What This Bill Does
This bill requires the federal Bureau of Prisons to provide healthcare services to pregnant women in custody related to pregnancy and childbirth. The bill also prohibits federal prisons from placing pregnant women in restrictive housing (isolated confinement) during pregnancy, labor, and recovery after birth. It establishes data collection requirements to track how pregnant incarcerated women are treated.
##
Who It Affects
- Pregnant women held in federal prisons or by the U.S. Marshals Service
- Women in federal custody before or after giving birth
- Federal Bureau of Prisons staff and U.S. Marshals Service employees
- State and local correctional facilities (for education and study purposes only)
- The Bureau of Justice Statistics and the National Institute of Corrections
##
Key Provisions
- The Bureau of Prisons must provide pregnant women with prenatal care, delivery services, postpartum health check-ups, education about pregnancy and parenting, mental health screening, and substance use treatment within specific timeframes (Sec. 4)
- Federal prisons cannot place pregnant women in restrictive housing during pregnancy, labor, delivery, and for at least 12 weeks after delivery, except temporarily if the woman poses serious immediate physical danger. Women in their third trimester cannot be placed in solitary confinement even under exceptions (Sec. 5)
- Women determined to have high-risk pregnancies may be transferred to a Residential Reentry Center (a less secure facility with healthcare) if they agree, and this time counts toward their sentence (Sec. 6)
- Beginning within one year of the law's enactment, the Bureau of Justice Statistics must collect data on pregnant incarcerated women including their demographics, pregnancy care provided, hospital locations, and use of restrictive housing (Sec. 3)
- The Bureau of Prisons and U.S. Marshals Service must train correctional officers and deputy marshals within 180 days on treating pregnant women properly and must repeat training twice yearly (Sec. 9)
##
What Changes
If this becomes law, pregnant women in federal custody will receive required healthcare services and mental health screening they may not currently receive. Federal prisons will be prohibited from isolating pregnant women except in rare circumstances with documented review. Pregnant women with high-risk pregnancies will have the option to transfer to less restrictive facilities. Staff will receive mandatory training on treating pregnant incarcerated women. The federal government will begin collecting detailed statistics on how pregnant women are treated in custody.
##
Important Definitions
- **In custody**: Being under supervision of a federal, state, tribal, or local correctional facility, including pretrial, juvenile, medical, or mental health facilities and contracted facilities (Sec. 2)
- **Restrictive housing**: Any detention involving removal from the general inmate population, placement in a locked room or cell alone or with others, and inability to leave for the vast majority of the day (Sec. 5)
- **Postpartum recovery**: The 3-month period beginning when an incarcerated pregnant woman gives birth, or longer as determined by a health care professional, including time in the hospital (Sec. 6)
- **High-risk pregnancy**: A pregnancy that threatens the health or life of the woman or pregnancy, as determined by a healthcare professional (Sec. 6)
- **Other pregnancy outcome**: A pregnancy ending in stillbirth, miscarriage, or ectopic pregnancy (Sec. 2)
##
Effective Date
Not specified in bill text. Various provisions have different timelines: data collection begins within one year of enactment, training occurs within 180 days, and some rules must be created within 180 days. The restrictive housing prohibition takes effect upon enactment.
I
118TH CONGRESS
1ST SESSION
H. R. 982
To address the health needs of incarcerated women related to pregnancy
and childbirth, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 10, 2023
Ms. KAMLAGER-DOVE (for herself and Mrs. LESKO) introduced the following
bill; which was referred to the Committee on the Judiciary, and in addi-
tion to the Committee on the Budget, for a period to be subsequently de-
termined 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 Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Pregnant Women in
4
Custody Act’’.
5
SEC. 2. DEFINITIONS.
6
In this Act:
7
(1) IN CUSTODY.—The term ‘‘in custody’’, with
8
respect to an individual, means that the individual is
9
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•HR 982 IH
under the supervision of a Federal, State, Tribal, or
1
local correctional facility, including a pretrial, juve-
2
nile, medical, or mental health facility and a facility
3
operated under a contract with the Federal Govern-
4
ment or a State, Tribal, or local government.
5
(2) OTHER PREGNANCY OUTCOME.—The term
6
‘‘other pregnancy outcome’’ means a pregnancy that
7
ends in stillbirth, miscarriage, or ectopic pregnancy.
8
(3)
POSTPARTUM
RECOVERY.—The
term
9
‘‘postpartum recovery’’ has the meaning given that
10
term in section 4051(c) of title 18, United States
11
Code, as added by this Act.
12
(4)
RESTRAINTS.—The
term
‘‘restraints’’
13
means any physical or mechanical device used to
14
control the movement of an incarcerated pregnant
15
woman’s body, limbs, or both.
16
(5) RESTRICTIVE
HOUSING.—The term ‘‘re-
17
strictive housing’’ has the meaning given that term
18
in section 4322 of title 18, United States Code, as
19
added by this Act.
20
SEC. 3. DATA COLLECTION.
21
(a) IN GENERAL.—Beginning not later than 1 year
22
after the date of enactment of this Act, pursuant to the
23
authority under section 302 of title I of the Omnibus
24
Crime Control and Safe Streets Act of 1968 (34 U.S.C.
25
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•HR 982 IH
10132), the Director of the Bureau of Justice Statistics
1
shall include in the National Prisoner Statistics Program
2
and Annual Survey of Jails statistics relating to the health
3
needs of incarcerated pregnant women in the criminal jus-
4
tice system at the Federal, State, Tribal, and local levels,
5
including—
6
(1) demographic and other information about
7
incarcerated women who are pregnant, in labor, or
8
in postpartum recovery, including the race, ethnicity,
9
and age of the woman;
10
(2) the provision of pregnancy care and services
11
provided for such women, including—
12
(A) whether prenatal, delivery, and post-
13
delivery check-up visits were scheduled and pro-
14
vided;
15
(B) whether a social worker, psychologist,
16
doula or other support person was offered and
17
provided during pregnancy and delivery and
18
post-delivery;
19
(C) whether a pregnancy or parenting pro-
20
gram was offered and provided during preg-
21
nancy;
22
(D) whether a nursery or residential pro-
23
gram to keep mothers and infants together
24
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•HR 982 IH
post-delivery was offered and whether such a
1
nursery or residential program was provided;
2
(E) the number of days the mother stayed
3
in the hospital post-delivery;
4
(F) the number of days the infant re-
5
mained with the mother post-delivery; and
6
(G) the number of days the infant re-
7
mained in the hospital after the mother was
8
discharged;
9
(3) the location of the nearest hospital with a
10
licensed obstetrician-gynecologist in proximity to
11
where the incarcerated pregnant woman is housed
12
and the length of travel required to transport the
13
woman;
14
(4) whether a written policy or protocol is in
15
place—
16
(A) to respond to unexpected childbirth,
17
labor, deliveries, or medical complications re-
18
lated to the pregnancies of incarcerated preg-
19
nant women; and
20
(B) for incarcerated pregnant women expe-
21
riencing labor or medical complications related
22
to pregnancy outside of a hospital;
23
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(5) the number of incarcerated women who are
1
determined by a health care professional to have a
2
high-risk pregnancy;
3
(6) the total number of incarcerated pregnant
4
women and the number of incarcerated women who
5
became pregnant while incarcerated;
6
(7) the number of incidents in which an incar-
7
cerated woman who is pregnant, in labor, or in
8
postpartum recovery is placed in restrictive housing,
9
the reason for such restriction or placement, and the
10
circumstances under which each incident occurred,
11
including the duration of time in restrictive housing,
12
during—
13
(A) pregnancy;
14
(B) labor;
15
(C) delivery;
16
(D) postpartum recovery; and
17
(E) the 6-month period after delivery; and
18
(8) the disposition of the custody of the infant
19
post-delivery.
20
(b) PERSONALLY IDENTIFIABLE INFORMATION.—
21
Data collected under this section may not contain any per-
22
sonally identifiable information of any incarcerated preg-
23
nant woman or woman in postpartum recovery.
24
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SEC. 4. CARE FOR FEDERALLY INCARCERATED WOMEN RE-
1
LATED TO PREGNANCY AND CHILDBIRTH.
2
(a) IN GENERAL.—The Director of the Bureau of
3
Prisons shall ensure that appropriate services and pro-
4
grams, as described in subsection (b), are provided to
5
women in custody, to address the health and safety needs
6
of such women related to pregnancy and childbirth. The
7
warden of each Bureau of Prisons facility that houses
8
women shall ensure that these services and programs are
9
implemented for women in custody at that facility.
10
(b) SERVICES AND PROGRAMS PROVIDED.—The serv-
11
ices and programs described in this subsection are the fol-
12
lowing:
13
(1)
ACCESS
TO
COMPLETE
APPROPRIATE
14
HEALTH
SERVICES
FOR
THE
LIFE
CYCLE
OF
15
WOMEN.—The Director of the Bureau of Prisons
16
shall ensure that each woman of reproductive age in
17
custody at a Bureau of Prisons facility—
18
(A) has access to contraception and testing
19
for pregnancy and sexually transmitted dis-
20
eases, upon request of any such woman; and
21
(B) is administered a pregnancy test on
22
the date on which the woman enters the facility,
23
which the woman may decline.
24
(2) COMPLIANCE WITH PROTOCOLS RELATING
25
TO HEALTH OF A PREGNANT WOMAN.—On confirma-
26
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•HR 982 IH
tion of the pregnancy of a woman in custody by clin-
1
ical diagnostics and assessment, the chief health
2
care professional of the Bureau of Prisons facility in
3
which the woman is housed shall ensure that—
4
(A) a summary of all appropriate protocols
5
directly pertaining to the safety and well-being
6
of the woman are provided to the woman;
7
(B) such protocols are complied with; and
8
(C) such protocols include an assessment
9
of undue safety risks and necessary changes to
10
accommodate the woman where and when ap-
11
propriate, as it relates to—
12
(i) housing or transfer to a lower
13
bunk for safety reasons;
14
(ii) appropriate bedding or clothing to
15
respond to the woman’s changing physical
16
requirements and the temperature in hous-
17
ing units;
18
(iii) regular access to water and bath-
19
rooms;
20
(iv) a diet that—
21
(I) complies with the nutritional
22
standards established by the Secretary
23
of Agriculture and the Secretary of
24
Health and Human Services in the
25
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•HR 982 IH
Dietary Guidelines for Americans re-
1
port published pursuant to section
2
301(a)(3) of the National Nutrition
3
Monitoring and Related Research Act
4
of 1990 (7 U.S.C. 5341(a)(3)); and
5
(II) includes—
6
(aa) any appropriate dietary
7
supplement, including prenatal
8
vitamins;
9
(bb) timely and regular nu-
10
tritious meals;
11
(cc) additional caloric con-
12
tent in meals provided;
13
(dd) a prohibition on with-
14
holding food from the woman or
15
serving any food that is used as
16
a
punishment,
including
17
nutraloaf or any food similar to
18
nutraloaf that is not considered a
19
nutritious meal; and
20
(ee) such other modifications
21
to the diet of the woman as the
22
Director of the Bureau of Pris-
23
ons determines to be necessary
24
after consultation with the Sec-
25
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•HR 982 IH
retary of Health and Human
1
Services and consideration of
2
such recommendations as the
3
Secretary may provide;
4
(v) modified recreation and transpor-
5
tation, in accordance with standards within
6
the obstetrical and gynecological care com-
7
munity, to prevent overexertion or pro-
8
longed periods of inactivity; and
9
(vi) such other changes to living con-
10
ditions as the Director of the Bureau of
11
Prisons may require after consultation
12
with the Secretary of Health and Human
13
Services and consideration of such rec-
14
ommendations as the Secretary may pro-
15
vide.
16
(3) EDUCATION AND SUPPORT SERVICES.—
17
(A) PREGNANCY IN CUSTODY.—A woman
18
who is pregnant at intake or who becomes preg-
19
nant while in custody shall, not later than 14
20
days after the pregnant woman notifies a Bu-
21
reau of Prisons official of the pregnancy, re-
22
ceive prenatal education, counseling, and birth
23
support services provided by a provider trained
24
to provide such services, including—
25
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(i) information about the parental
1
rights of the woman, including the right to
2
place the child in kinship care, and notice
3
of the rights of the child;
4
(ii) information about family preserva-
5
tion support services that are available to
6
the woman;
7
(iii) information about the nutritional
8
standards
referred
to
in
paragraph
9
(2)(C)(iv);
10
(iv) information pertaining to the
11
health and safety risks of pregnancy, child-
12
birth, and parenting, including postpartum
13
depression;
14
(v) information on breast-feeding, lac-
15
tation, and breast health;
16
(vi) appropriate educational materials,
17
resources, and services related to preg-
18
nancy, childbirth, and parenting;
19
(vii) information and notification serv-
20
ices for incarcerated parents regarding the
21
risk of debt repayment obligations associ-
22
ated with their child’s participation in so-
23
cial welfare programs, including assistance
24
under any State program funded under
25
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•HR 982 IH
part A of title IV of the Social Security
1
Act (42 U.S.C. 601 et seq.) or benefits
2
under the supplemental nutrition assist-
3
ance program, as defined in section 3 of
4
the Food and Nutrition Act of 2008 (7
5
U.S.C. 2012), or any State program car-
6
ried out under that Act; and
7
(viii) information from the Office of
8
Child Support Enforcement of the Depart-
9
ment of Health and Human Services re-
10
garding seeking or modifying child support
11
while incarcerated, including how to par-
12
ticipate in the Bureau of Prison’s Inmate
13
Financial Responsibility Program under
14
subpart B of part 545 of title 28, Code of
15
Federal Regulations (or any successor pro-
16
gram).
17
(B) BIRTH WHILE IN CUSTODY OR PRIOR
18
TO CUSTODY.—A woman who, while in custody
19
or during the 6-month period immediately pre-
20
ceding intake, gave birth or experienced any
21
other pregnancy outcome shall receive coun-
22
seling provided by a licensed or certified pro-
23
vider trained to provide such services, includ-
24
ing—
25
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•HR 982 IH
(i) information about the parental
1
rights of the woman, including the right to
2
place the child in kinship care, and notice
3
of the rights of the child;
4
(ii) information about family preserva-
5
tion support services that are available to
6
the woman; and
7
(iii) postpartum health conditions.
8
(4) EVALUATIONS.—
9
(A) IN GENERAL.—Each woman in custody
10
who is pregnant or whose pregnancy results in
11
a birth or any other pregnancy outcome during
12
the 6-month period immediately preceding in-
13
take or any time in custody thereafter shall be
14
evaluated as soon as practicable after intake or
15
confirmation of pregnancy through evidence-
16
based screening and assessment for substance
17
use disorders or mental health conditions, in-
18
cluding postpartum depression or depression re-
19
lated to pregnancy, birth, or any other preg-
20
nancy outcome or early child care.
21
(B) RISK FACTORS.—Screening under sub-
22
paragraph (A) shall include identification of
23
any of the following risk factors:
24
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(i) An existing mental or physical
1
health condition or substance use disorder.
2
(ii) Being underweight or overweight.
3
(iii) Multiple births or a previous still
4
birth.
5
(iv) A history of preeclampsia.
6
(v) A previous Caesarean section.
7
(vi) A previous miscarriage.
8
(vii) Being older than 35 or younger
9
than 15.
10
(viii) Being diagnosed with the human
11
immunodeficiency virus, hepatitis, diabetes,
12
or hypertension.
13
(ix) Such other risk factors as the
14
chief health care professional of
[Text truncated for display. Full text available on Congress.gov.]