117 HR 7394 IH: Women in Criminal Justice Reform Act
U.S. House of Representatives
2022-04-05
text/xml
EN
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I
117th CONGRESS
2d Session
H. R. 7394
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.
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.
I

GENDER-INFORMED ARREST AND LAW ENFORCEMENT PRACTICES
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:
“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”.
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:
“PP

GRANTS FOR GENDER-RESPONSIVE TRAINING
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.
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.
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.
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.”.
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.
II

FAMILY REUNIFICATION TO REDUCE RECIDIVISM AND PROTECT CHILDREN
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,”.
202.

Temporary release from imprisonment to maintain community ties
Title 18, United States Code, is amended by striking section 3622 and inserting:
“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.” .
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;”.
III

GENDER-INFORMED ALTERNATIVES TO INCARCERATION
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:
“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”.
IV

CONSPIRACY REFORM ACT—FIXING THE “GIRLFRIEND PROBLEM”
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”.
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.”.
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.”.
V

GENDER-RESPONSIVE AND TRAUMA-INFORMED IMPOSITION OF A SENTENCE
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;”.
VI

GENDER-RESPONSIVE PRISON REFORM
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 370/7 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.
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.
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.
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.
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”.
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
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.
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.
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.
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.
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.
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.
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.
VII

GENDER-INFORMED REENTRY REFORM
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.
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”.
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).
VIII

Definitions
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.