Justice for Incarcerated Moms Act

I 118TH CONGRESS 1ST SESSION H. R. 3344 To end the shackling of pregnant individuals, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 15, 2023 Ms. PRESSLEY (for herself, Ms. UNDERWOOD, Mr. AGUILAR, Mr. ALLRED, Ms. BARRAGA´N, Mrs. BEATTY, Mr. BISHOP of Georgia, Mr. BLU- MENAUER, 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. GARCI´A 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. SALI- NAS, 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. VELA´ZQUEZ, 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 VerDate Sep 11 2014 03:17 May 30, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H3344.IH H3344 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 3344 IH A BILL To end the shackling of pregnant individuals, 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 subpart 1 of part E of title I of the Omnibus Crime Con- 11 trol and Safe Streets Act of 1968 (34 U.S.C. 10151 et 12 seq.) (commonly referred to as the ‘‘Edward Byrne Memo- 13 rial Justice Grant Program’’) and that does not have in 14 effect throughout the State for such fiscal year laws re- 15 stricting the use of restraints on pregnant individuals in 16 prison that are substantially similar to the rights, proce- 17 dures, requirements, effects, and penalties set forth in sec- 18 tion 4322 of title 18, United States Code, the amount of 19 such grant that would otherwise be allocated to such State 20 under such subpart for the fiscal year shall be decreased 21 by 25 percent. 22 VerDate Sep 11 2014 03:17 May 30, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3344.IH H3344 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 3344 IH (b) REALLOCATION.—Amounts not allocated to a 1 State for failure to comply with subsection (a) shall be 2 reallocated in accordance with subpart 1 of part E of title 3 I of the Omnibus Crime Control and Safe Streets Act of 4 1968 (34 U.S.C. 10151 et seq.) to States that have com- 5 plied with such subsection. 6 SEC. 3. CREATING MODEL PROGRAMS FOR THE CARE OF 7 INCARCERATED INDIVIDUALS IN THE PRE- 8 NATAL AND POSTPARTUM PERIODS. 9 (a) IN GENERAL.—Not later than 1 year after the 10 date of enactment of this Act, the Attorney General, act- 11 ing through the Director of the Bureau of Prisons, shall 12 establish, in not fewer than 6 Bureau of Prisons facilities, 13 programs to optimize maternal health outcomes for preg- 14 nant and postpartum individuals incarcerated in such fa- 15 cilities. The Attorney General shall establish such pro- 16 grams in consultation with stakeholders such as— 17 (1) relevant community-based organizations, 18 particularly organizations that represent incarcer- 19 ated and formerly incarcerated individuals and orga- 20 nizations that seek to improve maternal health out- 21 comes for pregnant and postpartum individuals from 22 demographic groups with elevated rates of maternal 23 mortality, severe maternal morbidity, maternal 24 VerDate Sep 11 2014 03:17 May 30, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3344.IH H3344 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 3344 IH health disparities, or other adverse perinatal or 1 childbirth outcomes; 2 (2) relevant organizations representing patients, 3 with a particular focus on patients from demo- 4 graphic groups with elevated rates of maternal mor- 5 tality, severe maternal morbidity, maternal health 6 disparities, or other adverse perinatal or childbirth 7 outcomes; 8 (3) organizations representing maternity care 9 providers and maternal health care education pro- 10 grams; 11 (4) perinatal health workers; and 12 (5) researchers and policy experts in fields re- 13 lated to maternal health care for incarcerated indi- 14 viduals. 15 (b) START DATE.—Each selected facility shall begin 16 facility programs not later than 18 months after the date 17 of enactment of this Act. 18 (c) FACILITY PRIORITY.—In carrying out subsection 19 (a), the Director shall give priority to a facility based on— 20 (1) the number of pregnant and postpartum in- 21 dividuals incarcerated in such facility and, among 22 such individuals, the number of pregnant and 23 postpartum individuals from demographic groups 24 with elevated rates of maternal mortality, severe ma- 25 VerDate Sep 11 2014 03:17 May 30, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3344.IH H3344 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 3344 IH ternal morbidity, maternal health disparities, or 1 other adverse perinatal or childbirth outcomes; and 2 (2) the extent to which the leaders of such facil- 3 ity have demonstrated a commitment to developing 4 exemplary programs for pregnant and postpartum 5 individuals incarcerated in such facility. 6 (d) PROGRAM DURATION.—The programs established 7 under this section shall be for a 5-year period. 8 (e) PROGRAMS.—Bureau of Prisons facilities selected 9 by the Director shall establish programs for pregnant and 10 postpartum incarcerated individuals, and such programs 11 may— 12 (1) provide access to perinatal health workers 13 from pregnancy through the postpartum period; 14 (2) provide access to healthy foods and coun- 15 seling on nutrition, recommended activity levels, and 16 safety measures throughout pregnancy; 17 (3) train correctional officers to ensure that 18 pregnant incarcerated individuals receive safe and 19 respectful treatment; 20 (4) train medical personnel to ensure that preg- 21 nant incarcerated individuals receive trauma-in- 22 formed, culturally and linguistically congruent care 23 that promotes the health and safety of the pregnant 24 individuals; 25 VerDate Sep 11 2014 03:17 May 30, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3344.IH H3344 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 3344 IH (5) provide counseling and treatment for indi- 1 viduals who have suffered from— 2 (A) diagnosed mental or behavioral health 3 conditions, including trauma and substance use 4 disorders; 5 (B) trauma or violence, including domestic 6 violence; 7 (C) human immunodeficiency virus; 8 (D) sexual abuse; 9 (E) pregnancy or infant loss; or 10 (F) chronic conditions; 11 (6) provide evidence-based pregnancy and child- 12 birth education, parenting support, and other rel- 13 evant forms of health literacy; 14 (7) provide clinical education opportunities to 15 maternity care providers in training to expand path- 16 ways into maternal health care careers serving incar- 17 cerated individuals; 18 (8) offer opportunities for postpartum individ- 19 uals to maintain contact with the individual’s new- 20 born child to promote bonding, including enhanced 21 visitation policies, access to prison nursery pro- 22 grams, or breastfeeding support; 23 (9) provide reentry assistance, particularly to— 24 VerDate Sep 11 2014 03:17 May 30, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3344.IH H3344 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 3344 IH (A) ensure access to health insurance cov- 1 erage and transfer of health records to commu- 2 nity providers if an incarcerated individual exits 3 the criminal justice system during such individ- 4 ual’s pregnancy or in the postpartum period; 5 and 6 (B) connect individuals exiting the criminal 7 justice system during pregnancy or in the 8 postpartum period to community-based re- 9 sources, such as referrals to health care pro- 10 viders, substance use disorder treatments, and 11 social services that address social determinants 12 of maternal health; or 13 (10) establish partnerships with local public en- 14 tities, private community entities, community-based 15 organizations, Indian Tribes and Tribal organiza- 16 tions (as such terms are defined in section 4 of the 17 Indian Self-Determination and Education Assistance 18 Act (25 U.S.C. 5304)), and Urban Indian organiza- 19 tions (as such term is defined in section 4 of the In- 20 dian Health Care Improvement Act (25 U.S.C. 21 1603)) to establish or expand pretrial diversion pro- 22 grams as an alternative to incarceration for preg- 23 nant and postpartum individuals. Such programs 24 may include— 25 VerDate Sep 11 2014 03:17 May 30, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3344.IH H3344 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 3344 IH (A) evidence-based childbirth education or 1 parenting classes; 2 (B) prenatal health coordination; 3 (C) family and individual counseling; 4 (D) evidence-based screenings, education, 5 and, as needed, treatment for mental and be- 6 havioral health conditions, including drug and 7 alcohol treatments; 8 (E) family case management services; 9 (F) domestic violence education and pre- 10 vention; 11 (G) physical and sexual abuse counseling; 12 and 13 (H) programs to address social deter- 14 minants of health such as employment, housing, 15 education, transportation, and nutrition. 16 (f) IMPLEMENTATION AND REPORTING.—A selected 17 facility shall be responsible for— 18 (1) implementing programs, which may include 19 the programs described in subsection (e); and 20 (2) not later than 3 years after the date of en- 21 actment of this Act, and 6 years after the date of 22 enactment of this Act, reporting results of the pro- 23 grams to the Director, including information de- 24 scribing— 25 VerDate Sep 11 2014 03:17 May 30, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3344.IH H3344 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 3344 IH (A) relevant quantitative indicators of suc- 1 cess in improving the standard of care and 2 health outcomes for pregnant and postpartum 3 incarcerated individuals in the facility, including 4 data stratified by race, ethnicity, sex, gender, 5 primary language, age, geography, disability 6 status, the category of the criminal charge 7 against such individual, rates of pregnancy-re- 8 lated deaths, pregnancy-associated deaths, cases 9 of infant mortality and morbidity, rates of 10 preterm births and low-birthweight births, cases 11 of severe maternal morbidity, cases of violence 12 against pregnant or postpartum individuals, di- 13 agnoses of maternal mental or behavioral health 14 conditions, and other such information as ap- 15 propriate; 16 (B) relevant qualitative and quantitative 17 evaluations from pregnant and postpartum in- 18 carcerated individuals who participated in such 19 programs, including measures of patient-re- 20 ported experience of care; and 21 (C) strategies to sustain such programs 22 after fiscal year 2028 and expand such pro- 23 grams to other facilities. 24 VerDate Sep 11 2014 03:17 May 30, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3344.IH H3344 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 3344 IH (g) REPORT.—Not later than 6 years after the date 1 of enactment of this Act, the Director shall submit to the 2 Attorney General and to the Congress a report describing 3 the results of the programs funded under this section. 4 (h) OVERSIGHT.—Not later than 1 year after the 5 date of enactment of this Act, the Attorney General shall 6 award a contract to an independent organization or inde- 7 pendent organizations to conduct oversight of the pro- 8 grams described in subsection (e). 9 (i) AUTHORIZATION OF APPROPRIATIONS.—There is 10 authorized to be appropriated to carry out this section 11 $10,000,000 for each of fiscal years 2024 through 2028. 12 SEC. 4. GRANT PROGRAM TO IMPROVE MATERNAL HEALTH 13 OUTCOMES FOR INDIVIDUALS IN STATE AND 14 LOCAL PRISONS AND JAILS. 15 (a) ESTABLISHMENT.—Not later than 1 year after 16 the date of enactment of this Act, the Attorney General, 17 acting through the Director of the Bureau of Justice As- 18 sistance, shall award Justice for Incarcerated Moms 19 grants to States to establish or expand programs in State 20 and local prisons and jails for pregnant and postpartum 21 incarcerated individuals. The Attorney General shall 22 award such grants in consultation with stakeholders such 23 as— 24 VerDate Sep 11 2014 03:17 May 30, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3344.IH H3344 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 3344 IH (1) relevant community-based organizations, 1 particularly organizations that represent incarcer- 2 ated and formerly incarcerated individuals and orga- 3 nizations that seek to improve maternal health out- 4 comes for pregnant and postpartum individuals from 5 demographic groups with elevated rates of maternal 6 mortality, severe maternal morbidity, maternal 7 health disparities, or other adverse perinatal or 8 childbirth outcomes; 9 (2) relevant organizations representing patients, 10 with a particular focus on patients from demo- 11 graphic groups with elevated rates of maternal mor- 12 tality, severe maternal morbidity, maternal health 13 disparities, or other adverse perinatal or childbirth 14 outcomes; 15 (3) organizations representing maternity care 16 providers and maternal health care education pro- 17 grams; 18 (4) perinatal health workers; and 19 (5) researchers and policy experts in fields re- 20 lated to maternal health care for incarcerated indi- 21 viduals. 22 (b) APPLICATIONS.—Each appl [Text truncated for display. Full text available on Congress.gov.]