118 HR 3344 IH: Justice for Incarcerated Moms Act
U.S. House of Representatives
2023-05-15
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EN
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I
118th CONGRESS
1st Session
H. R. 3344
IN THE HOUSE OF REPRESENTATIVES
May 15, 2023
Ms. Pressley (for herself, Ms. Underwood, Mr. Aguilar, Mr. Allred, Ms. Barragán, Mrs. Beatty, Mr. Bishop of Georgia, Mr. Blumenauer, Ms. Blunt Rochester, Ms. Brownley, Ms. Budzinski, Ms. Bush, Ms. Caraveo, Mr. Carbajal, Mr. Carson, Mr. Carter of Louisiana, Mrs. Cherfilus-McCormick, Ms. Clarke of New York, Mr. Cleaver, Mr. Cohen, Ms. Craig, Ms. Crockett, Mr. Davis of Illinois, Ms. Dean of Pennsylvania, Ms. Escobar, Mr. Espaillat, Mr. Evans, Mrs. Foushee, Mr. Garamendi, Ms. Garcia of Texas, Mr. García of Illinois, Mr. Green of Texas, Mrs. Hayes, Mr. Horsford, Mr. Huffman, Mr. Ivey, Mr. Jackson of Illinois, Ms. Jackson Lee, Ms. Jacobs, Ms. Jayapal, Mr. Johnson of Georgia, Ms. Kamlager-Dove, Mr. Krishnamoorthi, Ms. Kuster, Ms. Lee of California, Mr. Lieu, Ms. Lofgren, Mrs. McBath, Mrs. McClellan, Ms. McCollum, Mr. McGovern, Mr. Meeks, Ms. Meng, Mr. Mfume, Mr. Morelle, Mr. Moulton, Ms. Moore of Wisconsin, Mr. Mrvan, Mr. Mullin, Mrs. Napolitano, Mr. Neguse, Ms. Ocasio-Cortez, Mr. Pappas, Mr. Payne, Mr. Phillips, Ms. Porter, Mr. Ruppersberger, Ms. Salinas, Ms. Scanlon, Mr. Schiff, Mr. Schneider, Ms. Scholten, Mr. David Scott of Georgia, Ms. Sewell, Mr. Smith of Washington, Mr. Soto, Ms. Spanberger, Ms. Stansbury, Ms. Strickland, Mrs. Sykes, Mr. Takano, Mr. Thompson of Mississippi, Ms. Tlaib, Ms. Tokuda, Mr. Tonko, Mrs. Torres of California, Mrs. Trahan, Mr. Trone, Mr. Vargas, Mr. Veasey, Ms. Velázquez, Ms. Wasserman Schultz, Mrs. Watson Coleman, Ms. Wexton, Ms. Williams of Georgia, Mr. Pascrell, Ms. DelBene, Mr. Lynch, and Ms. Adams) introduced the following bill; which was referred to the Committee on the Judiciary
A BILL
To end the shackling of pregnant individuals, and for other purposes.
1.

Short title
This Act may be cited as the “Justice for Incarcerated Moms Act”.
2.

Ending the shackling of pregnant individuals
(a)

In general
Beginning on the date that is 6 months after the date of enactment of this Act, and annually thereafter, in each State that receives a grant under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.) (commonly referred to as the “Edward Byrne Memorial Justice Grant Program”) and that does not have in effect throughout the State for such fiscal year laws restricting the use of restraints on pregnant individuals in prison that are substantially similar to the rights, procedures, requirements, effects, and penalties set forth in section 4322 of title 18, United States Code, the amount of such grant that would otherwise be allocated to such State under such subpart for the fiscal year shall be decreased by 25 percent.
(b)

Reallocation
Amounts not allocated to a State for failure to comply with subsection (a) shall be reallocated in accordance with subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.) to States that have complied with such subsection.
3.

Creating model programs for the care of incarcerated individuals in the prenatal and postpartum periods
(a)

In general
Not later than 1 year after the date of enactment of this Act, the Attorney General, acting through the Director of the Bureau of Prisons, shall establish, in not fewer than 6 Bureau of Prisons facilities, programs to optimize maternal health outcomes for pregnant and postpartum individuals incarcerated in such facilities. The Attorney General shall establish such programs in consultation with stakeholders such as—
(1)
relevant community-based organizations, particularly organizations that represent incarcerated and formerly incarcerated individuals and organizations that seek to improve maternal health outcomes for pregnant and postpartum individuals from demographic groups with elevated rates of maternal mortality, severe maternal morbidity, maternal health disparities, or other adverse perinatal or childbirth outcomes;
(2)
relevant organizations representing patients, with a particular focus on patients from demographic groups with elevated rates of maternal mortality, severe maternal morbidity, maternal health disparities, or other adverse perinatal or childbirth outcomes;
(3)
organizations representing maternity care providers and maternal health care education programs;
(4)
perinatal health workers; and
(5)
researchers and policy experts in fields related to maternal health care for incarcerated individuals.
(b)

Start date
Each selected facility shall begin facility programs not later than 18 months after the date of enactment of this Act.
(c)

Facility priority
In carrying out subsection (a), the Director shall give priority to a facility based on—
(1)
the number of pregnant and postpartum individuals incarcerated in such facility and, among such individuals, the number of pregnant and postpartum individuals from demographic groups with elevated rates of maternal mortality, severe maternal morbidity, maternal health disparities, or other adverse perinatal or childbirth outcomes; and
(2)
the extent to which the leaders of such facility have demonstrated a commitment to developing exemplary programs for pregnant and postpartum individuals incarcerated in such facility.
(d)

Program duration
The programs established under this section shall be for a 5-year period.
(e)

Programs
Bureau of Prisons facilities selected by the Director shall establish programs for pregnant and postpartum incarcerated individuals, and such programs may—
(1)
provide access to perinatal health workers from pregnancy through the postpartum period;
(2)
provide access to healthy foods and counseling on nutrition, recommended activity levels, and safety measures throughout pregnancy;
(3)
train correctional officers to ensure that pregnant incarcerated individuals receive safe and respectful treatment;
(4)
train medical personnel to ensure that pregnant incarcerated individuals receive trauma-informed, culturally and linguistically congruent care that promotes the health and safety of the pregnant individuals;
(5)
provide counseling and treatment for individuals who have suffered from—
(A)
diagnosed mental or behavioral health conditions, including trauma and substance use disorders;
(B)
trauma or violence, including domestic violence;
(C)
human immunodeficiency virus;
(D)
sexual abuse;
(E)
pregnancy or infant loss; or
(F)
chronic conditions;
(6)
provide evidence-based pregnancy and childbirth education, parenting support, and other relevant forms of health literacy;
(7)
provide clinical education opportunities to maternity care providers in training to expand pathways into maternal health care careers serving incarcerated individuals;
(8)
offer opportunities for postpartum individuals to maintain contact with the individual’s newborn child to promote bonding, including enhanced visitation policies, access to prison nursery programs, or breastfeeding support;
(9)
provide reentry assistance, particularly to—
(A)
ensure access to health insurance coverage and transfer of health records to community providers if an incarcerated individual exits the criminal justice system during such individual’s pregnancy or in the postpartum period; and
(B)
connect individuals exiting the criminal justice system during pregnancy or in the postpartum period to community-based resources, such as referrals to health care providers, substance use disorder treatments, and social services that address social determinants of maternal health; or
(10)
establish partnerships with local public entities, private community entities, community-based organizations, Indian Tribes and Tribal organizations (as such terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)), and Urban Indian organizations (as such term is defined in section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603)) to establish or expand pretrial diversion programs as an alternative to incarceration for pregnant and postpartum individuals. Such programs may include—
(A)
evidence-based childbirth education or parenting classes;
(B)
prenatal health coordination;
(C)
family and individual counseling;
(D)
evidence-based screenings, education, and, as needed, treatment for mental and behavioral health conditions, including drug and alcohol treatments;
(E)
family case management services;
(F)
domestic violence education and prevention;
(G)
physical and sexual abuse counseling; and
(H)
programs to address social determinants of health such as employment, housing, education, transportation, and nutrition.
(f)

Implementation and reporting
A selected facility shall be responsible for—
(1)
implementing programs, which may include the programs described in subsection (e); and
(2)
not later than 3 years after the date of enactment of this Act, and 6 years after the date of enactment of this Act, reporting results of the programs to the Director, including information describing—
(A)
relevant quantitative indicators of success in improving the standard of care and health outcomes for pregnant and postpartum incarcerated individuals in the facility, including data stratified by race, ethnicity, sex, gender, primary language, age, geography, disability status, the category of the criminal charge against such individual, rates of pregnancy-related deaths, pregnancy-associated deaths, cases of infant mortality and morbidity, rates of preterm births and low-birthweight births, cases of severe maternal morbidity, cases of violence against pregnant or postpartum individuals, diagnoses of maternal mental or behavioral health conditions, and other such information as appropriate;
(B)
relevant qualitative and quantitative evaluations from pregnant and postpartum incarcerated individuals who participated in such programs, including measures of patient-reported experience of care; and
(C)
strategies to sustain such programs after fiscal year 2028 and expand such programs to other facilities.
(g)

Report
Not later than 6 years after the date of enactment of this Act, the Director shall submit to the Attorney General and to the Congress a report describing the results of the programs funded under this section.
(h)

Oversight
Not later than 1 year after the date of enactment of this Act, the Attorney General shall award a contract to an independent organization or independent organizations to conduct oversight of the programs described in subsection (e).
(i)

Authorization of appropriations
There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2024 through 2028.
4.

Grant program to improve maternal health outcomes for individuals in State and local prisons and jails
(a)

Establishment
Not later than 1 year after the date of enactment of this Act, the Attorney General, acting through the Director of the Bureau of Justice Assistance, shall award Justice for Incarcerated Moms grants to States to establish or expand programs in State and local prisons and jails for pregnant and postpartum incarcerated individuals. The Attorney General shall award such grants in consultation with stakeholders such as—
(1)
relevant community-based organizations, particularly organizations that represent incarcerated and formerly incarcerated individuals and organizations that seek to improve maternal health outcomes for pregnant and postpartum individuals from demographic groups with elevated rates of maternal mortality, severe maternal morbidity, maternal health disparities, or other adverse perinatal or childbirth outcomes;
(2)
relevant organizations representing patients, with a particular focus on patients from demographic groups with elevated rates of maternal mortality, severe maternal morbidity, maternal health disparities, or other adverse perinatal or childbirth outcomes;
(3)
organizations representing maternity care providers and maternal health care education programs;
(4)
perinatal health workers; and
(5)
researchers and policy experts in fields related to maternal health care for incarcerated individuals.
(b)

Applications
Each applicant for a grant under this section shall submit to the Director of the Bureau of Justice Assistance an application at such time, in such manner, and containing such information as the Director may require.
(c)

Use of funds
A State that is awarded a grant under this section shall use such grant to establish or expand programs for pregnant and postpartum incarcerated individuals, and such programs may—
(1)
provide access to perinatal health workers from pregnancy through the postpartum period;
(2)
provide access to healthy foods and counseling on nutrition, recommended activity levels, and safety measures throughout pregnancy;
(3)
train correctional officers to ensure that pregnant incarcerated individuals receive safe and respectful treatment;
(4)
train medical personnel to ensure that pregnant incarcerated individuals receive trauma-informed, culturally and linguistically congruent care that promotes the health and safety of the pregnant individuals;
(5)
provide counseling and treatment for individuals who have suffered from—
(A)
diagnosed mental or behavioral health conditions, including trauma and substance use disorders;
(B)
trauma or violence, including domestic violence;
(C)
human immunodeficiency virus;
(D)
sexual abuse;
(E)
pregnancy or infant loss; or
(F)
chronic conditions;
(6)
provide evidence-based pregnancy and childbirth education, parenting support, and other relevant forms of health literacy;
(7)
provide clinical education opportunities to maternity care providers in training to expand pathways into maternal health care careers serving incarcerated individuals;
(8)
offer opportunities for postpartum individuals to maintain contact with the individual’s newborn child to promote bonding, including enhanced visitation policies, access to prison nursery programs, or breastfeeding support;
(9)
provide reentry assistance, particularly to—
(A)
ensure access to health insurance coverage and transfer of health records to community providers if an incarcerated individual exits the criminal justice system during such individual’s pregnancy or in the postpartum period; and
(B)
connect individuals exiting the criminal justice system during pregnancy or in the postpartum period to community-based resources, such as referrals to health care providers, substance use disorder treatments, and social services that address social determinants of maternal health; or
(10)
establish partnerships with local public entities, private community entities, community-based organizations, Indian Tribes and Tribal organizations (as such terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)), and Urban Indian organizations (as such term is defined in section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603)) to establish or expand pretrial diversion programs as an alternative to incarceration for pregnant and postpartum individuals. Such programs may include—
(A)
evidence-based childbirth education or parenting classes;
(B)
prenatal health coordination;
(C)
family and individual counseling;
(D)
evidence-based screenings, education, and, as needed, treatment for mental and behavioral health conditions, including drug and alcohol treatments;
(E)
family case management services;
(F)
domestic violence education and prevention;
(G)
physical and sexual abuse counseling; and
(H)
programs to address social determinants of health such as employment, housing, education, transportation, and nutrition.
(d)

Priority
In awarding grants under this section, the Director of the Bureau of Justice Assistance shall give priority to applicants based on—
(1)
the number of pregnant and postpartum individuals incarcerated in the State and, among such individuals, the number of pregnant and postpartum individuals from demographic groups with elevated rates of maternal mortality, severe maternal morbidity, maternal health disparities, or other adverse perinatal or childbirth outcomes; and
(2)
the extent to which the State has demonstrated a commitment to developing exemplary programs for pregnant and postpartum individuals incarcerated in the prisons and jails in the State.
(e)

Grant duration
A grant awarded under this section shall be for a 5-year period.
(f)

Implementing and reporting
A State that receives a grant under this section shall be responsible for—
(1)
implementing the program funded by the grant; and
(2)
not later than 3 years after the date of enactment of this Act, and 6 years after the date of enactment of this Act, reporting results of such program to the Attorney General, including information describing—
(A)
relevant quantitative indicators of the program’s success in improving the standard of care and health outcomes for pregnant and postpartum incarcerated individuals in the facility, including data stratified by race, ethnicity, sex, gender, primary language, age, geography, disability status, category of the criminal charge against such individual, incidence rates of pregnancy-related deaths, pregnancy-associated deaths, cases of infant mortality and morbidity, rates of preterm births and low-birthweight births, cases of severe maternal morbidity, cases of violence against pregnant or postpartum individuals, diagnoses of maternal mental or behavioral health conditions, and other such information as appropriate;
(B)
relevant qualitative and quantitative evaluations from pregnant and postpartum incarcerated individuals who participated in such programs, including measures of patient-reported experience of care; and
(C)
strategies to sustain such programs beyond the duration of the grant and expand such programs to other facilities.
(g)

Report
Not later than 6 years after the date of enactment of this Act, the Attorney General shall submit to the Congress a report describing the results of such grant programs.
(h)

Oversight
Not later than 1 year after the date of enactment of this Act, the Attorney General shall award a contract to an independent organization or independent organizations to conduct oversight of the programs described in subsection (c).
(i)

Authorization of appropriations
There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2024 through 2028.
5.

GAO report
(a)

In general
Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on adverse maternal and infant health outcomes among incarcerated individuals and infants born to such individuals, with a particular focus on racial and ethnic disparities in maternal and infant health outcomes for incarcerated individuals.
(b)

Contents of report
The report described in this section shall include—
(1)
to the extent practicable—
(A)
the number of pregnant individuals who are incarcerated in Bureau of Prisons facilities;
(B)
the number of incarcerated individuals, including those incarcerated in Federal, State, and local correctional facilities, who have experienced a pregnancy-related death, pregnancy-associated death, or the death of an infant in the most recent 10 years of available data;
(C)
the number of cases of severe maternal morbidity among incarcerated individuals, including those incarcerated in Federal, State, and local detention facilities, in the most recent 10 years of available data;
(D)
the number of preterm and low-birthweight births of infants born to incarcerated individuals, including those incarcerated in Federal, State, and local correctional facilities, in the most recent 10 years of available data; and
(E)
statistics on the racial and ethnic disparities in maternal and infant health outcomes and severe maternal morbidity rates among incarcerated individuals, including those incarcerated in Federal, State, and local detention facilities;
(2)
in the case that the Comptroller General of the United States is unable determine the information required in subparagraphs (A) through (C) of paragraph (1), an assessment of the barriers to determining such information and recommendations for improvements in tracking maternal health outcomes among incarcerated individuals, including those incarcerated in Federal, State, and local detention facilities;
(3)
the implications of pregnant and postpartum incarcerated individuals being ineligible for medical assistance under a State plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) including information about—
(A)
the effects of such ineligibility on maternal health outcomes for pregnant and postpartum incarcerated individuals, with emphasis given to such effects for pregnant and postpartum individuals from racial and ethnic minority groups; and
(B)
potential implications on maternal health outcomes resulting from temporarily suspending, rather than permanently terminating, such eligibility when a pregnant or postpartum individual is incarcerated;
(4)
the extent to which Federal, State, and local correctional facilities are holding pregnant and postpartum individuals who test positive for illicit drug use in detention with special conditions, such as additional bond requirements, due to the individual’s drug use, and the effect of such detention policies on maternal and infant health outcomes.
(5)
causes of adverse maternal health outcomes that are unique to incarcerated individuals, including those incarcerated in Federal, State, and local detention facilities;
(6)
causes of adverse maternal health outcomes and severe maternal morbidity that are unique to incarcerated individuals from racial and ethnic minority groups;
(7)
recommendations to reduce maternal mortality and severe maternal morbidity among incarcerated individuals and to address racial and ethnic disparities in maternal health outcomes for incarcerated individuals in Bureau of Prisons facilities and State and local prisons and jails; and
(8)
such other information as may be appropriate to reduce the occurrence of adverse maternal health outcomes among incarcerated individuals and to address racial and ethnic disparities in maternal health outcomes for such individuals.
6.

Definitions
In this Act:
(1)

Culturally and linguistically congruent
The term culturally and linguistically congruent, with respect to care or maternity care, means care that is in agreement with the preferred cultural values, beliefs, worldview, language, and practices of the health care consumer and other stakeholders.
(2)

Maternal mortality
The term maternal mortality means a death occurring during or within a 1-year period after pregnancy, caused by pregnancy-related or childbirth complications, including a suicide, overdose, or other death resulting from a mental health or substance use disorder attributed to or aggravated by pregnancy-related or childbirth complications.
(3)

Maternity care provider
The term maternity care provider means a health care provider who—
(A)
is a physician, a physician assistant, a midwife who meets, at a minimum, the international definition of a midwife and global standards for midwifery education as established by the International Confederation of Midwives, an advanced practice registered nurse, or a lactation consultant certified by the International Board of Lactation Consultant Examiners; and
(B)
has a focus on maternal or perinatal health.
(4)

Perinatal health worker
The term perinatal health worker means a nonclinical health worker focused on maternal or perinatal health, such as a doula, community health worker, peer supporter, lactation educator or counselor, nutritionist or dietitian, childbirth educator, social worker, home visitor, patient navigator or coordinator, or language interpreter.
(5)

Postpartum and postpartum period
The terms postpartum and postpartum period refer to the 1-year period beginning on the last day of the pregnancy of an individual.
(6)

Pregnancy-associated death
The term pregnancy-associated death means a death of a pregnant or postpartum individual, by any cause, that occurs during, or within 1 year following, the individual’s pregnancy, regardless of the outcome, duration, or site of the pregnancy.
(7)

Pregnancy-related death
The term pregnancy-related death means a death of a pregnant or postpartum individual that occurs during, or within 1 year following, the individual’s pregnancy, from a pregnancy complication, a chain of events initiated by pregnancy, or the aggravation of an unrelated condition by the physiologic effects of pregnancy.
(8)

Racial and ethnic minority group
The term racial and ethnic minority group has the meaning given such term in section 1707(g)(1) of the Public Health Service Act (42 U.S.C. 300u–6(g)(1)).
(9)

Severe maternal morbidity
The term severe maternal morbidity means a health condition, including mental health conditions and substance use disorders, attributed to or aggravated by pregnancy or childbirth that results in significant short-term or long-term consequences to the health of the individual who was pregnant.
(10)

Social determinants of maternal health
The term social determinants of maternal health means nonclinical factors that impact maternal health outcomes.