[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8690 Introduced in House (IH)]
<DOC>
119th CONGRESS
2d Session
H. R. 8690
To address the health needs of incarcerated women related to pregnancy
and childbirth, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 7, 2026
Ms. Kamlager-Dove (for herself, Mr. Johnson of Georgia, Ms. Norton, Ms.
Brownley, Ms. Simon, Mrs. Ramirez, Mr. Davis of Illinois, and Ms.
Sewell) introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committees on the
Budget, and Homeland Security, 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 address the health needs of incarcerated women related to pregnancy
and childbirth, 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 ``Pregnant Women in Custody Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Covered facility.--The term ``covered facility'' means
a--
(A) Bureau of Prisons facility;
(B) facility of the U.S. Customs and Border
Protection or the U.S. Immigration and Customs
Enforcement; or
(C) shelter of the Office of Refugee Resettlement
of the Department of Health and Human Services.
(2) In custody.--The term ``in custody'', with respect to
an individual, means that the individual--
(A) is under the supervision of a Federal, State,
Tribal, or local correctional facility, including a
pretrial, juvenile, medical, or mental health facility
and a facility operated under a contract with the
Federal Government or a State, Tribal, or local
government;
(B) in the custody of the U.S. Customs and Border
Protection; or
(C) incarcerated, detained, or sheltered by the
U.S. Immigration and Customs Enforcement or the Office
of Refugee Resettlement of the Department of Health and
Human Services.
(3) Other pregnancy outcome.--The term ``other pregnancy
outcome'' means a pregnancy that ends in stillbirth,
miscarriage, or ectopic pregnancy.
(4) Postpartum recovery.--The term ``postpartum recovery''
has the meaning given that term in section 4051(c) of title 18,
United States Code, as added by this Act.
(5) Restraints.--The term ``restraints'' means any physical
or mechanical device used to control the movement of an in
custody pregnant woman's body, limbs, or both.
(6) Restrictive housing.--The term ``restrictive housing''
has the meaning given that term in section 4322 of title 18,
United States Code, as added by this Act.
SEC. 3. DATA COLLECTION.
(a) In General.--Beginning not later than 1 year after the date of
enactment of this Act, pursuant to the authority under section 302 of
title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34
U.S.C. 10132), the Director of the Bureau of Justice Statistics shall
include in the National Prisoner Statistics Program and Annual Survey
of Jails statistics relating to the health needs of incarcerated
pregnant women in the criminal justice system at the Federal, State,
Tribal, and local levels, including--
(1) demographic and other information about incarcerated
women who are pregnant, in labor, or in postpartum recovery,
including the race, ethnicity, and age of the woman;
(2) the provision of pregnancy care and services provided
for such women, including--
(A) whether prenatal, delivery, and post-delivery
check-up visits were scheduled and provided;
(B) whether a social worker, psychologist, doula or
other support person was offered and provided during
pregnancy and delivery and post-delivery;
(C) whether a pregnancy or parenting program was
offered and provided during pregnancy;
(D) whether a nursery or residential program to
keep mothers and infants together post-delivery was
offered and whether such a nursery or residential
program was provided;
(E) the number of days the mother stayed in the
hospital post-delivery;
(F) the number of days the infant remained with the
mother post-delivery; and
(G) the number of days the infant remained in the
hospital after the mother was discharged;
(3) the location of the nearest hospital with a licensed
obstetrician-gynecologist in proximity to where the
incarcerated pregnant woman is housed and the length of travel
required to transport the woman;
(4) whether a written policy or protocol is in place--
(A) to respond to unexpected childbirth, labor,
deliveries, or medical complications related to the
pregnancies of incarcerated pregnant women; and
(B) for incarcerated pregnant women experiencing
labor or medical complications related to pregnancy
outside of a hospital;
(5) the number of incarcerated women who are determined by
a health care professional to have a high-risk pregnancy;
(6) the total number of incarcerated pregnant women and the
number of incarcerated women who became pregnant while
incarcerated;
(7) the number of incidents in which an incarcerated woman
who is pregnant, in labor, or in postpartum recovery is placed
in restrictive housing, the reason for such restriction or
placement, and the circumstances under which each incident
occurred, including the duration of time in restrictive
housing, during--
(A) pregnancy;
(B) labor;
(C) delivery;
(D) postpartum recovery; and
(E) the 6-month period after delivery; and
(8) the disposition of the custody of the infant post-
delivery.
(b) In Custody Pregnant Women.--Beginning not later than 1 year
after the date of enactment of this Act, the Director of the Office of
Homeland Security Statistics and the Director of the Office of Refugee
Resettlement shall publish on the internet website of the Department of
Homeland Security and the Department of Health and Human Services, as
applicable, the statistics relating to the health needs of pregnant
women in custody of the Secretary of Homeland Security or the Secretary
of Health and Human Services, as applicable.
(c) Personally Identifiable Information.--Data collected under this
section may not contain any personally identifiable information of any
incarcerated pregnant woman or woman in postpartum recovery.
SEC. 4. FAMILY UNITY.
(a) In General.--The Director of the Bureau of Prisons, Secretary
of Homeland Security, or the Director of the Office of Refugee
Resettlement, as applicable, shall ensure that appropriate nursery or
residential services and programs, as described in subsection (b), are
provided to women in custody. The warden of each covered facility that
houses women shall ensure that these services and programs are
implemented for women in custody at that facility.
(b) Nursery or Residential Services and Programs.--The services and
programs described in this subsection are the following:
(1) Programs that enable a mother and infant to remain
together after delivery.
(2) Programs that permit regular mother-infant contact
periods based on the mother's request.
(3) Programs that provide lactation support, including:
(A) lactation counseling sessions;
(B) physical tools and equipment to assist with
lactation; and
(C) any other support recommended by a physician
attending the woman in custody.
(c) Requirement.--The Director of the Bureau of Prisons, Secretary
of Homeland Security, or the Director of the Office of Refugee
Resettlement, as applicable, shall ensure a minimum bonding time of 60
minutes between a mother and newborn.
SEC. 5. CARE FOR FEDERALLY INCARCERATED WOMEN RELATED TO PREGNANCY AND
CHILDBIRTH.
(a) In General.--The Director of the Bureau of Prisons, Secretary
of Homeland Security, or the Director of the Office of Refugee
Resettlement, as applicable, shall ensure that appropriate services and
programs, as described in subsection (b), are provided to women in
custody, to address the health and safety needs of such women related
to pregnancy and childbirth. The warden of each covered facility that
houses women shall ensure that these services and programs are
implemented for women in custody at that facility.
(b) Services and Programs Provided.--The services and programs
described in this subsection are the following:
(1) Access to complete appropriate health services for the
life cycle of women.--The Director of the Bureau of Prisons,
Secretary of Homeland Security, or the Director of the Office
of Refugee Resettlement, as applicable, shall ensure that each
woman of reproductive age in custody at a Bureau of Prisons
facility--
(A) has access to contraception and testing for
pregnancy and sexually transmitted diseases, upon
request of any such woman; and
(B) is administered a pregnancy test on the date on
which the woman enters the facility, which the woman
may decline.
(2) Compliance with protocols relating to health of a
pregnant woman.--On confirmation of the pregnancy of a woman in
custody by clinical diagnostics and assessment, the chief
health care professional of the covered facility in which the
woman is housed shall ensure that--
(A) a summary of all appropriate protocols directly
pertaining to the safety and well-being of the woman
are provided to the woman;
(B) such protocols are complied with; and
(C) such protocols include an assessment of undue
safety risks and necessary changes to accommodate the
woman where and when appropriate, as it relates to--
(i) housing or transfer to a lower bunk for
safety reasons;
(ii) appropriate bedding or clothing to
respond to the woman's changing physical
requirements and the temperature in housing
units;
(iii) regular access to water and
bathrooms;
(iv) a diet that--
(I) complies with the nutritional
standards established by the Secretary
of Agriculture and the Secretary of
Health and Human Services in the
Dietary Guidelines for Americans report
published pursuant to section 301(a)(3)
of the National Nutrition Monitoring
and Related Research Act of 1990 (7
U.S.C. 5341(a)(3)); and
(II) includes--
(aa) any appropriate
dietary supplement, including
prenatal vitamins;
(bb) timely and regular
nutritious meals;
(cc) additional caloric
content in meals provided;
(dd) a prohibition on
withholding food from the woman
or serving any food that is
used as a punishment, including
nutraloaf or any food similar
to nutraloaf that is not
considered a nutritious meal;
and
(ee) such other
modifications to the diet of
the woman as the Director of
the Bureau of Prisons,
Secretary of Homeland Security,
or the Director of the Office
of Refugee Resettlement, as
applicable, determines to be
necessary after consultation
with the Secretary of Health
and Human Services and
consideration of such
recommendations as the
Secretary may provide;
(v) modified recreation and transportation,
in accordance with standards within the
obstetrical and gynecological care community,
to prevent overexertion or prolonged periods of
inactivity; and
(vi) such other changes to living
conditions as the Director of the Bureau of
Prisons, Secretary of Homeland Security, or the
Director of the Office of Refugee Resettlement,
as applicable, may require after consultation
with the Secretary of Health and Human Services
and consideration of such recommendations as
the Secretary may provide.
(3) Education and support services.--
(A) Pregnancy in custody.--A woman who is pregnant
at intake or who becomes pregnant while in custody
shall, not later than 14 days after the pregnant woman
notifies a official of a covered facility of the
pregnancy, receive prenatal education, counseling, and
birth support services provided by a provider trained
to provide such services, including--
(i) information about the parental rights
of the woman, including the right to place the
child in kinship care, and notice of the rights
of the child;
(ii) information about family preservation
support services that are available to the
woman;
(iii) information about the nutritional
standards referred to in paragraph (2)(C)(iv);
(iv) information pertaining to the health
and safety risks of pregnancy, childbirth, and
parenting, including postpartum depression;
(v) information on breast-feeding,
lactation, and breast health;
(vi) appropriate educational materials,
resources, and services related to pregnancy,
childbirth, and parenting;
(vii) information and notification services
for incarcerated parents regarding the risk of
debt repayment obligations associated with
their child's participation in social welfare
programs, including assistance under any State
program funded under part A of title IV of the
Social Security Act (42 U.S.C. 601 et seq.) or
benefits under the supplemental nutrition
assistance program, as defined in section 3 of
the Food and Nutrition Act of 2008 (7 U.S.C.
2012), or any State program carried out under
that Act; and
(viii) information from the Office of Child
Support Enforcement of the Department of Health
and Human Services regarding seeking or
modifying child support while incarcerated,
including how to participate in the Bureau of
Prison's Inmate Financial Responsibility
Program under subpart B of part 545 of title
28, Code of Federal Regulations (or any
successor program).
(B) Birth while in custody or prior to custody.--A
woman who, while in custody or during the 6-month
period immediately preceding intake, gave birth or
experienced any other pregnancy outcome shall receive
counseling provided by a licensed or certified provider
trained to provide such services, including--
(i) information about the parental rights
of the woman, including the right to place the
child in kinship care, and notice of the rights
of the child;
(ii) information about family preservation
support services that are available to the
woman; and
(iii) postpartum health conditions.
(4) Evaluations.--
(A) In general.--Each woman in custody who is
pregnant or whose pregnancy results in a birth or any
other pregnancy outcome during the 6-month period
immediately preceding intake or any time in custody
thereafter shall be evaluated as soon as practicable
after intake or confirmation of pregnancy through
evidence-based screening and assessment for substance
use disorders or mental health conditions, including
postpartum depression or depression related to
pregnancy, birth, or any other pregnancy outcome or
early child care.
(B) Risk factors.--Screening under subparagraph (A)
shall include identification of any of the following
risk factors:
(i) An existing mental or physical health
condition or substance use disorder.
(ii) Being underweight or overweight.
(iii) Multiple births or a previous still
birth.
(iv) A history of preeclampsia.
(v) A previous Caesarean section.
(vi) A previous miscarriage.
(vii) Being older than 35 or younger than
15.
(viii) Being diagnosed with the human
immunodeficiency virus, hepatitis, diabetes, or
hypertension.
(ix) Such other risk factors as the chief
health care professional of the Bureau of
Prisons facility that houses the woman may
determine to be appropriate.
(5) Unexpected births rulemaking.--The Director of the
Bureau of Prisons, Secretary of Homeland Security, or the
Director of the Office of Refugee Resettlement, as applicable,
shall provide services to respond to unexpected childbirth
deliveries, labor complications, and medical complications
related to pregnancy if a woman in custody is unable to access
a hospital in a timely manner in accordance with rules
promulgated by the Attorney General, which shall be promulgated
not later than 180 days after the date of enactment of this
Act.
(6) Treatment.--The Director of the Bureau of Prisons shall
use best efforts to provide a woman in custody who is pregnant
and diagnosed with having a substance use disorder or a mental
health disorder with appropriate evidence-based treatment.
(c) Civil Action.--Any person injured by a violation of this
section may bring a civil action in a United States district court
against the Director of the Bureau of Prisons, Secretary of Homeland
Security, or the Director of the Office of Refugee Resettlement, as
applicable, to obtain compensatory damages and injunctive relief or
other equitable relief.
SEC. 6. USE OF RESTRICTIVE HOUSING ON INCARCERATED PREGNANT WOMEN
DURING PREGNANCY, LABOR, AND POSTPARTUM RECOVERY
PROHIBITED.
(a) In General.--Section 4322 of title 18, United States Code, is
amended to read as follows:
``Sec. 4322. Use of restrictive housing on incarcerated women during
the period of pregnancy, labor, and postpartum recovery
prohibited
``(a) Prohibition.--Except as provided in subsection (b), during
the period beginning on the date on which pregnancy is confirmed by a
health care professional and ending not earlier than 12 weeks after
delivery or, longer as determined by a healthcare professional
responsible for the health and safety of the woman in the custody of
the Bureau of Prisons, or in the custody of the United States Marshals
Service pursuant to section 4086, shall not be held in restrictive
housing or be shackled or restrained during pregnancy, labor, or
delivery.
``(b) Exceptions.--
``(1) Restrictive housing.--Subject to paragraph (4), the
prohibition under subsection (a) relating to restrictive
housing shall not apply if the Director of the Bureau of
Prisons or a senior Bureau of Prisons official overseeing
women's health and services, in consultation with senior
officials in health services, makes an individualized
determination that restrictive housing is required as a
temporary response to behavior that poses a serious and
immediate risk of physical harm.
``(2) Review.--The official who makes a determination under
subparagraph (A) shall review such determination daily for the
purpose of removing an incarcerated woman as quickly as
feasible from restrictive housing.
``(3) Restrictive housing plan.--The official who makes a
determination under subparagraph (A) shall develop an
individualized plan to move an incarcerated woman to less
restrictive housing within a reasonable amount of time.
``(4) Prohibition on solitary confinement.--An incarcerated
woman who is placed in restrictive housing under this
subsection may not be placed in solitary confinement if the
incarcerated woman is in her third trimester.
``(c) Reports.--
``(1) Report to directors and health care professional
after placement in restrictive housing.--Not later than 30 days
after the date on which an incarcerated woman is placed in
restrictive housing under subsection (b), the applicable
official identified in subsection (b)(1), correctional officer,
or United States Marshal shall submit to the Director of the
Bureau of Prisons or the Director of the United States Marshals
Service, as applicable, and to the health care professional
responsible for the health and safety of the woman, a written
report which describes the facts and circumstances surrounding
the restrictive housing placement, and includes the following:
``(A) The reasoning upon which the determination
for the placement was made.
``(B) The details of the placement, including
length of time of placement and how frequently and how
many times the determination was made subsequent to the
initial determination to continue the restrictive
housing placement.
``(C) A description of all attempts to use
alternative interventions and sanctions before the
restrictive housing was used.
``(D) Any resulting physical effects on the woman
observed by or reported by the health care professional
responsible for the health and safety of the woman.
``(E) Strategies the facility is putting in place
to identify more appropriate alternative interventions
should a similar situation arise again.
``(2) Report to congress.--Not later than 180 days after
the date of enactment of the Pregnant Women in Custody Act, and
every 180 days thereafter for a period of 10 years, the
Attorney General shall submit to the Committee on the Judiciary
of the Senate and the Committee on the Judiciary of the House
of Representatives a report on the placement of incarcerated
women in restrictive housing under subsection (b), which shall
include the information described in paragraph (1).
``(d) Notice.--Not later than 24 hours after the confirmation of
the pregnancy of an incarcerated woman by a health care professional,
that woman shall be notified, orally and in writing, by an appropriate
health care professional, correctional officer, or United States
Marshal, as applicable--
``(1) of the restrictions on the use of restrictive housing
placements under this section;
``(2) of the right of the incarcerated woman to make a
confidential report of a violation of restrictions on the use
of restrictive housing placement; and
``(3) that the facility staff have been advised of all
rights of the incarcerated woman under subsection (a).
``(e) Violation Reporting Process.--Not later than 180 days after
the date of enactment of the Pregnant Women in Custody Act, the
Director of the Bureau of Prisons and the Director of the United States
Marshals Service shall establish processes through which an
incarcerated person may report a violation of this section.
``(f) Notification of Rights.--The warden of the Bureau of Prisons
facility where a pregnant woman is in custody shall notify necessary
facility staff of the pregnancy and of the rights of the incarcerated
pregnant woman under subsection (a).
``(g) Retaliation.--It shall be unlawful for any Bureau of Prisons
or United States Marshals Service employee to retaliate against an
incarcerated person for reporting under the processes established under
subsection (e) a violation of subsection (a).
``(h) Education.--Not later than 90 days after the date of
enactment of the Pregnant Women in Custody Act, the Director of the
Bureau of Prisons and the Director of the United States Marshals
Service shall each--
``(1) develop education guidelines regarding the physical
and mental health needs of incarcerated pregnant women, and the
use of restrictive housing placements on incarcerated women
during the period of pregnancy, labor, and postpartum recovery;
and
``(2) incorporate such guidelines into appropriate
education programs.
``(i) Civil Action.--Any person injured by a violation of this
section may bring a civil action in a United States district court
against the Director of the Bureau of Prisons or the Director of the
United States Marshals Service, as applicable, to obtain compensatory
damages and injunctive relief or other equitable relief.
``(j) Definition.--In this section, the term `restrictive housing'
means any type of detention that involves--
``(1) removal from the general inmate population, whether
voluntary or involuntary;
``(2) placement in a locked room or cell, whether alone or
with another inmate; and
``(3) inability to leave the room or cell for the vast
majority of the day.''.
(b) Clerical Amendment.--The table of sections for chapter 317 of
title 18, United States Code, is amended by striking the item relating
to section 4322 and inserting the following:
``4322. Use of restrictive housing on incarcerated women during the
period of pregnancy, labor, and postpartum
recovery prohibited.''.
SEC. 7. USE OF RESTRICTIVE HOUSING ON INCARCERATED PREGNANT WOMEN
DURING PREGNANCY, LABOR, AND POSTPARTUM RECOVERY
PROHIBITED IN THE CUSTODY OF SECRETARY OF HOMELAND
SECURITY.
Chapter 9 of title II of the Immigration and Nationality Act (8
U.S.C. 1351 et seq.) is amended by adding at the end the following:
``SEC. 295. USE OF RESTRICTIVE HOUSING ON INCARCERATED WOMEN DURING THE
PERIOD OF PREGNANCY, LABOR, AND POSTPARTUM RECOVERY
PROHIBITED.
``(a) Prohibition.--Except as provided in subsection (b), during
the period beginning on the date on which pregnancy is confirmed by a
health care professional and ending not earlier than 12 weeks after
delivery or longer as determined by the healthcare professional
responsible for the health and safety of the woman in the custody of
the U.S. Customs and Border Protection or incarcerated, detained, or
sheltered by the U.S. Immigration and Customs Enforcement or the Office
of Refugee Resettlement of the Department of Health and Human Service,
shall not be held in restrictive housing or be shackled or restrained
during pregnancy, labor, or delivery.
``(b) Exceptions.--
``(1) Restrictive housing.--Subject to paragraph (4), the
prohibition under subsection (a) relating to restrictive
housing shall not apply if the official overseeing women's
health and services, in consultation with senior officials in
health services, makes an individualized determination that
restrictive housing is required as a temporary response to
behavior that poses a serious and immediate risk of physical
harm.
``(2) Review.--The official who makes a determination under
subparagraph (A) shall review such determination daily for the
purpose of removing a woman as quickly as feasible from
restrictive housing.
``(3) Restrictive housing plan.--The official who makes a
determination under subparagraph (A) shall develop an
individualized plan to move a woman to less restrictive housing
within a reasonable amount of time.
``(4) Prohibition on solitary confinement.--An woman who is
placed in restrictive housing under this subsection may not be
placed in solitary confinement if the incarcerated woman is in
her third trimester.
``(c) Reports.--
``(1) Report to directors and health care professional
after placement in restrictive housing.--Not later than 30 days
after the date on which a woman is placed in restrictive
housing under subsection (b), the applicable official
identified in subsection (b)(1) shall submit to the health care
professional responsible for the health and safety of the
woman, a written report which describes the facts and
circumstances surrounding the restrictive housing placement,
and includes the following:
``(A) The reasoning upon which the determination
for the placement was made.
``(B) The details of the placement, including
length of time of placement and how frequently and how
many times the determination was made subsequent to the
initial determination to continue the restrictive
housing placement.
``(C) A description of all attempts to use
alternative interventions and sanctions before the
restrictive housing was used.
``(D) Any resulting physical effects on the woman
observed by or reported by the health care professional
responsible for the health and safety of the woman.
``(E) Strategies the facility is putting in place
to identify more appropriate alternative interventions
should a similar situation arise again.
``(2) Report to congress.--Not later than 180 days after
the date of enactment of the Pregnant Women in Custody Act, and
every 180 days thereafter for a period of 10 years, the
Secretary of Homeland Security and the Secretary of Health and
Human Services shall submit to the Committee on the Judiciary
of the Senate and the Committee on the Judiciary of the House
of Representatives a report on the placement of women in
restrictive housing under subsection (b), which shall include
the information described in paragraph (1).
``(d) Notice.--Not later than 24 hours after the confirmation of
the pregnancy of a woman by a health care professional, that woman
shall be notified, orally and in writing, by the health care
professional, as applicable--
``(1) of the restrictions on the use of restrictive housing
placements under this section;
``(2) of the right of the woman to make a confidential
report of a violation of restrictions on the use of restrictive
housing placement; and
``(3) that the facility staff have been advised of all
rights of the woman under subsection (a).
``(e) Violation Reporting Process.--Not later than 180 days after
the date of enactment of the Pregnant Women in Custody Act, the
Secretary of Homeland Security and the Secretary of Health and Human
Services shall establish processes through which an incarcerated person
may report a violation of this section.
``(f) Notification of Rights.--The warden of a facility where a
pregnant woman is in custody shall notify necessary facility staff of
the pregnancy and of the rights of the pregnant woman under subsection
(a).
``(g) Retaliation.--It shall be unlawful for any employee of a
facility where a pregnant woman is in custody to retaliate against a
person for reporting under the processes established under subsection
(e) a violation of subsection (a).
``(h) Education.--Not later than 90 days after the date of
enactment of the Pregnant Women in Custody Act, the Secretary of
Homeland Security and the Secretary of Health and Human Services shall
each--
``(1) develop education guidelines regarding the physical
and mental health needs of in custody pregnant women, and the
use of restrictive housing placements on women during the
period of pregnancy, labor, and postpartum recovery; and
``(2) incorporate such guidelines into appropriate
education programs.
``(i) Civil Action.--Any person injured by a violation of this
section may bring a civil action in a United States district court
against the Secretary of Homeland Security and the Secretary of Health
and Human Services, as applicable, to obtain compensatory damages and
injunctive relief or other equitable relief.
``(j) Definition.--In this section, the term `restrictive housing'
means any type of detention that involves--
``(1) removal from the general inmate population, whether
voluntary or involuntary;
``(2) placement in a locked room or cell, whether alone or
with another inmate; and
``(3) inability to leave the room or cell for the vast
majority of the day.''.
SEC. 8. TREATMENT OF WOMEN WITH HIGH-RISK PREGNANCIES.
(a) In General.--Chapter 303 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 4052. Treatment of incarcerated pregnant women
``(a) High-Risk Pregnancy Health Care.--The Director of the Bureau
of Prisons shall ensure that each incarcerated pregnant woman receives
an evaluation to determine if the pregnancy is high-risk and, if so,
receives healthcare appropriate for a high-risk pregnancy, including
obstetrical and gynecological care, during pregnancy and postpartum
recovery.
``(b) High-Risk Pregnancies.--
``(1) In general.--The Director of the Bureau of Prisons
shall transfer to a Residential Reentry Center with adequate
health care during her pregnancy and postpartum recovery any
incarcerated woman who--
``(A) is determined by a health care professional
to have a high-risk pregnancy; and
``(B) agrees to be transferred.
``(2) Priority.--The Residential Reentry Center to which an
incarcerated pregnant woman is transferred under paragraph (1)
shall, to the extent practicable, be in a geographical location
that is close to the family members of the incarcerated
pregnant woman.
``(3) Transportation.--To transport an incarcerated
pregnant woman to a Residential Reentry Center, the Director of
the Bureau of Prisons shall provide to the woman a mode of
transportation that a healthcare professional has determined to
be safe for transporting the pregnant woman.
``(4) Service of sentence.--Any time accrued at a
Residential Reentry Center or alternative housing as a result
of a transfer made under this section shall be credited toward
service of the incarcerated pregnant woman's sentence.
``(c) Civil Action.--Any person injured by a violation of this
section may bring a civil action in a United States district court
against the Director of the Bureau of Prisons to obtain compensatory
damages and injunctive relief or other equitable relief.
``(d) Definitions.--In this section:
``(1) Health care professional.--The term `health care
professional' means--
``(A) a doctor of medicine or osteopathy who is
authorized to diagnose and treat physical or mental
health conditions under the laws of the State in which
the doctor practices and where the facility is located;
``(B) any physician's assistant or nurse
practitioner who is supervised by a doctor of medicine
or osteopathy described in subparagraph (A); or
``(C) any other person determined by the Director
of the Bureau of Prisons to be capable of providing
health care services.
``(2) High-risk pregnancy.--The term `high-risk pregnancy'
means, with respect to an incarcerated woman, that the
pregnancy threatens the health or life of the woman or
pregnancy, as determined by a health care professional.
``(3) Postpartum recovery.--The term `postpartum recovery'
means the 3-month period beginning on the date on which an
incarcerated pregnant woman gives birth, or longer as
determined by a health care professional following delivery,
and shall include the entire period that the incarcerated
pregnant woman is in the hospital or infirmary.
``(4) Residential reentry center.--The term `Residential
Reentry Center' means a Bureau of Prisons contracted
residential reentry center.''.
(b) Conforming Amendment.--The table of sections for chapter 303 of
title 18, United States Code, is amended by adding at the end the
following:
``4052. Treatment of incarcerated pregnant women.''.
SEC. 9. REPORTING REQUIREMENT REGARDING CLAIMS FILED BY PREGNANT
INMATES.
The Director of the Bureau of Prisons shall make publicly available
on the website of the Federal Bureau of Prisons on an annual basis the
following information:
(1) The total number of Administrative Remedy appeals
related to pregnant inmates that were filed during the previous
year.
(2) The total number of institution-level Requests for
Administrative Remedy related to pregnant inmates that were
filed during the previous year.
(3) The total number of informal requests for
administrative remedy related to pregnant inmates that were
filed during the previous year.
(4) The total number of requests or appeals related to
pregnant inmates during the previous year that were not
resolved before the inmate gave birth or that were mooted
because the inmate's pregnancy ended.
(5) The average amount of time that each category of
request or appeal took to resolve during the previous year.
(6) The shortest and longest amounts of time that a request
or appeal in each category that was resolved in the last year
took to resolve.
SEC. 10. EDUCATION AND TECHNICAL ASSISTANCE.
(a) National Institute of Corrections.--The Director of the
National Institute of Corrections shall provide education and technical
assistance, in conjunction with the appropriate public agencies, at
State and local correctional facilities that house women and facilities
in which incarcerated women go into labor and give birth, in order to
educate the employees of such facilities, including health personnel,
on the dangers and potential mental health consequences associated with
the use of restrictive housing and restraints on incarcerated women
during pregnancy, labor, and postpartum recovery, and on alternatives
to the use of restraints and restrictive housing placement.
(b) Secretary of Homeland Security.--The Secretary of Homeland
Security and Secretary of Health and Human Services shall provide the
education and technical assistance described in subsection (a) to
relevant facilities that house women in custody of the U.S. Customs and
Border Protection or incarcerated, detained, or sheltered by the U.S.
Immigration and Customs Enforcement or the Office of Refugee
Resettlement of the Department of Health and Human Services.
SEC. 11. BUREAU OF PRISONS STAFF AND UNITED STATES MARSHALS TRAINING.
(a) Bureau of Prisons Training.--
(1) In general.--
(A) Initial training.--Not later than 180 days
after the date of enactment of this Act, the Director
of the Bureau of Prisons shall provide training to
carry out the requirements of this Act and the
amendments made by this Act to each correctional
officer at any Bureau of Prisons facility that houses
women who is employed on the date of enactment of this
Act.
(B) Subsequent training.--After the initial
training provided under subparagraph (A), the Director
of the Bureau of Prisons shall provide training to
carry out the requirements of this Act and the
amendments made by this Act twice each year to each
correctional officer at any Bureau of Prisons facility
that houses women.
(2) New hires.--
(A) Definition.--In this paragraph, the term
``covered new correctional officer'' means an
individual appointed to a position as a correctional
officer at a Bureau of Prisons facility that houses
women on or after the date that is 180 days after the
date of enactment of this Act.
(B) Training.--The Director of the Bureau of
Prisons shall train each covered new correctional
officer to carry out the requirements of this Act and
the amendments made by this Act not later than 30 days
after the date on which the covered new correctional
officer is appointed.
(b) United States Marshals Training.--
(1) In general.--On and after the date that is 180 days
after the date of enactment of this Act, the Director of the
United States Marshals Service shall ensure that each Deputy
United States Marshal has received training pursuant to the
guidelines described in subsection (c).
(2) New hires.--
(A) Definition.--In this paragraph, the term ``new
Deputy United States Marshal'' means an individual
appointed to a position as a Deputy United States
Marshal after the date of enactment of this Act.
(B) Training.--Not later than 30 days after the
date on which a new Deputy United States Marshal is
appointed, the new Deputy United States Marshal shall
receive training pursuant to the guidelines described
in subsection (c).
(c) Guidelines.--
(1) In general.--The Director of the Bureau of Prisons and
the United States Marshals Service shall each develop
guidelines on the treatment of incarcerated women during
pregnancy, labor, and postpartum recovery and incorporate such
guidelines in the training required under this section.
(2) Detention facilities.--The Secretary of Homeland
Security and Secretary of Health and Human Services, as
applicable, shall develop guidelines on the treatment of women
in the custody of U.S. Customs and Border Protection, U.S.
Immigration and Customs Enforcement, or Office of Refugee
Resettlement of the Department of Health and Human during
pregnancy, labor, and postpartum recovery and incorporate such
guidelines in the training required under this section.
(3) Contents.--The guidelines developed under paragraphs
(1) and (2) shall include guidance on--
(A) the transportation of incarcerated pregnant
women;
(B) housing of incarcerated pregnant women;
(C) nutritional requirements for incarcerated
pregnant women; and
(D) the right of a health care professional to
request that restraints not be used.
(d) Detention Facilities.--The Secretary of Homeland Security shall
take such actions as necessary to ensure that equivalent training as
the training described under subsection (a) shall be provided to
employees of a covered facility that houses women.
SEC. 12. GAO STUDY ON STATE AND LOCAL CORRECTIONAL FACILITIES.
The Comptroller General of the United States shall conduct a study
of services and protections provided for pregnant incarcerated women in
a covered facility and local and State correctional settings,
including--
(1) policies on--
(A) obstetrical and gynecological care;
(B) education on nutritional issues and health and
safety risks associated with pregnancy;
(C) mental health and substance use treatment;
(D) access to prenatal and post-delivery support
services and programs; and
(E) the use of restraints and restrictive housing
placement; and
(2) the extent to which the intent of such policies is
fulfilled.
SEC. 13. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the House Budget Committee, provided that
such statement has been submitted prior to the vote on passage.
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