Improving the treatment of primary caretaker parents and other individuals in Federal prisons

Section 4051 of title 18, United States Code, is amended by adding at the end the following:

(i)

Visitation rules

The Director shall promulgate regulations for visitation between prisoners who are primary caretaker parents and their family members under which— (1)a prisoner may receive visits not fewer than 6 days per week, which shall include Saturday and Sunday; (2)a covered institution shall be open for visitation for not fewer than 8 hours per day; (3)a prisoner may have up to 5 adult visitors and an unlimited number of child visitors per visit; and (4)a prisoner may have physical contact with visitors unless the prisoner presents an immediate physical danger to the visitors. (j)

Ombudsman

The Attorney General shall designate an ombudsman to oversee and monitor, with respect to covered institutions— (1)prisoner transportation; (2)use of segregated housing; (3)strip searches of prisoners; and (4)civil rights violations. (k)

Telecommunications

(1)

In general

The Director— (A)may not charge a fee for a telephone call made by a prisoner; and (B)shall make videoconferencing available to prisoners in each covered institution free of charge. (2)

Rule of construction

Nothing in paragraph (1)(B) shall be construed to authorize the Director to use videoconferencing as a substitute for in-person visits. (l)

Use of sex-Appropriate correctional officers

(1)

Regulations

The Director shall make rules under which— (A)a correctional officer may not conduct a strip search of a prisoner of the opposite sex unless— (i)the prisoner presents a risk of immediate harm to the prisoner or others, and no other correctional officer of the same sex as the prisoner, or medical staff, is available to assist; or (ii)the prisoner has previously requested that an officer of a different sex conduct searches; (B)a correctional officer may not enter a restroom reserved for prisoners of the opposite sex unless— (i)a prisoner in the restroom presents a risk of immediate harm to the prisoner or others; or (ii)there is a medical emergency in the restroom and no other correctional officer of the appropriate sex is available to assist; (C)a transgender prisoner’s sex shall be determined according to the sex with which the prisoner identifies; and (D)a correctional officer may not search or physically examine a prisoner for the sole purpose of determining the prisoner’s genital status or sex. (2)

Relation to other laws

Nothing in paragraph (1) shall be construed to affect the requirements under the Prison Rape Elimination Act of 2003 (34 U.S.C. 30301 et seq.).

Overnight visit pilot program

(a)

Definitions

In this section— (1)the term Director means the Director of the Bureau of Prisons; (2)the term primary caretaker parent has the meaning given the term in section 31903 of the Family United Demonstration Project Act (34 U.S.C. 12242); and (3)the term prisoner means an individual who is incarcerated in a Federal penal or correctional institution. (b)

Pilot program

The Director shall carry out a pilot program under which prisoners who are primary caretaker parents and meet eligibility criteria established by the Director may receive overnight visits from family members. (c)

Eligibility criteria

In establishing eligibility criteria for the pilot program under subsection (b), the Director shall— (1)require that a prisoner have displayed good behavior; and (2)prohibit participation by any prisoner who has been convicted of a crime of violence (as defined in section 16 of title 18, United States Code).