                    ``(A) shall include supervision, at a frequency and 
                level to be determined by the Court; and
                    ``(B) may include classes, treatment, programs, 
                assistance, requirements, restrictions, or other 
                conditions that are gender-responsive, and are tailored 
                specifically to the needs of the divertee, which shall 
                include partnerships with nonprofit community-based 
                organizations, and shall include--
                            ``(i) assistance with seeking, obtaining, 
                        and maintaining employment;
                            ``(ii) placement in job placement programs 
                        that partner with private employers;
                            ``(iii) job skills classes, including 
                        computer skills, technical skills, vocational 
                        skills, and any other job-related skills;
                            ``(iv) assistance with locating and 
                        maintaining housing, including family-
                        accessible housing, which may include 
                        counseling as to public housing opportunities, 
                        assistance with applications for public housing 
                        benefits, and locating and/or securing 
                        temporary or long-term housing;
                            ``(v) obtaining an identification card or 
                        driver's license;
                            ``(vi) registering to vote, and applying 
                        for voting rights to be restored, where 
                        permitted by law;
                            ``(vii) assistance with, and requirements 
                        to apply for and remain in education programs, 
                        including assistance with applications for 
                        higher education loans and program admission;
                            ``(viii) financial counseling;
                            ``(ix) referrals for legal assistance to 
                        pursue record expungement, family law and 
                        custody matters, legal aid services, and 
                        relevant civil matters including housing and 
                        other issues;
                            ``(x) assistance with obtaining 
                        transportation, including through provision of 
                        transit fare;
                            ``(xi) familial counseling and parenting 
                        classes;
                            ``(xii) problem-solving and life-skills 
                        assistance or classes;
                            ``(xiii) assistance with communication 
                        needs, including providing a mobile phone, 
                        mobile phone service or access, or internet 
                        access;
                            ``(xiv) assistance with applications for 
                        State or Federal Government benefits, where 
                        eligible;
                            ``(xv) mentorship, including through 
                        programs that facilitate such services by 
                        formerly incarcerated or convicted individuals;
                            ``(xvi) physical and emotional trauma-
                        informed treatment, counseling, and therapy;
                            ``(xvii) medical and or mental health 
                        services, and cognitive-behavioral programming;
                            ``(xviii) substance use treatment and 
                        testing, including family-based residential 
                        drug treatment;
                            ``(xix) reactivation, application for and 
                        maintaining professional or other licenses;
                            ``(xx) payment of restitution, where 
                        appropriate;
                            ``(xxi) restorative justice-based 
                        requirements; and
                            ``(xxii) any other needs-based assistance 
                        or requirement designed to reduce recidivism.
            ``(6) Restorative justice.--The term `restorative justice' 
        means a creative solution that focuses on repairing the harm 
        caused by crime and reducing future harm through crime 
        prevention, and which requires justice-involved individuals to 
        take responsibility for their actions, seeks redress for 
        victims, and the healing and reintegration of both within the 
        community.
    ``(b) Diversion Authorized.--Upon application by a defendant, the 
Government, United States Probation and Pretrial Services, or sua 
sponte by the Court, a United States Court with jurisdiction over a 
criminal case may divert such case into a pretrial diversion program 
under this section at any time prior to imposition of a sentence or 
disposition.
    ``(c) Participation Requirements.--Participation in the program 
requires--
            ``(1) voluntary agreement to participate by the divertee, 
        after being presented with the Court's proposed pretrial 
        diversion order as required under subsection (e);
            ``(2) a signed waiver by the divertee that waives the right 
        to a speedy trial for as much time as is needed for 
        participation in the diversionary program as determined by the 
        Court, and waiver of presentment of the case within the statute 
        of limitations, if necessary, as determined by the Court; and
            ``(3) that the divertee be afforded the advice of counsel, 
        and if the divertee cannot afford counsel, that counsel be 
        appointed at no cost to the divertee.
    ``(d) Pretrial Diversion Determination Application Process.--Upon 
the application for pretrial diversion of a criminal case, the 
applicant shall be referred to either the Chief Pretrial Services 
Officer or the Chief Probation Officer for a report, that shall 
include--
            ``(1) the applicant's criminal history, background and 
        characteristics, and the facts surrounding an applicant's 
        criminal case;
            ``(2) a recommendation to the Court whether a pretrial 
        diversion program is appropriate for the applicant; and
            ``(3) a needs-based assessment of the applicant, and a 
        recommendation for a recidivism reduction plan tailored to the 
        needs of the applicant, whether or not a pretrial diversion 
        program is recommended.
    ``(e) Pretrial Diversion Order.--Upon review of the report 
described in subsection (e), and any argument, testimony and evidence 
presented by the Government and the applicant, the Court shall enter an 
order approving or denying the application of pretrial diversion, such 
an order shall include--
            ``(1) in the case of an order denying the application of 
        pretrial diversion, a statement of reasons for such denial; and
            ``(2) in the case of an order granting the application of 
        pretrial diversion--
                    ``(A) the date that the pretrial diversion period 
                begins, and date, whereby, if successful completion is 
                determined by the Court, a diversionary disposition may 
                be entered;
                    ``(B) the recidivism reduction plan which must be 
                successfully completed by the divertee in order to 
                receive a diversionary disposition;
                    ``(C) the type of diversionary disposition that the 
                divertee will receive if the divertee successfully 
                completes the recidivism reduction plan, including 
                opportunities for record expungement, which shall 
                include the approval of the Government where required 
                by law; and
                    ``(D) the alternative disposition of the criminal 
                case if the Court determines the divertee has not 
                successfully completed the recidivism reduction plan.
    ``(f) Unsuccessful Termination of Pretrial Diversion.--A divertee 
is entitled to a hearing before the divertee's pretrial diversion may 
be terminated. Upon breach of a condition of the recidivism reduction 
plan by the divertee, the U.S. Probation and Pretrial Services Office 
may so inform the Court, who shall determine whether such breach should 
warrant termination of diversion.
    ``(g) Successful Termination of Pretrial Diversion.--If the Court 
determines that a divertee has successfully completed a recidivism 
reduction program as provided in the terms of the pretrial diversion 
order, the Court shall enter a diversionary disposition order, as 
follows:
            ``(1) Upon approval of the Government, a criminal 
        complaint, information, indictment or charge in a criminal case 
        shall not be filed, and the Court shall order proceedings 
        terminated.
            ``(2) Upon approval of the Government, dismissal of a 
        criminal complaint, information, indictment or charge against a 
        divertee shall be ordered and proceedings terminated.
            ``(3) In the case of a divertee who has agreed to plead 
        guilty to a criminal offense, a judgment of conviction and 
        imposition of a sentence, or a juvenile adjudication shall be 
        ordered, and notwithstanding any mandatory term of imprisonment 
        provided for by law, the Court may order no term of 
        incarceration.
The Court is authorized to permit withdrawal of a guilty plea under 
this subsection.
    ``(h) Confidentiality.--All information obtained in the course of 
making the decision to divert a justice-involved individual and all 
information obtained by treatment providers, class instructors, and 
other required program providers in the course of completing a 
recidivism reduction plan shall not be used against the divertee in 
criminal proceedings or at sentencing, except that in the case of a 
recommendation for termination of diversion, information regarding the 
divertee's participation in such program may be used for purposes of 
termination proceedings.
    ``(i) Pretrial Diversion Program Preference.--Where authorized by 
law, pretrial diversion program acceptance shall be prioritized in 
criminal cases where an applicant demonstrates a history of physical or 
emotional trauma, sexual or physical abuse, substance abuse, mental 
illness, or vulnerable circumstances such as pregnancy, disability, 
homelessness, physical health challenges, or the immediate familial 
economic needs of an applicant.''.
    (b) Conforming Amendment.--The table of contents of chapter 201 of 
title 18, United States Code, is amended by adding at the end the 
following:

``3015. Federal pretrial diversion''.

   TITLE IV--CONSPIRACY REFORM ACT--FIXING THE ``GIRLFRIEND PROBLEM''

SEC. 401. FOCUSING PENALTIES FOR DRUG CONSPIRACY.

    (a) Controlled Substances Act.--Section 406 of the Controlled 
Substances Act (21 U.S.C. 846) is amended by striking ``subject to the 
same penalties as those prescribed for the offense, the commission of 
which was the object of the attempt or conspiracy'' and inserting 
``fined under title 18, United States Code, imprisoned not more than 5 
years, or both, except that in no case may the penalty for an offense 
under this section exceed any penalty for the underlying substantive 
offense, the commission of which was the object of the attempt or 
conspiracy''.
    (b) Controlled Substances Import and Export Act.--Section 1013 of 
the Controlled Substances Import and Export Act (21 U.S.C. 963) is 
amended by striking ``subject to the same penalties as those prescribed 
for the offense, the commission of which was the object of the attempt 
or conspiracy'' and inserting ``fined under title 18, United States 
Code, imprisoned not more than 5 years, or both, except that in no case 
may the penalty for an offense under this section exceed the penalty 
for the underlying offense, the commission of which was the object of 
the attempt or conspiracy''.

SEC. 402. INCREASING JUDICIAL DISCRETION TO SENTENCE LESS CULPABLE 
              JUSTICE-INVOLVED INDIVIDUALS.

    (a) In General.--Section 3553(e) of title 18, United States Code, 
is amended--
            (1) by striking ``Upon motion'' and inserting:
            ``(1) Motion of the government.--Upon motion'';
            (2) by striking the second sentence; and
            (3) by adding at the end the following:
            ``(2) Motion of a party or the court.--The Court, sua 
        sponte, or on the motion of a party, shall have the authority 
        to impose a sentence below a level established by statute as a 
        minimum sentence if the defendant shows that--
                    ``(A) the defendant did not provide substantial 
                assistance described in paragraph (1) based on a 
                reasonable fear of serious bodily injury (as such term 
                is defined in section 113) to the defendant, an 
                intimate partner, child, or other family member of the 
                defendant;
                    ``(B) the prosecution fails to demonstrate that the 
                defendant has useful information that could be used by 
                the Government in the investigation or prosecution of 
                another person who has committed an offense; or
                    ``(C) the defendant has provided substantial 
                assistance described in paragraph (1), but the 
                Government has not made a motion under such paragraph.
            ``(3) Sentencing guidelines.--A sentence under paragraph 
        (1) or (2) shall be imposed in accordance with the guidelines 
        and policy statements issued by the Sentencing Commission 
        pursuant to section 994 of title 28, United States Code.''.
    (b) Counterfeit Controlled Substances.--Section 401 of the 
Controlled Substances Act (21 U.S.C. 841) is amended by adding at the 
end the following:
    ``(i) In the case of a person who conspires to commit an offense 
under this title, the type and quantity of the controlled or 
counterfeit substance for the offense that was the object of the 
conspiracy shall be the type and quantity involved in--
            ``(1) the defendant's own unlawful acts; and
            ``(2) any unlawful act of a co-conspirator that--
                    ``(A) the defendant agreed to jointly undertake;
                    ``(B) was in furtherance of that unlawful act the 
                defendant agreed to jointly undertake; and
                    ``(C) was known to and intended by the 
                defendant.''.
    (c) Counterfeit Controlled Substances Import and Export.--Section 
1010 of the Controlled Substances Import and Export Act (21 U.S.C. 960) 
is amended by adding at the end the following:
    ``(e) In the case of a person who conspires to commit an offense 
under this title, the type and quantity of the controlled or 
counterfeit substance for the offense that was the object of the 
conspiracy shall be the type and quantity involved in--
            ``(1) the defendant's own unlawful acts; and
            ``(2) any unlawful act of a co-conspirator that--
                    ``(A) the defendant agreed to jointly undertake;
                    ``(B) was in furtherance of that unlawful act the 
                defendant agreed to jointly undertake; and
                    ``(C) was known to and intended by the 
                defendant.''.

SEC. 403. CLARIFYING CULPABILITY AT SENTENCING.

    Section 3661 of title 18, United States Code, is amended by 
striking the period at the end and inserting the following: ``, except 
that such a court may not consider, except for purposes of mitigating a 
sentence--
            ``(1) any act with respect to which the person was 
        criminally charged and adjudicated not guilty after trial in a 
        Federal, State, or Tribal, court, or in the case of a juvenile 
        an act that was charged and for which the juvenile was found 
        not responsible after a juvenile adjudication hearing; or
            ``(2) any act underlying a criminal charge or juvenile 
        information that was dismissed in a Federal court upon a motion 
        for acquittal under rule 29 of the Federal Rules of Criminal 
        Procedure, or in a State or Tribal court upon a motion for 
        acquittal or an analogous motion under the applicable State 
        rule of criminal procedure.''.

TITLE V--GENDER-RESPONSIVE AND TRAUMA-INFORMED IMPOSITION OF A SENTENCE

SEC. 501. GENDER AND TRAUMA-INFORMED SENTENCING.

    Section 3553 of title 18, United States Code, is amended in 
subsection (a)(2)--
            (1) in subparagraph (C), by striking ``and''; and
            (2) by striking subparagraph (D) and inserting the 
        following:
                    ``(D) to reflect any mitigation on behalf of the 
                defendant, including any history of trauma, substance 
                use, or medical and mental health disorders; and
                    ``(E) to provide the defendant with gender-
                responsive needed educational or vocational training, 
                medical care, trauma-informed mental health care, or 
                other correctional treatment in the most effective 
                manner;''.

               TITLE VI--GENDER-RESPONSIVE PRISON REFORM

SEC. 601. HEALTH CARE NEEDS OF INCARCERATED WOMEN IN THE BUREAU OF 
              PRISONS.

    (a) In General.--The Director of the Bureau of Prisons, in 
consultation with the Administrator of the Women and Special 
Populations Branch, shall ensure that all incarcerated women have 
access to basic standards of health care specific to their needs.
    (b) Obstetrics and Gynecology.--The Director shall ensure that all 
incarcerated persons in need of obstetric or gynecological care have 
access to a licensed medical professional with specialized training in 
such care, which shall include, in addition to any medical treatment 
provided by law and Bureau of Prisons policy--
            (1) a screening upon intake into the Bureau of Prisons, and 
        annual screening thereafter, that shall include screening for 
        high-risk factors as provided under subsection (c);
            (2) testing for Hepatitis A, B, and C;
            (3) tuberculosis skin testing;
            (4) testing for sexually transmitted infections, which 
        shall include chlamydia, gonorrhea, syphilis, and human 
        immunodeficiency virus (HIV), and may include testing for other 
        infections if symptoms present;
            (5) a breast examination screening no less frequently than 
        recommended by medical professionals adhering to guidelines 
        published by the Secretary of Health and Human Services; and
            (6) a pelvic examination to include a Pap smear and testing 
        for human papillomavirus (HPV) no less than every three years, 
        but within 48 hours if medical history or symptoms require, 
        with the option of being accompanied by a trained medical 
        chaperone during this examination.
    (c) Human Papillomavirus Vaccine for Juveniles.--The Director shall 
amend Bureau of Prisons policy for human papillomavirus screening and 
vaccination to include access for juvenile justice-involved 
individuals.
    (d) Dental Care.--The Director shall ensure that dental care for 
incarcerated persons complies with the standards developed by the 
Americans with Disabilities Act (ADA), Standards Administration 
Department, and not later than one year after enactment of this 
section, the Director, in consultation with the Chief of Dental 
Programs shall report to the Committees on the Judiciary of the Senate 
and the House of Representatives and the Subcommittees on Commerce, 
Justice, Science, and Related Agencies of the Committees on 
Appropriations of the Senate and the House of Representatives, and such 
report shall include--
            (1) the number of incarcerated persons who have requested 
        dental care, disaggregated by race and gender;
            (2) the number of incarcerated persons who have received 
        dental care, disaggregated by race and gender;
            (3) the number of incarcerated persons who are on waitlists 
        for dental care disaggregated by race and gender; and
            (4) the number of incarcerated persons who have been 
        refused requested dental care, disaggregated by race and 
        gender, and the reasons for such refusals.
    (e) High-Risk Incarcerated Person Healthcare.--Female incarcerated 
persons who present with any high-risk factors during any screening, 
shall be provided with care as follows:
            (1) Screening for bone density in postmenopausal persons 
        younger than 65 years if any of the following risk factors are 
        noted:
                    (A) Medical history of a fragility fracture.
                    (B) Body weight less than 127 pounds.
                    (C) Medical causes of bone loss (medications or 
                diseases).
                    (D) Parental medical history of hip fracture.
                    (E) Current smoker.
                    (F) Alcoholism.
                    (G) Rheumatoid arthritis.
            (2) For incarcerated persons with a medical history of 
        preeclampsia who gave birth less than 37\0/7\ weeks of 
        gestation, or who have a medical history of recurrent 
        preeclampsia, a yearly assessment of blood pressure, lipids, 
        fasting blood glucose, and body mass index.
            (3) Screening for colorectal cancer for incarcerated 
        persons who--
                    (A) are age 50 and above;
                    (B) have a first-degree relative younger than age 
                60 or two or more first-degree relatives of any age who 
                have had colorectal cancer;
                    (C) have a family history of familial adenomatous 
                polyposis or hereditary nonpolyposis colon cancer; or
                    (D) have a history of colorectal cancer, 
                adenomatous polyps, inflammatory bowel disease, chronic 
                ulcerative colitis, or Crohn's disease.
            (4) Diabetes testing for incarcerated persons who--
                    (A) are overweight or obese;
                    (B) every three years for any incarcerated person 
                who has delivered a baby weighing 9 pounds or more, or 
                was diagnosed with gestational diabetes mellitus (GDM) 
                and normal postpartum screening test results;
                    (C) have been diagnosed with hypertension or are on 
                therapy for hypertension;
                    (D) have been diagnosed with a high cholesterol 
                level or a high triglyceride level;
                    (E) have been diagnosed with polycystic ovary 
                syndrome;
                    (F) have other clinical conditions associated with 
                insulin resistance; or
                    (G) have a history of cardiovascular disease.
            (5) Hemoglobin level assessments for incarcerated persons 
        who have a history of excessive menstrual flow.
            (6) Lipid profile assessments for incarcerated persons 
        who--
                    (A) have a family history suggestive of familial 
                hyperlipidemia;
                    (B) have a family history of premature 
                cardiovascular disease;
                    (C) have a previous personal history of coronary 
                heart disease or noncoronary atherosclerosis, or 
                abdominal aortic aneurysm, peripheral artery disease, 
                or carotid artery stenosis;
                    (D) are obese;
                    (E) have a personal or family history of peripheral 
                vascular disease;
                    (F) have diabetes mellitus;
                    (G) have multiple coronary heart disease risk 
                factors, such as tobacco use and hypertension;
                    (H) an annual lipid assessment for female 
                incarcerated persons who have a medical history of 
                preeclampsia who gave birth preterm, or who have a 
                medical history of recurrent preeclampsia.
            (7) A mammography and triple negative breast cancer 
        screening for incarcerated persons who--
                    (A) have had breast cancer or who have a first-
                degree relative or multiple other relatives who have a 
                history of premenopausal breast or breast and ovarian 
                cancers;
                    (B) have tested positive for BRCA1 or BRCA2 
                mutations;
                    (C) received thoracic irradiation, a typically as a 
                treatment for lymphoma, between the ages of 10 and 30; 
                and
                    (D) have a personal history of high-risk breast 
                biopsy results, including atypical hyperplasia and 
                lobular carcinoma in situ.
            (8) Thyroid-stimulating hormone testing for female 
        incarcerated persons with a strong family history of thyroid 
        disease or autoimmune disease.
            (9) Screening and appropriate treatment for incarcerated 
        persons with diagnosis of sickle cell anemia.
    (f) Contraceptive Case.--The Director shall ensure access to 
contraceptive care for an incarcerated person if determined to be 
medically recommended by a licensed obstetrician-gynecologist.
    (g) Confidentiality.--All medical reports and health records 
drafted or stored within the Bureau of Prisons may not be exchanged, 
transferred, or used for the purpose of any criminal investigation or 
prosecution federally, or under the laws of any State, local or Tribal 
government.

SEC. 602. TRAUMA-INFORMED CARE.

    (a) Training.--The Director of the Bureau of Prisons, in 
collaboration with the Bureau of Prisons Health Services Department, 
the Bureau of Prisons Women and Special Populations Branch, and the 
Department of Health & Human Services, shall develop and implement 
training for Bureau of Prisons officers and employees that complies 
with national standards on trauma-informed care, and which shall 
include--
            (1) recognition of the impact of trauma on multiple areas 
        of life and different paths to recovery;
            (2) awareness of the signs and symptoms of trauma, and 
        methods to respond to trauma;
            (3) training on revised policies and practices that account 
        for and are sensitive to potential trauma histories;
            (4) methods to prevent retraumatization; and
            (5) awareness of the high rates of trauma among 
        incarcerated persons and the higher rates of trauma among 
        female incarcerated persons, and the causes of such trauma.
    (b) Trauma Screening.--The Director of the Bureau of Prisons, in 
collaboration with the Bureau of Prisons Health Services Department, 
the Bureau of Prisons Women and Special Populations Branch, and the 
Department of Health & Human Services, shall develop and implement a 
trauma-screening program upon intake of all incarcerated persons into 
the Bureau of Prisons. Such screening shall also be incorporated into 
the periodic assessments of incarcerated persons under section 101 and 
section 102 of the First Step Act.
    (c) Trauma-Informed Therapy and Counseling.--The Director of the 
Bureau of Prisons, in collaboration with the Bureau of Prisons Health 
Services Department, the Bureau of Prisons Women and Special 
Populations Branch, and the Department of Health & Human Services, 
shall create trauma, and posttraumatic stress disorder, counseling and 
trauma-informed support programs for incarcerated persons who have 
experienced trauma, which programs shall be administered by a licensed 
mental health professional, and shall include--
            (1) assistance with methods to cope with trauma, including 
        the development of safety plans and strategies for dealing with 
        triggers; and
            (2) programs and therapy modalities that directly address 
        trauma within incarcerated populations, which may include--
                    (A) programs designed for the treatment of 
                individuals with co-occurring post-traumatic stress 
                disorder and substance use symptoms;
                    (B) group intervention programs;
                    (C) individual counseling;
                    (D) gender-responsive programs for female trauma 
                survivors;
                    (E) programs designed for trauma survivors who have 
                severe mental health disorders;
                    (F) Prolonged Exposure Therapy;
                    (G) Eye Movement Desensitization and Reprocessing;
                    (H) peer-to-peer support programming; and
                    (I) any other evidence-based trauma-informed and 
                gender-responsive treatment or therapy.
    (d) Report.--Beginning on the date that is 2 years after the date 
of enactment of this title, and annually thereafter, the Bureau of 
Justice Statistics shall submit a report to the Committees on the 
Judiciary of the Senate and the House of Representatives and the 
Subcommittees on Commerce, Justice, Science, and Related Agencies of 
the Committees on Appropriations of the Senate and the House of 
Representatives that contains the following:
            (1) The number of incarcerated persons screened for trauma 
        exposure under this title, and the number of incarcerated 
        persons presenting with a history of exposure to trauma at 
        intake and upon reassessment, including demographic percentages 
        by age, race, and gender.
            (2) The specific trauma-informed counseling and treatment 
        programs developed under subsection (c).
            (3) The number of incarcerated persons who participate in 
        each trauma-informed counseling and treatment program developed 
        under subsection (c), including demographic percentages by age, 
        race, and gender.
            (4) The number of incarcerated persons on a waitlist for 
        such program developed under subsection (c), including 
        demographic percentages by age, race, and gender.
The Director of the Bureau of Prisons shall promptly respond to 
requests from the Bureau of Justice Statistics for access to Bureau of 
Prisons facilities, personnel, and information, in the completion of 
this report.

SEC. 603. TRAUMA-INFORMED AND GENDER-RESPONSIVE TRAINING AND STAFFING.

    (a) Gender-Responsive Training.--The Director of the Bureau of 
Prisons, in collaboration with the Bureau of Prisons Health Services 
Department, the Bureau of Prisons Women and Special Populations Branch, 
and the Department of Health & Human Services, shall develop and 
implement gender-responsive training for Bureau of Prisons officers and 
employees which shall include incorporating gender-responsive 
components to all existing training for all correctional officers and 
employees, and shall include separate training on the unique needs of 
incarcerated women for all correctional officers and employees in 
facilities that house women and female juveniles, and all such 
trainings shall include training on--
            (1) common characteristics of female incarcerated persons, 
        including data on the numbers of women in Bureau of Prisons 
        custody, and generally the race, charges, age, and common 
        sentences of women in the criminal justice system;
            (2) reasons why women enter the criminal justice system, 
        and gender-responsive policy and practice that target women's 
        pathways to criminality by providing effective interventions 
        that address the intersecting issues of substance abuse, 
        trauma, mental health, and economic marginality;
            (3) the high rates of trauma that justice involved women 
        are exposed to;
            (4) the high rates of mental health diagnosis among women 
        justice-involved individuals;
            (5) the menstrual needs, general health, and reproductive 
        health care needs, of women;
            (6) the high rates of motherhood amongst female 
        incarcerated persons, and their ongoing roles as mothers and 
        community members; and
            (7) the low risk to public safety created by the typical 
        offenses committed by justice-involved women.
    (b) Staffing.--The Director of the Bureau of Prisons shall ensure 
that correctional employees dedicated to the Women And Special 
Populations Branch be--
            (1) sufficient to ensure consistent, professional 
        supervision of female incarcerated persons;
            (2) sufficient to ensure proper gender-responsive 
        implementation of Bureau of Prisons polices and legislative 
        mandates;
            (3) sufficient to properly evaluate programming needs, 
        develop, and administer programs for all eligible female 
        incarcerated persons;
            (4) sufficient to ensure that women prisoners in the Bureau 
        of Prisons are healthy and safe from harm; and
            (5) shall not be less than twelve full time employees.

SEC. 604. IMPROVING THE BUREAU OF PRISONS RESOLVE TRAUMA THERAPY 
              PROGRAM.

    (a) Generally.--The Director shall ensure that the Resolve Trauma 
Therapy Program is offered at all institutions that house female 
incarcerated persons, and that all female incarcerated persons who seek 
treatment through the Resolve Trauma Therapy Program have access to 
such program beginning during the first twelve months of the 
incarcerated person's sentence.
    (b) Resolve Program Prerequisite Notice and Access.--The Director 
shall ensure that all female incarcerated persons are provided notice 
of the Resolve Program and the prerequisites for admittance into the 
program. Any such prerequisites, which may include a Trauma in Life 
seminar and psychological screening test, shall be offered to all 
female incarcerated persons to begin within 60 days of intake into the 
Bureau of Prisons.
    (c) Resolve Program Staffing.--The Director shall ensure that 
sufficient correctional employees are employed at each facility that 
houses female incarcerated persons, in order to comply with this 
section, which shall include, at minimum, one Resolve Coordinator at 
each location and one Treatment Specialist, but may include any number 
of correctional employees as needed.
    (d) Spanish Language Resolve Program.--The Director shall ensure 
that the Resolve Program is offered in Spanish and accessible for all 
Spanish-speaking female incarcerated persons.
    (e) Report.--Beginning on the date that is 1 year after the date of 
enactment of this title, and annually thereafter, the Attorney General 
shall submit a report to the Committees on the Judiciary of the Senate 
and the House of Representatives and the Subcommittees on Commerce, 
Justice, Science, and Related Agencies of the Committees on 
Appropriations of the Senate and the House of Representatives that 
contains the following:
            (1) The number of female incarcerated persons who complete 
        the Trauma in Life seminar and psychological screening test 
        prerequisites for access to the Resolve Program, and whether 
        each incarcerated person began such Resolve Program 
        prerequisites within 60 days of intake into the Bureau of 
        Prisons, and if not within 60 days of intake when they began 
        program prerequisites.
            (2) The number of female incarcerated persons who complete 
        the Resolve Program, annually, and whether such program 
        participation began within 1 year of intake into the Bureau of 
        Prisons, and if not, how soon such program participation began 
        and was completed.
            (3) The number of individuals on waitlists, if any, for 
        Resolve Program access.
            (4) The number of full-time correctional employees 
        dedicated to work within the Resolve Program and vacancies 
        during the previous calendar year.
            (5) The number of female incarcerated persons who complete 
        the Resolve Program in Spanish, and the number of Spanish-
        speaking female incarcerated persons who are on waitlists for 
        program access.
            (6) The number of female incarcerated persons who qualify 
        for Resolve Program access but were not afforded participation 
        in the program before release.

SEC. 605. GENDER-RESPONSIVE PROGRAMS IN THE BUREAU OF PRISONS.

    (a) Generally.--The Director, in consultation with the Director of 
the Women and Special Populations Branch, shall ensure that all 
incarcerated person programs and services are gender-responsive and all 
programs shall--
            (1) consider the national profile of women who enter the 
        criminal justice system, which is most often disproportionately 
        women of color, and women who are likely to have been convicted 
        of a drug or drug-related offense, have fragmented family 
        histories, with other family members also involved with the 
        criminal justice system, are survivors of physical and/or 
        sexual abuse as children and adults, have significant substance 
        abuse problems, have multiple physical and mental health 
        problems, are mothers and legal guardians of minor children, 
        and have limited vocational training and sporadic work 
        histories;
            (2) be evidence-based, and responsive to data concerning 
        the distinguishing aspects of different genders of justice-
        involved individuals;
            (3) address substance misuse, trauma, and mental health 
        issues through comprehensive, integrated, services;
            (4) provide opportunities through education and training to 
        provide women with opportunities to improve socioeconomic 
        conditions;
            (5) have a relational component wherever possible, and 
        goals to promote healthy connections to children, family, 
        significant others, and the community;
            (6) consider the pattern of emotional, physical, and sexual 
        abuse that many female justice-involved individuals have 
        experienced, and mitigate against an abusive environment and 
        traumatization; and
            (7) be otherwise gender-responsive based on empirical 
        evidence and research.
    (b) Ensuring First Step Act Early Release Programs Are Gender-
Responsive.--Section 3635(3) of title 18, United States Code, is 
amended--
            (1) in subparagraph (B), by striking ``and'';
            (2) by redesignating subparagraph (C) as subparagraph (D); 
        and
            (3) by inserting the following after subparagraph (B):
                    ``(C) are gender-responsive, in compliance with 
                section 5 of title VI of the Gender-Informed Justice 
                Act; and''.

SEC. 606. GENDER-RESPONSIVE PRISON CONDITIONS.

    (a) Generally.--The Director shall ensure all institutions that 
house female incarcerated persons maintain the same minimum standard of 
care and conditions as institutions that house male incarcerated 
persons. Lack of resources shall not be sufficient reason for failing 
to meet minimum standards of treatment or conditions where such failure 
constitutes a violation of incarcerated persons' constitutional or 
statutory rights.
    (b) Minimum Standard of Conditions.--The term ``standard of 
conditions'' means the provision of adequate care and treatment in 
compliance with the United States Constitution and laws of the United 
States, and shall at minimum include--
            (1) safe and orderly conditions in all correctional 
        institutions;
            (2) a goal to prepare prisoners to live law-abiding lives 
        upon release, and to facilitate prisoners' reintegration into 
        free society by implementing appropriate conditions of 
        confinement and by sustained planning for such reintegration;
            (3) protection of incarcerated persons from harm, with 
        restrictions placed on incarcerated persons only that are 
        necessary and proportionate to the legitimate objectives for 
        which those restrictions are imposed;
            (4) a respect of the human rights and dignity of 
        incarcerated persons, with no incarcerated person being 
        subjected to cruel, inhuman, or degrading treatment or 
        conditions;
            (5) for a convicted individual, loss of liberty and 
        separation from society should be the sole punishments imposed 
        by imprisonment;
            (6) appropriate levels of correctional officers and 
        employees;
            (7) implementation of internal processes for continually 
        assessing and improving each correctional facility;
            (8) humane and healthful living conditions;
            (9) necessary health care;
            (10) freedom from staff harassment and invidious 
        discrimination;
            (11) freedom of religion and substantial freedom of 
        expression;
            (12) equal conditions conducive to maintaining healthy 
        relationships with families;
            (13) equal opportunities to participate in constructive 
        activity and rehabilitative programs;
            (14) access to gender-responsive and comprehensive 
        community-based reentry programs and planning, including family 
        reunification legal clinics within correctional facilities 
        where present;
            (15) all Bureau of Prisons physical facilities shall--
                    (A) be adequate to protect and promote the health 
                and safety of incarcerated persons and staff;
                    (B) be clean and well-maintained;
                    (C) include appropriate housing, laundry, health 
                care, food service, visitation, recreation, education, 
                and program space;
                    (D) have appropriate heating and ventilation 
                systems;
                    (E) not deprive prisoners or staff of natural 
                light, of light sufficient to permit reading throughout 
                prisoners' housing areas, and of reasonable darkness 
                during the sleeping hours;
                    (F) be free from tobacco smoke and excessive noise;
                    (G) allow unrestricted access for prisoners to 
                potable drinking water and to adequate, clean, 
                reasonably private, and functioning toilets and 
                washbasins; and
                    (H) comply with health, safety, and building codes, 
                subject to regular inspection;
            (16) all Bureau of Prisons facility housing conditions 
        shall--
                    (A) include living quarters of adequate size, with 
                single-occupancy cells as the preferred form of 
                housing, but facilities that must use multiple-person 
                living quarters should provide sufficient staffing, 
                supervision, and personal space to ensure safety for 
                persons and security for their belongings, and to 
                ensure that all living quarters and personal hygiene 
                areas are designed to facilitate adequate and 
                appropriate supervision of incarcerated persons and to 
                allow such persons privacy consistent with their 
                security classification;
                    (B) at a minimum, include a bed and mattress off 
                the floor for each incarcerated person, a writing area 
                and seating, an individual secure storage compartment 
                sufficient in size to hold personal belongings and 
                legal papers, a source of natural light, and light 
                sufficient to permit reading; and
                    (C) sufficient access to showers at an appropriate 
                temperature to enable each incarcerated person to 
                shower as frequently as necessary, and allowing for 
                gender appropriate separation, to maintain general 
                hygiene;
            (17) living quarters and associated common areas shall be 
        maintained in a sanitary condition;
            (18) correctional authorities should provide prisoners with 
        clean, appropriately sized clothing suited to the season and 
        facility temperature and to the prisoner's work assignment and 
        gender identity, in quantities sufficient to allow for a daily 
        change of clothing and permitting incarcerated persons 
        opportunities to mend and machine launder their clothing if the 
        facility does not provide these services;
            (19) to the extent practicable and consistent with safety 
        concerns, correctional authorities should minimize the periods 
        during the day in which prisoners are required to remain in 
        their cells;
            (20) incarcerated persons shall be provided daily 
        opportunities for significant out-of-cell time and for 
        recreation at appropriate hours that allows them to maintain 
        physical health and, for incarcerated persons not otherwise 
        prohibited by specific health or safety concerns, to socialize 
        with other incarcerated persons, and at minimum all 
        incarcerated persons shall be offered the opportunity for at 
        least one hour per day of exercise, in the open air if the 
        weather permits; and
            (21) incarcerated persons should be permitted, whenever 
        practicable, to eat in a congregate setting, whether that is a 
        specialized room or a housing area dayroom, absent an 
        individualized decision that a congregate setting is 
        inappropriate for a particular individual, and incarcerated 
        persons shall be allowed an adequate time to eat each meal.
    (c) Incarcerated Person Conditions During Menstruation.--The 
Director, in consultation with the Director of the Women and Special 
Populations Branch, shall ensure that incarcerated persons during the 
time of menstruation are treated with dignity and respect, and that 
such incarcerated persons are given appropriate medical and hygienic 
care, including as necessary for pain relief. This shall include free 
and adequate supply of menstrual materials as well as sufficient access 
to toilet paper

SEC. 607. GENDER-SPECIFIC POSTS.

    The Director shall ensure that ensure the assignment of female 
staff at locations in female institutions where incarcerated person 
searches are common, such that Bureau of Prisons is in compliance with 
the Prison Rape Elimination Act of 2003 without requiring female 
Correctional Officers to leave other assigned posts.

SEC. 608. FEMALE INCARCERATED PERSON NUTRITIONAL STANDARDS.

    (a) Nutritional Standards for Female Incarcerated Persons.--The 
Director shall revise the Bureau of Prisons standards for nutrition to 
ensure they are gender-specific, and that women receive a healthy diet 
consistent with national dietary guidelines for women.
    (b) Nutraloaf Prohibited.--The Director shall ensure that food 
quantity, type, or the prohibition of food, shall never be used as a 
means of discipline, and the Bureau of Prisons shall never provide as 
meals to incarcerated persons ``Nutraloaf'', ground up leftovers, or 
any similar meal.
    (c) Pregnant and Lactating Incarcerated Persons.--For pregnant and 
lactating incarcerated persons nutrition standards shall reflect the 
following:
            (1) Access to at least 64-96 ounces of fluid per day.
            (2) Access to appropriate dietary supplements.
            (3) Caloric supplementation as medically appropriate not 
        from processed meats associated with listeriosis.

SEC. 609. GENDER-RESPONSIVE DISCIPLINE POLICIES.

    (a) Generally.--The Director, in consultation with the Director of 
the Women and Special Populations Branch, the Director of the Health 
Services Division, and in consultation with experts in correctional 
standards for gender-responsive sanctions, shall develop gender-
responsive policies for discipline, which shall--
            (1) include a review of the existing Bureau of Prisons' 
        discipline and sanctions policies to evaluate where policies 
        are not gender-responsive, and to include gender-responsive 
        mission statements and goals and revise all policies and 
        standards to be gender-responsive;
            (2) ensure that revised policies focus on safety, 
        motivation of incarcerated person behavior, and incarcerated 
        person self-management, including through methods to teach 
        incarcerated persons alternatives to rule violating behaviors 
        before such behaviors are displayed;
            (3) include an understanding of gender-based peer dynamics 
        and relationships;
            (4) acknowledge trauma, and how many rule violating 
        behaviors have roots in traumatic experiences;
            (5) address gender-responsive and trauma-informed 
        approaches with female incarcerated persons;
            (6) review common incarcerated person violation behavior 
        based on gender, and determine what sanctions and supports are 
        available to respond to the range of common behaviors, based on 
        gender;
            (7) determine which sanctions can be reduced or eliminated 
        based on research and best practices, and which sanctions can 
        be added to achieve better outcomes with female incarcerated 
        persons, with a focus on sanctions that reinforce motivation 
        and rehabilitation rather than a punitive response; and
            (8) eliminate the use of extremely punitive sanctions, 
        including shackling and segregated housing, except in 
        circumstances when an incarcerated person presents a severe 
        danger to other staff or incarcerated persons, and create 
        gender-responsive policies for the use of such sanctions.
    (b) Visitation as a Disciplinary Tool.--The Director shall ensure 
that loss of visitation privileges, including in-person, video, 
electronic, phone, and physical mail opportunities, is reserved as a 
sanction in only high and greatest severity level offenses by 
incarcerated persons.
    (c) Discipline Report.--Beginning on the date that is 1 year after 
the date of enactment of this title, and annually thereafter, the 
Attorney General shall submit a report to the Committees on the 
Judiciary of the Senate and the House of Representatives that contains 
the following information for the previous calendar year:
            (1) The number of incarcerated persons who are sanctioned 
        for prohibited acts, disaggregated by race, gender, and age.
            (2) The number of incarcerated persons who are sanctioned 
        for greatest severity level offenses, high severity level 
        offenses, moderate severity level offenses, low severity level 
        offenses, disaggregated by race, gender, and age.
            (3) The number of incarcerated persons who lose good 
        conduct time as a sanction, the reason for loss of good conduct 
        time, and the amount of good conduct time lost, disaggregated 
        by race, gender, and age.
            (4) The type of sanctions imposed for all greatest level 
        severity offenses, disaggregated by race, gender, and age of 
        the incarcerated person.
            (5) The type of sanctions imposed for all high level 
        severity offenses, disaggregated by race, gender, and age of 
        the incarcerated person.
            (6) The type of sanctions imposed for all moderate level 
        severity offenses, disaggregated by race, gender, and age of 
        the incarcerated person.
            (7) The type of sanctions imposed for all low level 
        severity offenses, disaggregated by race, gender, and age of 
        the incarcerated person.
            (8) All sanctions imposed on mentally ill incarcerated 
        persons, disaggregated by race, gender, and age of the 
        incarcerated person.

SEC. 610. EXPANDING ACCESS TO THE MOTHERS AND INFANTS NURTURING 
              TOGETHER PROGRAM AND THE RESIDENTIAL PARENTING PROGRAM.

    (a) Notice.--The Director shall ensure that every correctional 
officer and employee, and every female incarcerated person admitted 
into the Bureau of Prisons, is given notice of the Washington State 
Department of Corrections' Residential Parenting Program and the 
Mothers and Infants Nurturing Together Program, and of the eligibility 
requirements for each program.
    (b) Eligibility.--The Director shall revise eligibility 
requirements for the Residential Parenting Program and the Mothers and 
Infants Nurturing Together Program to ensure that all incarcerated 
persons who have given birth while in the custody of the Bureau of 
Prisons have access to both programs, except in limited circumstances 
where the female incarcerated person presents a risk of danger to 
herself or others, and without regard to citizenship status or criminal 
charge.
    (c) Review of Exclusions.--In the case of a female incarcerated 
person who has been pregnant or given birth while in the custody of the 
Bureau of Prisons, and has been excluded from participation in the 
Washington State Department of Corrections' Residential Parenting 
Program and the Mothers and Infants Nurturing Together Program 
eligibility, such exclusion shall be reviewed by the Director of the 
Women and Special Populations Branch, or the Director's designee who 
must be a licensed psychologist.
    (d) Reports.--Beginning on the date that is 1 year after the date 
of enactment of this title, and annually thereafter, the Attorney 
General shall submit a report to the Committees on the Judiciary of the 
Senate and the House of Representatives and the Subcommittees on 
Commerce, Justice, Science, and Related Agencies of the Committees on 
Appropriations of the Senate and the House of Representatives that 
contains the following information about the Washington State 
Department of Corrections' Residential Parenting Program and the 
Mothers and Infants Nurturing Together Program:
            (1) The number of women who have been pregnant or given 
        birth while in the custody of the Bureau of Prisons.
            (2) The number of women who participate in the Washington 
        State Department of Corrections' Residential Parenting Program 
        and the Mothers and Infants Nurturing Together Program, 
        including--
                    (A) the number of participants who start each 
                program; and
                    (B) the number of participants who complete each 
                program.
            (3) For all incarcerated persons who enter each program and 
        do not complete each program, the reasons for failure to 
        complete the program.
            (4) The number of available, unused program participation 
        incarcerated person spaces.
            (5) The number of female incarcerated persons who have been 
        pregnant or given birth while in the custody of the Bureau of 
        Prisons who have been excluded from participation in the 
        programs by the Bureau of Prisons or personal preference, and 
        the reasons for such exclusion.

SEC. 611. REPORT ON FAILURE TO COMPLY WITH THE 500 MILE RULE.

    Beginning on the date that is 1 year after the date of enactment of 
this title, and annually thereafter, the Director of the Bureau of 
Prisons shall submit a report on compliance with the requirements under 
section 3621(b) of title 18, United States Code, to the Committees on 
the Judiciary of the Senate and the House of Representatives and the 
Subcommittees on Commerce, Justice, Science, and Related Agencies of 
the Committees on Appropriations of the Senate and the House of 
Representatives that contains--
            (1) the number of incarcerated persons who are not placed 
        in a facility that is within 500 miles of their primary 
        residence;
            (2) for each incarcerated person who is not placed in a 
        facility that is within 500 miles of his or her primary 
        residence, the reason for such placement;
            (3) for each incarcerated person who is not placed in a 
        facility that is within 500 miles of his or her primary 
        residence, the number of miles from the prisoner's primary 
        residence to the facility where such prisoner is placed; and
            (4) for each incarcerated person who is not placed at a 
        facility within 500 miles of his or her primary residence, 
        whether such incarcerated person has received any visits in the 
        previous calendar year, and if so, how many.

SEC. 612. GAO STUDY ON REPRESENTATION IN THE BUREAU OF PRISONS.

    The Comptroller General of the United States shall conduct a study 
of the best practices as of the date of enactment of this Act in 
recruiting and retaining women as correctional officers within the 
Bureau of Prisons. This report shall also include practices which have 
been counterproductive to any such effort. Additionally the report 
shall detail the demographics of the Bureau workforce as of the date of 
the study, disaggregated by age, racial, ethnic, and gender 
composition.

SEC. 613. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this title 
$5,000,000 for each of fiscal years 2023 through 2027. Not less than 30 
percent of such funding shall be used for salaries and benefits and 
increased employment mandates as provided under this title.

               TITLE VII--GENDER-INFORMED REENTRY REFORM

SEC. 701. FOCUS ON WOMEN AT RESIDENTIAL REENTRY CENTERS AND IN 
              COMMUNITY CONFINEMENT.

    The Director shall ensure that placement of incarcerated persons 
into prerelease custody through community confinement, which shall 
include residential reentry centers, community treatment centers, 
halfway houses, restitution centers, mental health facilities, alcohol 
or drug rehabilitation centers, or other community correctional 
facilities, shall--
            (1) in the case of an incarcerated person who is a 
        custodial parent of a minor child, permit the visitation with 
        such child or residence with such child;
            (2) shall ensure that such placement provides adequate 
        gender-appropriate hygiene, healthcare, and nutrition needs; 
        and
            (3) in the case of an incarcerated person who is a victim 
        of domestic violence, dating violence, sexual assault, that 
        such incarcerated person be permitted the ability to reside in 
        a safe, and if necessary confidential, community confinement 
        dwelling.

SEC. 702. FOCUSING SUPERVISION ON THE REHABILITATION OF WOMEN.

    (a) Training Requirement.--The Chief United States Probation 
Officer shall ensure that all training for probation officers shall 
include--
            (1) that all individuals enrolled in the academy fulfill a 
        training session on gender-informed supervision practices; and
            (2) gender-informed supervision practices shall include 
        evidence-based training on the specific needs of women who 
        enter the justice system and have been incarcerated, and shall 
        include training on trauma, sexual and physical abuse, family 
        issues, physical and mental health issues, hygiene issues, 
        racial disparities in the arrests of and law enforcement 
        contacts with women, and issues related to the supervision and 
        arrest of parents, including the identification and appropriate 
        responses to a child, present or not present, whose parent is 
        supervised, arrested, searched, or otherwise, in order to help 
        minimize potential trauma and support a child's physical safety 
        and well-being.
    (b) Successful Rehabiliation.--Section 3603(3) of title 18, United 
States Code, is amended by striking ``to aid a probationer or a person 
on supervised release who is under his supervision, and to bring about 
improvements in his conduct and condition'' and inserting ``to effect 
the successful rehabilitation and reintegration of a probationer or a 
person on supervised release into society, using trauma-informed and 
restorative techniques with an understanding of the collateral 
consequences of conviction''.

SEC. 703. GENDER-RESPONSIVE MODIFICATION OF SUPERVISED RELEASE 
              RESTRICTIONS.

    Section 3583 of title 18, United States Code, is amended--
            (1) in subsection (e), by inserting ``and after 
        consideration of any basis for difficulty in compliance by the 
        defendant, including parental obligations, poverty, substance 
        use disorders, mental health disorders, or otherwise'' after 
        ``(a)(7)''; and
            (2) in subsection (g)--
                    (A) in paragraph (2), by inserting ``or'' at the 
                end;
                    (B) in paragraph (3), by striking ``or''; and
                    (C) by striking paragraph (4).

                        TITLE VIII--DEFINITIONS

SEC. 801. DEFINITIONS.

    In this Act, the terms ``gender-responsive'', ``trauma-informed'', 
and ``victim-centered'' as used within this Act shall have the meanings 
given such terms in rules made by the Substance Abuse and Mental Health 
Services Administration.
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