[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 120 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 120
To enhance public health and safety by improving the effectiveness and
efficiency of the Federal prison system for incarcerated pregnant women
and mothers by establishing a pilot program of critical-stage,
developmental nurseries in Federal prisons for children born to
inmates, with risk and needs assessments, and risk and recidivism
reduction.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 4, 2021
Ms. Jackson Lee introduced the following bill; which was referred to
the Committee on the Judiciary
_______________________________________________________________________
A BILL
To enhance public health and safety by improving the effectiveness and
efficiency of the Federal prison system for incarcerated pregnant women
and mothers by establishing a pilot program of critical-stage,
developmental nurseries in Federal prisons for children born to
inmates, with risk and needs assessments, and risk and recidivism
reduction.
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 ``Stop Infant Mortality And Recidivism
Reduction Act of 2021'' or the ``SIMARRA Act''.
SEC. 2. ESTABLISHMENT.
Not later than 270 days after the date of the enactment of this
Act, the Director of the Federal Bureau of Prisons (hereinafter
referred to as the ``Director'') shall establish a pilot program
(hereinafter referred to as the ``Program'') in accordance with this
Act to permit women incarcerated in Federal prisons and the children
born to such women during incarceration to reside together while the
inmate serves a term of imprisonment in a separate housing wing of the
prison.
SEC. 3. PURPOSES.
The purposes of the Act are to--
(1) prevent infant mortality among infants born to
incarcerated mothers and greatly reduce the trauma and stress
experienced by the unborn fetuses of pregnant inmates;
(2) reduce the recidivism rates of federally incarcerated
women and mothers, and enhance public safety by improving the
effectiveness of the Federal prison system for women as a
population with special needs;
(3) establish female offender risk and needs assessment as
the cornerstones of a more effective and efficient Federal
prison system;
(4) implement a validated post-sentencing risk and needs
assessment system that relies on dynamic risk factors to
provide Federal prison officials with a roadmap to address the
pre- and post-natal needs of Federal pregnant offenders, manage
limited resources, and enhance public safety;
(5) perform regular outcome evaluations of the
effectiveness of programs and interventions for federally
incarcerated pregnant women and mothers to assure that such
programs and interventions are evidence-based and to suggest
changes, deletions, and expansions based on the results of such
evaluations; and
(6) assist the Department of Justice to address the
underlying cost structure of the Federal prison system and
ensure that the Department can continue to run prison nurseries
safely and securely without compromising the scope or quality
of the Department's critical health, safety and law enforcement
missions.
SEC. 4. DUTIES OF THE DIRECTOR OF FEDERAL BUREAU OF PRISONS.
(a) In General.--The Director shall carry out this section in
consultation with--
(1) a licensed and board-certified gynecologist or
obstetrician;
(2) the Director of the Administrative Office of the United
States Courts;
(3) the Director of the Office of Probation and Pretrial
Services;
(4) the Director of the National Institute of Justice; and
(5) the Director of the U.S. Department of Health & Human
Services.
(b) Duties.--The Director shall, in accordance with subsection
(c)--
(1) develop an offender risk and needs assessment system
particular to the health and sensitivities of federally
incarcerated pregnant women and mothers in accordance with this
section;
(2) develop recommendations regarding recidivism reduction
programs and productive activities in accordance with section
9;
(3) conduct ongoing research and data analysis on--
(A) the best practices relating to the use of
offender risk and needs assessment tools particular to
the health and sensitivities of federally incarcerated
pregnant women and mothers;
(B) the best available risk and needs assessment
tools particular to the health and sensitivities of
federally incarcerated pregnant women and mothers and
the level to which they rely on dynamic risk factors
that could be addressed and changed over time, and on
measures of risk of recidivism, individual needs, and
responsivity to recidivism reduction programs;
(C) the most effective and efficient uses of such
tools in conjunction with recidivism reduction
programs, productive activities, incentives, and
rewards; and
(D) which recidivism reduction programs are the
most effective--
(i) for federally incarcerated pregnant
women and mothers classified at different
recidivism risk levels; and
(ii) for addressing the specific needs of
federally incarcerated pregnant women and
mothers;
(4) on a biennial basis, review the system developed under
paragraph (1) and the recommendations developed under paragraph
(2), using the research conducted under paragraph (3), to
determine whether any revisions or updates should be made, and
if so, make such revisions or updates;
(5) hold periodic meetings with the individuals listed in
subsection (a) at intervals to be determined by the Director;
and
(6) report to Congress in accordance with section 9.
(c) Methods.--In carrying out the duties under subsection (b), the
Director shall--
(1) consult relevant stakeholders; and
(2) make decisions using data that is based on the best
available statistical and empirical evidence.
SEC. 5. ELIGIBILITY.
An inmate may apply to participate in the Program if the inmate--
(1) is pregnant at the beginning of the term of
imprisonment; and
(2) is in the custody or control of the Federal Bureau of
Prisons.
SEC. 6. PROGRAM TERMS.
(a) Term of Participation.--To correspond with the purposes and
goals of the program to promote bonding during the critical stages of
child development, an eligible inmate selected for the Program may
participate in the Program, subject to section 7, for the shorter of
the inmate's term of imprisonment or 30 months.
(b) Inmate Requirements.--For the duration of an inmate's
participation in the Program, the inmate shall agree to--
(1) accept the responsibility of child-rearing;
(2) participate in any educational or counseling
opportunities established by the Director, including topics
such as child development, parenting skills, domestic violence,
vocational training, or substance abuse;
(3) abide by any court decision regarding the legal or
physical custody of the child;
(4) transfer to the Federal Bureau of Prisons any child
support payments for the infant of the participating inmate
from any person or governmental entity; and
(5) specify a person who has agreed to take custody of the
child if the inmate's participation in the Program terminates
before the inmate's release.
SEC. 7. TERMINATION OF PARTICIPATION.
An inmate's participation in the Program terminates upon the
earliest of the following to occur:
(1) The inmate is released from prison.
(2) The infant fails to meet any medical criteria
established by the Director or the Director's designee along
with a collective determination of the persons listed in
section 4(a).
SEC. 8. CONTINUITY OF CARE.
The Director shall take appropriate actions to prevent detachment
or disruption of either an inmate's or infant's health and bonding-
based well-being due to termination of the Program.
SEC. 9. REPORTING.
(a) In General.--Not later than 6 months after the date of the
enactment of this Act and once every year thereafter for 5 years, the
Director shall submit a report to the Congress with regards to progress
in implementing the Program.
(b) Final Report.--Not later than 6 months after the termination of
the Program, the Director shall issue a final report to the Congress
that contains a detailed statement of the Director's findings and
conclusions, including recommendations for legislation, administrative
actions, and regulations the Director considers appropriate.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
To carry out this Act, there is authorized to be appropriated
$10,000,000 for each of fiscal years 2021 through 2025.
<all>