Justice for Incarcerated Moms Act

I 116TH CONGRESS 2D SESSION H. R. 6129 To provide improved care and protection to incarcerated mothers, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MARCH 9, 2020 Ms. PRESSLEY (for herself, Ms. UNDERWOOD, Ms. ADAMS, Ms. SEWELL of Alabama, Ms. NORTON, Ms. SCANLON, Ms. MOORE, Mr. CLAY, Mr. KHANNA, and Mr. LAWSON of Florida) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subse- quently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide improved care and protection to incarcerated mothers, 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. SENSE OF CONGRESS. 6 It is the sense of Congress that the respect and prop- 7 er care that mothers deserve is inclusive, and whether the 8 VerDate Sep 11 2014 23:11 Mar 13, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H6129.IH H6129 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 6129 IH mothers are transgender, cisgender, or gender noncon- 1 forming, all deserve dignity. 2 SEC. 3. ENDING THE SHACKLING OF PREGNANT INDIVID- 3 UALS. 4 (a) IN GENERAL.—Beginning on the date that is 6 5 months after the date of enactment of this Act, and annu- 6 ally thereafter, in each State that received a grant under 7 subpart 1 of part E of title I of the Omnibus Crime Con- 8 trol and Safe Streets Act of 1968 (34 U.S.C. 10151 et 9 seq.) (commonly referred to as the ‘‘Edward Byrne Memo- 10 rial Justice Grant Program’’) and that does not have in 11 effect throughout the State for such fiscal year laws re- 12 stricting the use of restraints on pregnant individuals in 13 prison that are substantially similar to the rights, proce- 14 dures, requirements, effects, and penalties set forth in sec- 15 tion 4322 of title 18, United States Code, the amount of 16 such grant that would otherwise be allocated to such State 17 under such subpart for the fiscal year shall be decreased 18 by 25 percent. 19 (b) REALLOCATION.—Amounts not allocated to a 20 State for failure to comply with subsection (a) shall be 21 reallocated in accordance with subpart 1 of part E of title 22 I of the Omnibus Crime Control and Safe Streets Act of 23 1968 (34 U.S.C. 10151 et seq.) to States that have com- 24 plied with such subsection. 25 VerDate Sep 11 2014 23:11 Mar 13, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H6129.IH H6129 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 6129 IH SEC. 4. CREATING MODEL PROGRAMS FOR THE CARE OF 1 INCARCERATED INDIVIDUALS IN THE PRE- 2 NATAL AND POSTPARTUM PERIODS. 3 (a) IN GENERAL.—Not later than 1 year after the 4 date of enactment of this Act, the Attorney General, act- 5 ing through the Director of the Bureau of Prisons, shall 6 establish, in not more than 6 Bureau of Prisons facilities, 7 programs to optimize maternal health outcomes for preg- 8 nant and postpartum individuals incarcerated in such fa- 9 cilities. The Attorney General shall establish such pro- 10 grams in consultation with stakeholders such as— 11 (1) relevant community-based organizations, 12 particularly organizations that represent incarcer- 13 ated and formerly incarcerated individuals and orga- 14 nizations that seek to improve maternal health out- 15 comes for minority women; 16 (2) relevant organizations representing patients, 17 with a particular focus on minority patients; 18 (3) relevant organizations representing mater- 19 nal health care providers; 20 (4) nonclinical perinatal health workers such as 21 doulas, community health workers, peer supporters, 22 certified lactation consultants, nutritionists and di- 23 etitians, social workers, home visitors, and naviga- 24 tors; and 25 VerDate Sep 11 2014 23:11 Mar 13, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H6129.IH H6129 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 6129 IH (5) researchers and policy experts in fields re- 1 lated to women’s health care for incarcerated indi- 2 viduals. 3 (b) START DATE.—Each selected facility shall begin 4 facility programs not later than 18 months after the date 5 of enactment of this Act. 6 (c) FACILITY PRIORITY.—In carrying out subsection 7 (a), the Director shall give priority to a facility based on— 8 (1) the number of pregnant and postpartum in- 9 dividuals incarcerated in such facility and, among 10 such individuals, the number of pregnant and 11 postpartum minority individuals; and 12 (2) the extent to which the leaders of such facil- 13 ity have demonstrated a commitment to developing 14 exemplary programs for pregnant and postpartum 15 individuals incarcerated in such facility. 16 (d) PROGRAM DURATION.—The programs established 17 under this section shall be for a 5-year period. 18 (e) PROGRAMS.—Bureau of Prisons facilities selected 19 by the Director shall establish programs for pregnant and 20 postpartum incarcerated individuals, and such programs 21 may— 22 (1) provide access to doulas and other perinatal 23 health workers from pregnancy through the 24 postpartum period; 25 VerDate Sep 11 2014 23:11 Mar 13, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H6129.IH H6129 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 6129 IH (2) provide access to healthy foods and coun- 1 seling on nutrition, recommended activity levels, and 2 safety measures throughout pregnancy; 3 (3) train correctional officers and medical per- 4 sonnel to ensure that pregnant incarcerated individ- 5 uals receive trauma-informed, culturally congruent 6 care that promotes the health and safety of the 7 pregnant individuals; 8 (4) provide counseling and treatment for indi- 9 viduals who have suffered from— 10 (A) diagnosed mental or behavioral health 11 conditions, including trauma and substance use 12 disorders; 13 (B) domestic violence; 14 (C) human immunodeficiency virus; 15 (D) sexual abuse; 16 (E) pregnancy or infant loss; or 17 (F) chronic conditions, including heart dis- 18 ease, diabetes, osteoporosis and osteopenia, hy- 19 pertension, asthma, liver disease, and bleeding 20 disorders; 21 (5) provide pregnancy and childbirth education, 22 parenting support, and other relevant forms of 23 health literacy; 24 VerDate Sep 11 2014 23:11 Mar 13, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H6129.IH H6129 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 6129 IH (6) offer opportunities for postpartum individ- 1 uals to maintain contact with the individual’s new- 2 born child to promote bonding, including enhanced 3 visitation policies, access to prison nursery pro- 4 grams, or breastfeeding support; 5 (7) provide reentry assistance, particularly to— 6 (A) ensure continuity of health insurance 7 coverage if an incarcerated individual exits the 8 criminal justice system during such individual’s 9 pregnancy or in the postpartum period; and 10 (B) connect individuals exiting the criminal 11 justice system during pregnancy or in the 12 postpartum period to community-based re- 13 sources, such as referrals to health care pro- 14 viders and social services that address social de- 15 terminants of health like housing, employment 16 opportunities, transportation, and nutrition; or 17 (8) establish partnerships with local public enti- 18 ties, private community entities, community-based 19 organizations, Indian Tribes and tribal organizations 20 (as such terms are defined in section 4 of the Indian 21 Self-Determination and Education Assistance Act 22 (25 U.S.C. 5304)), and urban Indian organizations 23 (as such term is defined in section 4 of the Indian 24 Health Care Improvement Act (25 U.S.C. 1603)) to 25 VerDate Sep 11 2014 23:11 Mar 13, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H6129.IH H6129 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 6129 IH establish or expand pretrial diversion programs as 1 an alternative to incarceration for pregnant and 2 postpartum individuals. Such programs may in- 3 clude— 4 (A) parenting classes; 5 (B) prenatal health coordination; 6 (C) family and individual counseling; 7 (D) evidence-based screenings, education, 8 and, as needed, treatment for mental and be- 9 havioral health conditions, including drug and 10 alcohol treatments; 11 (E) family case management services; 12 (F) domestic violence education and pre- 13 vention; 14 (G) physical and sexual abuse counseling; 15 and 16 (H) programs to address social deter- 17 minants of health such as employment, housing, 18 education, transportation, and nutrition. 19 (f) IMPLEMENTATION AND REPORTING.—A selected 20 facility shall be responsible for— 21 (1) implementing programs, which may include 22 the programs described in subsection (e); and 23 (2) not later than 3 years after the date of en- 24 actment of this Act, and not 6 years after the date 25 VerDate Sep 11 2014 23:11 Mar 13, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H6129.IH H6129 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 6129 IH of enactment of this Act, reporting results of the 1 programs to the Director, including information de- 2 scribing— 3 (A) relevant quantitative indicators of suc- 4 cess in improving the standard of care and 5 health outcomes for pregnant and postpartum 6 incarcerated individuals who participated in 7 such programs, including data stratified by 8 race, ethnicity, sex, age, geography, disability 9 status, the category of the criminal charge 10 against such individual, rates of pregnancy-re- 11 lated deaths, pregnancy-associated deaths, cases 12 of infant mortality, cases of severe maternal 13 morbidity, cases of violence against pregnant or 14 postpartum individuals, diagnoses of maternal 15 mental or behavioral health conditions, and 16 other such information as appropriate; 17 (B) relevant qualitative evaluations from 18 pregnant and postpartum incarcerated individ- 19 uals who participated in such programs, includ- 20 ing subjective measures of patient-reported ex- 21 perience of care; 22 (C) evaluations of cost effectiveness; and 23 (D) strategies to sustain such programs 24 beyond 2026. 25 VerDate Sep 11 2014 23:11 Mar 13, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H6129.IH H6129 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 6129 IH (g) REPORT.—Not later than 7 years after the date 1 of enactment of this Act, the Director shall submit to the 2 Attorney General and to the Committee on the Judiciary 3 of the House of Representatives and the Senate a report 4 describing the results of the programs funded under this 5 section. 6 (h) OVERSIGHT.—Not later than 1 year after the 7 date of enactment of this Act, the Attorney General shall 8 award a contract to an independent organization or inde- 9 pendent organizations to conduct oversight of the pro- 10 grams described in subsection (e). 11 (i) AUTHORIZATION OF APPROPRIATIONS.—There is 12 authorized to be appropriated to carry out this section 13 $10,000,000 for each of fiscal years 2021 through 2025. 14 SEC. 5. GRANT PROGRAM TO IMPROVE MATERNAL HEALTH 15 OUTCOMES FOR INDIVIDUALS IN STATE AND 16 LOCAL PRISONS AND JAILS. 17 (a) ESTABLISHMENT.—Not later than 1 year after 18 the date of enactment of this Act, the Attorney General, 19 acting through the Director of the Bureau of Justice As- 20 sistance, shall award Justice for Incarcerated Moms 21 grants to States to establish or expand programs in State 22 and local prisons and jails for pregnant and postpartum 23 incarcerated individuals. The Attorney General shall 24 VerDate Sep 11 2014 23:11 Mar 13, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H6129.IH H6129 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 6129 IH award such grants in consultation with stakeholders such 1 as— 2 (1) relevant community-based organizations, 3 particularly organizations that represent incarcer- 4 ated and formerly incarcerated individuals and orga- 5 nizations that seek to improve maternal health out- 6 comes for minority women; 7 (2) relevant organizations representing patients, 8 with a particular focus on minority patients; 9 (3) relevant organizations representing mater- 10 nal health care providers; 11 (4) nonclinical perinatal health workers such as 12 doulas, community health workers, peer supporters, 13 certified lactation consultants, nutritionists and di- 14 etitians, social workers, home visitors, and naviga- 15 tors; and 16 (5) researchers and policy experts in fields re- 17 lated to women’s health care for incarcerated indi- 18 viduals. 19 (b) APPLICATIONS.—Each applicant for a grant 20 under this section shall submit to the Director of the Bu- 21 reau of Justice Assistance an application at such time, in 22 such manner, and containing such information as the Di- 23 rector may require. 24 VerDate Sep 11 2014 23:11 Mar 13, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H6129.IH H6129 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 6129 IH (c) USE OF FUNDS.—A State that is awarded a grant 1 under this section shall use such grant to establish or ex- 2 pand programs for pregnant and postpartum incarcerated 3 individuals, and such programs may— 4 (1) provide access to doulas and other perinatal 5 health workers from pregnancy through the 6 postpartum period; 7 (2) provide access to healthy foods and coun- 8 seling on nutrition, recommended activity levels, and 9 safety measures throughout pregnancy; 10 (3) train correctional officers and medical per- 11 sonnel to ensure that pregnant incarcerated individ- 12 uals receive trauma-informed, culturally congruent 13 care that promotes the health and safety of the 14 pregnant individuals; 15 (4) provide counseling and treatment for indi- 16 viduals who have suffered from— 17 (A) diagnosed mental or behavioral health 18 conditions, including trauma and substance use 19 disorders; 20 (B) domestic violence; 21 (C) human immunodeficiency virus; 22 (D) sexual abuse; 23 (E) pregnancy or infant loss; or 24 VerDate Sep 11 2014 23:11 Mar 13, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H6129.IH H6129 pamtmann on DSKBC07HB2PROD with BILLS 12 •HR 6129 IH (F) chronic conditions, including heart dis- 1 ease, diabetes, osteoporosis and osteopenia, hy- 2 pertension, asthma, liver disease, and bleeding 3 disorders; 4 (5) provide pregnancy and childbirth education, 5 parenting support, and other relevant forms of 6 health literacy; 7 (6) offer opportunities for postpartum individ- 8 uals to maintain contact with the individual’s new- 9 born child to promote bo [Text truncated for display. Full text available on Congress.gov.]