[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6129 Introduced in House (IH)]
<DOC>
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 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 provide improved care and protection to incarcerated mothers, 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 ``Justice for Incarcerated Moms Act''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that the respect and proper care that
mothers deserve is inclusive, and whether the mothers are transgender,
cisgender, or gender nonconforming, all deserve dignity.
SEC. 3. ENDING THE SHACKLING OF PREGNANT INDIVIDUALS.
(a) In General.--Beginning on the date that is 6 months after the
date of enactment of this Act, and annually thereafter, in each State
that received a grant under subpart 1 of part E of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10151 et
seq.) (commonly referred to as the ``Edward Byrne Memorial Justice
Grant Program'') and that does not have in effect throughout the State
for such fiscal year laws restricting the use of restraints on pregnant
individuals in prison that are substantially similar to the rights,
procedures, requirements, effects, and penalties set forth in section
4322 of title 18, United States Code, the amount of such grant that
would otherwise be allocated to such State under such subpart for the
fiscal year shall be decreased by 25 percent.
(b) Reallocation.--Amounts not allocated to a State for failure to
comply with subsection (a) shall be reallocated in accordance with
subpart 1 of part E of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10151 et seq.) to States that have
complied with such subsection.
SEC. 4. CREATING MODEL PROGRAMS FOR THE CARE OF INCARCERATED
INDIVIDUALS IN THE PRENATAL AND POSTPARTUM PERIODS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Attorney General, acting through the Director of the
Bureau of Prisons, shall establish, in not more than 6 Bureau of
Prisons facilities, programs to optimize maternal health outcomes for
pregnant and postpartum individuals incarcerated in such facilities.
The Attorney General shall establish such programs in consultation with
stakeholders such as--
(1) relevant community-based organizations, particularly
organizations that represent incarcerated and formerly
incarcerated individuals and organizations that seek to improve
maternal health outcomes for minority women;
(2) relevant organizations representing patients, with a
particular focus on minority patients;
(3) relevant organizations representing maternal health
care providers;
(4) nonclinical perinatal health workers such as doulas,
community health workers, peer supporters, certified lactation
consultants, nutritionists and dietitians, social workers, home
visitors, and navigators; and
(5) researchers and policy experts in fields related to
women's health care for incarcerated individuals.
(b) Start Date.--Each selected facility shall begin facility
programs not later than 18 months after the date of enactment of this
Act.
(c) Facility Priority.--In carrying out subsection (a), the
Director shall give priority to a facility based on--
(1) the number of pregnant and postpartum individuals
incarcerated in such facility and, among such individuals, the
number of pregnant and postpartum minority individuals; and
(2) the extent to which the leaders of such facility have
demonstrated a commitment to developing exemplary programs for
pregnant and postpartum individuals incarcerated in such
facility.
(d) Program Duration.--The programs established under this section
shall be for a 5-year period.
(e) Programs.--Bureau of Prisons facilities selected by the
Director shall establish programs for pregnant and postpartum
incarcerated individuals, and such programs may--
(1) provide access to doulas and other perinatal health
workers from pregnancy through the postpartum period;
(2) provide access to healthy foods and counseling on
nutrition, recommended activity levels, and safety measures
throughout pregnancy;
(3) train correctional officers and medical personnel to
ensure that pregnant incarcerated individuals receive trauma-
informed, culturally congruent care that promotes the health
and safety of the pregnant individuals;
(4) provide counseling and treatment for individuals who
have suffered from--
(A) diagnosed mental or behavioral health
conditions, including trauma and substance use
disorders;
(B) domestic violence;
(C) human immunodeficiency virus;
(D) sexual abuse;
(E) pregnancy or infant loss; or
(F) chronic conditions, including heart disease,
diabetes, osteoporosis and osteopenia, hypertension,
asthma, liver disease, and bleeding disorders;
(5) provide pregnancy and childbirth education, parenting
support, and other relevant forms of health literacy;
(6) offer opportunities for postpartum individuals to
maintain contact with the individual's newborn child to promote
bonding, including enhanced visitation policies, access to
prison nursery programs, or breastfeeding support;
(7) provide reentry assistance, particularly to--
(A) ensure continuity of health insurance coverage
if an incarcerated individual exits the criminal
justice system during such individual's pregnancy or in
the postpartum period; and
(B) connect individuals exiting the criminal
justice system during pregnancy or in the postpartum
period to community-based resources, such as referrals
to health care providers and social services that
address social determinants of health like housing,
employment opportunities, transportation, and
nutrition; or
(8) establish partnerships with local public entities,
private community entities, community-based organizations,
Indian Tribes and tribal organizations (as such terms are
defined in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304)), and urban Indian
organizations (as such term is defined in section 4 of the
Indian Health Care Improvement Act (25 U.S.C. 1603)) to
establish or expand pretrial diversion programs as an
alternative to incarceration for pregnant and postpartum
individuals. Such programs may include--
(A) parenting classes;
(B) prenatal health coordination;
(C) family and individual counseling;
(D) evidence-based screenings, education, and, as
needed, treatment for mental and behavioral health
conditions, including drug and alcohol treatments;
(E) family case management services;
(F) domestic violence education and prevention;
(G) physical and sexual abuse counseling; and
(H) programs to address social determinants of
health such as employment, housing, education,
transportation, and nutrition.
(f) Implementation and Reporting.--A selected facility shall be
responsible for--
(1) implementing programs, which may include the programs
described in subsection (e); and
(2) not later than 3 years after the date of enactment of
this Act, and not 6 years after the date of enactment of this
Act, reporting results of the programs to the Director,
including information describing--
(A) relevant quantitative indicators of success in
improving the standard of care and health outcomes for
pregnant and postpartum incarcerated individuals who
participated in such programs, including data
stratified by race, ethnicity, sex, age, geography,
disability status, the category of the criminal charge
against such individual, rates of pregnancy-related
deaths, pregnancy-associated deaths, cases of infant
mortality, cases of severe maternal morbidity, cases of
violence against pregnant or postpartum individuals,
diagnoses of maternal mental or behavioral health
conditions, and other such information as appropriate;
(B) relevant qualitative evaluations from pregnant
and postpartum incarcerated individuals who
participated in such programs, including subjective
measures of patient-reported experience of care;
(C) evaluations of cost effectiveness; and
(D) strategies to sustain such programs beyond
2026.
(g) Report.--Not later than 7 years after the date of enactment of
this Act, the Director shall submit to the Attorney General and to the
Committee on the Judiciary of the House of Representatives and the
Senate a report describing the results of the programs funded under
this section.
(h) Oversight.--Not later than 1 year after the date of enactment
of this Act, the Attorney General shall award a contract to an
independent organization or independent organizations to conduct
oversight of the programs described in subsection (e).
(i) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000 for each of fiscal
years 2021 through 2025.
SEC. 5. GRANT PROGRAM TO IMPROVE MATERNAL HEALTH OUTCOMES FOR
INDIVIDUALS IN STATE AND LOCAL PRISONS AND JAILS.
(a) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Attorney General, acting through the
Director of the Bureau of Justice Assistance, shall award Justice for
Incarcerated Moms grants to States to establish or expand programs in
State and local prisons and jails for pregnant and postpartum
incarcerated individuals. The Attorney General shall award such grants
in consultation with stakeholders such as--
(1) relevant community-based organizations, particularly
organizations that represent incarcerated and formerly
incarcerated individuals and organizations that seek to improve
maternal health outcomes for minority women;
(2) relevant organizations representing patients, with a
particular focus on minority patients;
(3) relevant organizations representing maternal health
care providers;
(4) nonclinical perinatal health workers such as doulas,
community health workers, peer supporters, certified lactation
consultants, nutritionists and dietitians, social workers, home
visitors, and navigators; and
(5) researchers and policy experts in fields related to
women's health care for incarcerated individuals.
(b) Applications.--Each applicant for a grant under this section
shall submit to the Director of the Bureau of Justice Assistance an
application at such time, in such manner, and containing such
information as the Director may require.
(c) Use of Funds.--A State that is awarded a grant under this
section shall use such grant to establish or expand programs for
pregnant and postpartum incarcerated individuals, and such programs
may--
(1) provide access to doulas and other perinatal health
workers from pregnancy through the postpartum period;
(2) provide access to healthy foods and counseling on
nutrition, recommended activity levels, and safety measures
throughout pregnancy;
(3) train correctional officers and medical personnel to
ensure that pregnant incarcerated individuals receive trauma-
informed, culturally congruent care that promotes the health
and safety of the pregnant individuals;
(4) provide counseling and treatment for individuals who
have suffered from--
(A) diagnosed mental or behavioral health
conditions, including trauma and substance use
disorders;
(B) domestic violence;
(C) human immunodeficiency virus;
(D) sexual abuse;
(E) pregnancy or infant loss; or
(F) chronic conditions, including heart disease,
diabetes, osteoporosis and osteopenia, hypertension,
asthma, liver disease, and bleeding disorders;
(5) provide pregnancy and childbirth education, parenting
support, and other relevant forms of health literacy;
(6) offer opportunities for postpartum individuals to
maintain contact with the individual's newborn child to promote
bonding, including enhanced visitation policies, access to
prison nursery programs, or breastfeeding support;
(7) provide reentry assistance, particularly to--
(A) ensure continuity of health insurance coverage
if an incarcerated individual exits the criminal
justice system during such individual's pregnancy or in
the postpartum period; and
(B) connect individuals exiting the criminal
justice system during pregnancy or in the postpartum
period to community-based resources, such as referrals
to health care providers and social services that
address social determinants of health like housing,
employment opportunities, transportation, and
nutrition; or
(8) establish partnerships with local public entities,
private community entities, community-based organizations,
Indian Tribes and tribal organizations (as such terms are
defined in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304)), and urban Indian
organizations (as such term is defined in section 4 of the
Indian Health Care Improvement Act (25 U.S.C. 1603)) to
establish or expand pretrial diversion programs as an
alternative to incarceration for pregnant and postpartum
individuals. Such programs may include--
(A) parenting classes;
(B) prenatal health coordination;
(C) family and individual counseling;
(D) evidence-based screenings, education, and, as
needed, treatment for mental and behavioral health
conditions, including drug and alcohol treatments;
(E) family case management services;
(F) domestic violence education and prevention;
(G) physical and sexual abuse counseling; and
(H) programs to address social determinants of
health such as employment, housing, education,
transportation, and nutrition.
(d) Priority.--In awarding grants under this section, the Director
of the Bureau of Justice Assistance shall give priority to applicants
based on--
(1) the number of pregnant and postpartum individuals
incarcerated in the State and, among such individuals, the
number of pregnant and postpartum minority individuals; and
(2) the extent to which the State has demonstrated a
commitment to developing exemplary programs for pregnant and
postpartum individuals incarcerated the prisons and jails in
the State.
(e) Grant Duration.--A grant awarded under this section shall be
for a 5-year period.
(f) Implementing and Reporting.--A State that receives a grant
under this section shall be responsible for--
(1) implementing the program funded by the grant; and
(2) not later than 3 years after the date of enactment of
this Act, and 6 years after the date of enactment of this Act,
reporting results of such program to the Attorney General,
including information describing--
(A) relevant quantitative indicators of the
program's success in improving the standard of care and
health outcomes for pregnant and postpartum
incarcerated individuals who participated in such
program, including data stratified by race, ethnicity,
sex, age, geography, disability status, category of the
criminal charge against such individual, incidence
rates of pregnancy-related deaths, pregnancy-associated
deaths, cases of infant mortality, cases of severe
maternal morbidity, cases of violence against pregnant
or postpartum individuals, diagnoses of maternal mental
or behavioral health conditions, and other such
information as appropriate;
(B) relevant qualitative evaluations from pregnant
and postpartum incarcerated individuals who
participated in such programs, including subjective
measures of patient-reported experience of care;
(C) evaluations of cost effectiveness; and
(D) strategies to sustain such programs beyond the
duration of the grant.
(g) Report.--Not later than 7 years after the date of enactment of
this Act, the Attorney General shall submit to the Committee on the
Judiciary of the House of Representatives and the Senate a report
describing the results of such grant programs.
(h) Oversight.--Not later than 1 year after the date of enactment
of this Act, the Attorney General shall award a contract to an
independent organization or independent organizations to conduct
oversight of the programs described in subsection (c).
(i) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000 for each of fiscal
years 2021 through 2025.
SEC. 6. GAO REPORT.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Comptroller General of the United States shall submit
to Congress a report on adverse maternal health outcomes among
incarcerated individuals, with a particular focus on racial and ethnic
disparities in maternal health outcomes for incarcerated individuals.
(b) Contents of Report.--The report described in this section shall
include--
(1) to the extent practicable--
(A) the number of incarcerated individuals,
including those incarcerated in Federal, State, and
local correctional facilities, who have experienced a
pregnancy-related death or pregnancy-associated death
in the most recent 10 years of available data;
(B) the number of cases of severe maternal
morbidity among incarcerated individuals, including
those incarcerated in Federal, State, and local
detention facilities, in the most recent year of
available data; and
(C) statistics on the racial and ethnic disparities
in maternal and infant health outcomes and severe
maternal morbidity rates among incarcerated
individuals, including those incarcerated in Federal,
State, and local detention facilities;
(2) in the case that the Comptroller General of the United
States is unable determine the information required in
paragraphs (1) through (4), an assessment of the barriers to
determining such information and recommendations for
improvements in tracking maternal health outcomes among
incarcerated individuals, including those incarcerated in
Federal, State, and local detention facilities;
(3) causes of adverse maternal health outcomes that are
unique to incarcerated individuals, including those
incarcerated in Federal, State, and local detention facilities;
(4) causes of adverse maternal health outcomes and severe
maternal morbidity that are unique to incarcerated individuals
of color;
(5) recommendations to reduce maternal mortality and severe
maternal morbidity among incarcerated individuals and to
address racial and ethnic disparities in maternal health
outcomes for incarcerated individuals in Bureau of Prisons
facilities and State and local prisons and jails; and
(6) such other information as may be appropriate to reduce
the occurrence of adverse maternal health outcomes among
incarcerated individuals and to address racial and ethnic
disparities in maternal health outcomes for such individuals.
SEC. 7. MACPAC REPORT.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Medicaid and CHIP Payment and Access Commission
(referred to in this section as ``MACPAC'') shall publish a report on
the implications of pregnant and postpartum incarcerated individuals
being ineligible for medical assistance under a State plan under title
XIX of the Social Security Act (42 U.S.C. 1396 et seq.).
(b) Contents of Report.--The report described in this section shall
include--
(1) information on the effect of ineligibility for medical
assistance under a State plan under title XIX of the Social
Security Act (42 U.S.C. 1396 et seq.) on maternal health
outcomes for pregnant and postpartum incarcerated individuals,
concentrating on the effects of such ineligibility for pregnant
and postpartum individuals of color; and
(2) the potential implications on maternal health outcomes
resulting from suspending eligibility for medical assistance
under a State plan under such title of such Act when a pregnant
or postpartum individual is incarcerated.
SEC. 8. DEFINITIONS.
In this Act:
(1) Culturally congruent.--The term ``culturally
congruent'' means in agreement with the preferred cultural
values, beliefs, worldview, and practices of the health care
consumer and other stakeholders.
(2) Postpartum.--The term ``postpartum'' means the one-year
period beginning on the last day of an individual's pregnancy.
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