Justice for Incarcerated Moms Act

II 117TH CONGRESS 1ST SESSION S. 341 To provide justice for incarcerated moms, and for other purposes. IN THE SENATE OF THE UNITED STATES FEBRUARY 22, 2021 Mr. BOOKER (for himself, Mr. DURBIN, and Ms. HIRONO) introduced the fol- lowing bill; which was read twice and referred to the Committee on the Judiciary A BILL To provide justice for incarcerated moms, 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 ‘‘Justice for Incarcer- 4 ated Moms Act’’. 5 SEC. 2. ENDING THE SHACKLING OF PREGNANT INDIVID- 6 UALS. 7 (a) IN GENERAL.—Beginning on the date that is 6 8 months after the date of enactment of this Act, and annu- 9 ally thereafter, in each State that receives a grant under 10 VerDate Sep 11 2014 02:45 Mar 02, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S341.IS S341 kjohnson on DSK79L0C42PROD with BILLS 2 •S 341 IS subpart 1 of part E of title I of the Omnibus Crime Con- 1 trol and Safe Streets Act of 1968 (34 U.S.C. 10151 et 2 seq.) (commonly referred to as the ‘‘Edward Byrne Memo- 3 rial Justice Grant Program’’) and that does not have in 4 effect throughout the State for such fiscal year laws re- 5 stricting the use of restraints on pregnant individuals in 6 prison that are substantially similar to the rights, proce- 7 dures, requirements, effects, and penalties set forth in sec- 8 tion 4322 of title 18, United States Code, the amount of 9 such grant that would otherwise be allocated to such State 10 under such subpart for the fiscal year shall be decreased 11 by 25 percent. 12 (b) REALLOCATION.—Amounts not allocated to a 13 State for failure to comply with subsection (a) shall be 14 reallocated in accordance with subpart 1 of part E of title 15 I of the Omnibus Crime Control and Safe Streets Act of 16 1968 (34 U.S.C. 10151 et seq.) to States that have com- 17 plied with such subsection. 18 SEC. 3. CREATING MODEL PROGRAMS FOR THE CARE OF 19 INCARCERATED INDIVIDUALS IN THE PRE- 20 NATAL AND POSTPARTUM PERIODS. 21 (a) ESTABLISHMENT.— 22 (1) IN GENERAL.—Not later than 1 year after 23 the date of enactment of this Act, the Attorney Gen- 24 eral, acting through the Director of the Bureau of 25 VerDate Sep 11 2014 02:45 Mar 02, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S341.IS S341 kjohnson on DSK79L0C42PROD with BILLS 3 •S 341 IS Prisons, shall establish, in not fewer than 6 Bureau 1 of Prisons facilities, programs to optimize maternal 2 health outcomes for pregnant and postpartum indi- 3 viduals incarcerated in such facilities. 4 (2) REQUIRED CONSULTATION.—The Attorney 5 General shall establish the programs authorized 6 under paragraph (1) in consultation with stake- 7 holders such as— 8 (A) relevant community-based organiza- 9 tions, particularly organizations that represent 10 incarcerated and formerly incarcerated individ- 11 uals and organizations that seek to improve ma- 12 ternal health outcomes for pregnant and 13 postpartum individuals from racial and ethnic 14 minority groups; 15 (B) relevant organizations representing pa- 16 tients, with a particular focus on patients from 17 racial and ethnic minority groups; 18 (C) organizations representing maternity 19 care providers and maternal health care edu- 20 cation programs; 21 (D) perinatal health workers; and 22 (E) researchers and policy experts in fields 23 related to maternal health care for incarcerated 24 individuals. 25 VerDate Sep 11 2014 02:45 Mar 02, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S341.IS S341 kjohnson on DSK79L0C42PROD with BILLS 4 •S 341 IS (b) START DATE.—Each facility selected under sub- 1 section (a) shall begin facility programs not later than 18 2 months after the date of enactment of this Act. 3 (c) FACILITY PRIORITY.—In carrying out subsection 4 (a), the Director shall give priority to a facility based on— 5 (1) the number of pregnant and postpartum in- 6 dividuals incarcerated in such facility and, among 7 such individuals, the number of pregnant and 8 postpartum individuals from racial and ethnic mi- 9 nority groups; and 10 (2) the extent to which the leaders of such facil- 11 ity have demonstrated a commitment to developing 12 exemplary programs for pregnant and postpartum 13 individuals incarcerated in such facility. 14 (d) PROGRAM DURATION.—The programs established 15 under this section shall be for a 5-year period. 16 (e) PROGRAMS.—Bureau of Prisons facilities selected 17 by the Director shall establish programs for pregnant and 18 postpartum incarcerated individuals, and such pro- 19 grams— 20 (1) may— 21 (A) provide access to perinatal health 22 workers from pregnancy through the 23 postpartum period; 24 VerDate Sep 11 2014 02:45 Mar 02, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S341.IS S341 kjohnson on DSK79L0C42PROD with BILLS 5 •S 341 IS (B) provide access to healthy foods and 1 counseling on nutrition, recommended activity 2 levels, and safety measures throughout preg- 3 nancy; 4 (C) train correctional officers to ensure 5 that pregnant incarcerated individuals receive 6 safe and respectful treatment; 7 (D) train medical personnel to ensure that 8 pregnant incarcerated individuals receive trau- 9 ma-informed, culturally congruent care that 10 promotes the health and safety of the pregnant 11 individuals; 12 (E) provide counseling and treatment for 13 individuals who have suffered from— 14 (i) diagnosed mental or behavioral 15 health conditions, including trauma and 16 substance use disorders; 17 (ii) trauma or violence, including do- 18 mestic violence; 19 (iii) human immunodeficiency virus; 20 (iv) sexual abuse; 21 (v) pregnancy or infant loss; or 22 (vi) chronic conditions; 23 VerDate Sep 11 2014 02:45 Mar 02, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S341.IS S341 kjohnson on DSK79L0C42PROD with BILLS 6 •S 341 IS (F) provide evidence-based pregnancy and 1 childbirth education, parenting support, and 2 other relevant forms of health literacy; 3 (G) provide clinical education opportunities 4 to maternity care providers in training to ex- 5 pand pathways into maternal health care ca- 6 reers serving incarcerated individuals; 7 (H) offer opportunities for postpartum in- 8 dividuals to maintain contact with the individ- 9 ual’s newborn child to promote bonding, includ- 10 ing enhanced visitation policies, access to prison 11 nursery programs, or breastfeeding support; 12 (I) provide reentry assistance, particularly 13 to— 14 (i) ensure access to health insurance 15 coverage and transfer of health records to 16 community providers if an incarcerated in- 17 dividual exits the criminal justice system 18 during such individual’s pregnancy or in 19 the postpartum period; and 20 (ii) connect individuals exiting the 21 criminal justice system during pregnancy 22 or in the postpartum period to community- 23 based resources, such as referrals to health 24 care providers, substance use disorder 25 VerDate Sep 11 2014 02:45 Mar 02, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S341.IS S341 kjohnson on DSK79L0C42PROD with BILLS 7 •S 341 IS treatments, and social services that ad- 1 dress social determinants maternal of 2 health; or 3 (J) establish partnerships with local public 4 entities, private community entities, community- 5 based organizations, Indian Tribes and tribal 6 organizations (as such terms are defined in sec- 7 tion 4 of the Indian Self-Determination and 8 Education Assistance Act (25 U.S.C. 5304)), 9 and urban Indian organizations (as such term 10 is defined in section 4 of the Indian Health 11 Care Improvement Act (25 U.S.C. 1603)) to es- 12 tablish or expand pretrial diversion programs as 13 an alternative to incarceration for pregnant and 14 postpartum individuals; and 15 (2) may include— 16 (A) evidence-based childbirth education or 17 parenting classes; 18 (B) prenatal health coordination; 19 (C) family and individual counseling; 20 (D) evidence-based screenings, education, 21 and, as needed, treatment for mental and be- 22 havioral health conditions, including drug and 23 alcohol treatments; 24 (E) family case management services; 25 VerDate Sep 11 2014 02:45 Mar 02, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S341.IS S341 kjohnson on DSK79L0C42PROD with BILLS 8 •S 341 IS (F) domestic violence education and pre- 1 vention; 2 (G) physical and sexual abuse counseling; 3 and 4 (H) programs to address social deter- 5 minants of health such as employment, housing, 6 education, transportation, and nutrition. 7 (f) IMPLEMENTATION AND REPORTING.—A selected 8 facility shall be responsible for— 9 (1) implementing programs, which may include 10 the programs described in subsection (e); and 11 (2) not later than 3 years after the date of en- 12 actment of this Act, and 6 years after the date of 13 enactment of this Act, reporting results of the pro- 14 grams to the Director, including information de- 15 scribing— 16 (A) relevant quantitative indicators of suc- 17 cess in improving the standard of care and 18 health outcomes for pregnant and postpartum 19 incarcerated individuals in the facility, including 20 data stratified by race, ethnicity, sex, gender, 21 age, geography, disability status, the category 22 of the criminal charge against such individual, 23 rates of pregnancy-related deaths, pregnancy- 24 associated deaths, cases of infant mortality and 25 VerDate Sep 11 2014 02:45 Mar 02, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S341.IS S341 kjohnson on DSK79L0C42PROD with BILLS 9 •S 341 IS morbidity, rates of preterm births and low- 1 birthweight births, cases of severe maternal 2 morbidity, cases of violence against pregnant or 3 postpartum individuals, diagnoses of maternal 4 mental or behavioral health conditions, and 5 other such information as appropriate; 6 (B) relevant qualitative and quantitative 7 evaluations from pregnant and postpartum in- 8 carcerated individuals who participated in such 9 programs, including measures of patient-re- 10 ported experience of care; and 11 (C) strategies to sustain such programs 12 after fiscal year 2026 and expand such pro- 13 grams to other facilities. 14 (g) REPORT.—Not later than 6 years after the date 15 of enactment of this Act, the Director shall submit to the 16 Attorney General and to the Congress a report describing 17 the results of the programs funded under this section. 18 (h) OVERSIGHT.—Not later than 1 year after the 19 date of enactment of this Act, the Attorney General shall 20 award a contract to an independent organization or inde- 21 pendent organizations to conduct oversight of the pro- 22 grams described in subsection (e). 23 VerDate Sep 11 2014 02:45 Mar 02, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S341.IS S341 kjohnson on DSK79L0C42PROD with BILLS 10 •S 341 IS (i) AUTHORIZATION OF APPROPRIATIONS.—There 1 are authorized to be appropriated to carry out this section 2 $10,000,000 for each of fiscal years 2022 through 2026. 3 SEC. 4. GRANT PROGRAM TO IMPROVE MATERNAL HEALTH 4 OUTCOMES FOR INDIVIDUALS IN STATE AND 5 LOCAL PRISONS AND JAILS. 6 (a) ESTABLISHMENT.— 7 (1) IN GENERAL.—Not later than 1 year after 8 the date of enactment of this Act, the Attorney Gen- 9 eral, acting through the Director of the Bureau of 10 Justice Assistance, shall award Justice for Incarcer- 11 ated Moms grants to States to establish or expand 12 programs in State and local prisons and jails for 13 pregnant and postpartum incarcerated individuals. 14 (2) REQUIRED CONSULTATION.—The Attorney 15 General shall award the grants authorized under 16 paragraph (1) in consultation with stakeholders such 17 as— 18 (A) relevant community-based organiza- 19 tions, particularly organizations that represent 20 incarcerated and formerly incarcerated individ- 21 uals and organizations that seek to improve ma- 22 ternal health outcomes for pregnant and 23 postpartum individuals from racial and ethnic 24 minority groups; 25 VerDate Sep 11 2014 02:45 Mar 02, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S341.IS S341 kjohnson on DSK79L0C42PROD with BILLS 11 •S 341 IS (B) relevant organizations representing pa- 1 tients, with a particular focus on patients from 2 racial and ethnic minority groups; 3 (C) organizations representing maternity 4 care providers and maternal health care edu- 5 cation programs; 6 (D) perinatal health workers; and 7 (E) researchers and policy experts in fields 8 related to maternal health care for incarcerated 9 individuals. 10 (b) APPLICATIONS.—Each applicant for a grant 11 under this section shall submit to the Director of the Bu- 12 reau of Justice Assistance an application at such time, in 13 such manner, and containing such information as the Di- 14 rector may require. 15 (c) USE OF FUNDS.—A State that is awarded a grant 16 under this section shall use such grant to establish or ex- 17 pand programs for pregnant and postpartum incarcerated 18 individuals, and such programs— 19 (1) may— 20 (A) provide access to perinatal health 21 workers from pregnancy through the post- 22 partum period; 23 (B) provide access to healthy foods and 24 counseling on nutrition, recommended activity 25 VerDate Sep 11 2014 02:45 Mar 02, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S341.IS S341 kjohnson on DSK79L0C42PROD with BILLS 12 •S 341 IS levels, and safety measures throughout preg- 1 nancy; 2 (C) train correctional officers to ensure 3 that pregnant incarcerated individuals receive 4 safe and respectful treatment; 5 (D) train medical personnel to ensure that 6 pregnant incarcerated individuals receive trau- 7 ma-informed, culturally congruent care that 8 promotes the health and safety of the pregnant 9 individuals; 10 (E) provide counseling and treatment for 11 individuals who have suffered from— 12 (i) diagnosed mental or behavioral 13 health conditions, including trauma and 14 substance use disorders; 15 (ii) trauma or violence, including do- 16 mestic violence; 17 (iii) human immunodeficiency virus; 18 (iv) sexual abuse; 19 (v) pregnancy or infant loss; or 20 (vi) chronic conditions; 21 (F) provide evidence-based pregnancy and 22 childbirth education, parenting support, and 23 other relevant forms of health literacy; 24 VerDate Sep 11 2014 02:45 Mar 02, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S341.IS S341 kjohnson on DSK79L0C42PROD with BILLS 13 •S 341 IS (G) provide clinical education opportunities 1 to maternity care providers in training to ex- 2 pand pathways into maternal health care ca- 3 reers serving incarcerated individuals; 4 (H) offer op [Text truncated for display. 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