[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 5206 Introduced in Senate (IS)]

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117th CONGRESS
  2d Session
                                S. 5206

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            December 7, 2022

Mr. Booker (for himself and Ms. Warren) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


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

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Dignity Act''.

SEC. 2. 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.).''.

SEC. 3. OVERNIGHT VISIT PILOT PROGRAM.

    (a) Definitions.--In this section--
            (1) the term ``Director'' means the Director of the Bureau 
        of Prisons;
            (2) the term ``primary caretaker parent'' has the meaning 
        given the term in section 31903 of the 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).
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