[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7394 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 7394
To provide for improvements in the treatment of women in the criminal
justice system.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 5, 2022
Ms. Bass (for herself, Ms. Mace, and Ms. Speier) introduced the
following bill; which was referred to the Committee on the Judiciary,
and in addition to the Committees on Ways and Means, and 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 for improvements in the treatment of women in the criminal
justice system.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Women in Criminal
Justice Reform Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--GENDER-INFORMED ARREST AND LAW ENFORCEMENT PRACTICES
Sec. 101. Protection of children at arrest.
Sec. 102. Grant program for gender-informed training of local law
enforcement officers.
TITLE II--FAMILY REUNIFICATION TO REDUCE RECIDIVISM AND PROTECT
CHILDREN
Sec. 201. Parent-focused bail reform.
Sec. 202. Temporary release from imprisonment to maintain community
ties.
TITLE III--GENDER-INFORMED ALTERNATIVES TO INCARCERATION
Sec. 301. Federal pretrial diversion.
TITLE IV--CONSPIRACY REFORM ACT--FIXING THE ``GIRLFRIEND PROBLEM''
Sec. 401. Focusing penalties for drug conspiracy.
Sec. 402. Increasing judicial discretion to sentence less culpable
justice-involved individuals.
Sec. 403. Clarifying culpability at sentencing.
TITLE V--GENDER-RESPONSIVE AND TRAUMA-INFORMED IMPOSITION OF A SENTENCE
Sec. 501. Gender and trauma-informed sentencing.
TITLE VI--GENDER-RESPONSIVE PRISON REFORM
Sec. 601. Health care needs of incarcerated women in the Bureau of
Prisons.
Sec. 602. Trauma-informed care.
Sec. 603. Trauma-informed and gender-responsive training and staffing.
Sec. 604. Improving the Bureau of Prisons Resolve Trauma Therapy
Program.
Sec. 605. Gender-responsive programs in the Bureau of Prisons.
Sec. 606. Gender-responsive prison conditions.
Sec. 607. Gender-specific posts.
Sec. 608. Female incarcerated person nutritional standards.
Sec. 609. Gender-responsive discipline policies.
Sec. 610. Expanding access to the Mothers and Infants Nurturing
Together Program and the Residential
Parenting Program.
Sec. 611. Report on failure to comply with the 500 mile rule.
Sec. 612. Authorization of appropriations.
TITLE VII--GENDER-INFORMED REENTRY REFORM
Sec. 701. Focus on women at residential reentry centers and in
community confinement.
Sec. 702. Focusing supervision on the rehabilitation of women.
Sec. 703. Gender-responsive modification of supervised release
restrictions.
TITLE VIII--DEFINITIONS
Sec. 801. Definitions.
TITLE I--GENDER-INFORMED ARREST AND LAW ENFORCEMENT PRACTICES
SEC. 101. PROTECTION OF CHILDREN AT ARREST.
(a) In General.--Chapter 203 of title 18, United States Code, is
amended by adding the following new section at the end:
``Sec. 3065. Arrest by Federal law enforcement
``A law enforcement officer who is authorized to make arrests under
any Federal law shall permit any person who is arrested and is the
custodial parent or guardian of a minor or dependent child the
opportunity to make arrangements for such child at the time of arrest,
including by permitting access to a telephone and appropriate phone
numbers for the purposes of securing care for the child, and shall not
refer the child to a child welfare agency, unless the custodial parent
or guardian of the minor cannot make arrangements for the child at the
time of arrest or to secure care for the child, or unless the arresting
officer has reasonable cause to suspect the child is experiencing abuse
or neglect. A drug related charge on its own does not constitute
sufficient cause to suspect abuse or neglect.''.
(b) Conforming Amendment.--The table of contents of chapter 203 of
title 18, United States Code, is amended by adding at the end the
following: ``3065. Arrest by Federal law enforcement''.
SEC. 102. GRANT PROGRAM FOR GENDER-INFORMED TRAINING OF LOCAL LAW
ENFORCEMENT OFFICERS.
Title I of the Omnibus Crime Control and Safe Streets Act of 1968
(34 U.S.C. 10101 et seq.), is amended by adding at the end the
following:
``PART PP--GRANTS FOR GENDER-RESPONSIVE TRAINING
``SEC. 3051. IN GENERAL.
``The Attorney General may make a grant to a State each fiscal year
for purposes of carrying out the requirements of section 3052. The term
of such grant shall be 1 year.
``SEC. 3052. TRAINING ON GENDER-INFORMED LAW ENFORCEMENT PRACTICES.
``(a) Training Curricula.--Not later than 180 days after the
effective date of this section, the Attorney General shall develop and
identify training curricula under this paragraph in consultation with
relevant law enforcement agencies of States and units of local
government, associations that advocate on issues which
disproportionately impact women, medical professionals, professional
law enforcement organizations, mental health organizations, and family
advocacy organizations.
``(b) Training Requirement.--The requirements of this subsection
are as follows:
``(1) A State shall require that all individuals enrolled
in an academy of a law enforcement agency in the State and all
chief law enforcement officers of the State fulfill a training
session on gender-informed policing practices each fiscal year.
In the case of individuals attending an academy, such training
session shall be for at least 8 hours, and in the case of all
other law enforcement officers, the training session shall be
for at least 4 hours.
``(2) Gender-informed policing practices shall include--
``(A) evidence-based training on the circumstances
most likely to disproportionately or differently impact
women who have contact with law enforcement through
traffic stops, street stops, searches, arrests, or any
other contact, and may include training on trauma,
sexual and physical abuse, family issues, physical and
mental health issues, hygiene issues, racial
disparities in the arrests of and law enforcement
contacts with women, and issues related to the arrest
of parents, including the identification and
appropriate responses to a child, present or not
present, whose parent is arrested in order to help
minimize potential trauma and support a child's
physical safety and well-being following an arrest;
``(B) training on a proactive, victim-centered
approach to be used when responding to domestic
violence that utilizes best-practices aimed at reducing
risk of imminent or future violence, and strongly
discourages dual arrests;
``(C) evidence-based training on proper
interrogation techniques for individuals with a history
of trauma such as intimate partner violence or sexual
assault as well as information on false confessions;
``(D) evidence-based training on how the
interaction of race, class, disability, and gender may
influence police response as well as behavior of an
individual towards law enforcement officers; and
``(E) evidence-based training on the specific needs
and appropriate policies and protocols for pregnant
persons who have contact with law enforcement through
traffic stops, street stops, searches, arrests, or any
other contact.
``(3) No later than 2 years after receipt of a grant under
this section, a State shall certify to the Attorney General of
the United States that such training sessions have been
completed.
``(c) Compliance and Ineligibility.--
``(1) Compliance date.--The period specified under this
paragraph is the period beginning 120 days after the date of
enactment of this part, to comply with subsection (a), except
that--
``(A) the Attorney General may grant an additional
120 days to a State that is making good faith efforts
to comply with such subsection; and
``(B) the Attorney General shall waive the
requirements of subsection (a) if compliance by a State
would be unconstitutional under the constitution of
such State.
``(2) Ineligibility.--A State that is not in compliance
with the requirements of subsection (a) during a fiscal year is
not eligible to apply for a grant under this part during the
next fiscal year.
``SEC. 3053. USE OF FUNDS.
``A grantee may use the grant to--
``(1) pay for costs associated with carrying out section
3052(b), including attendance by law enforcement officers or
professionals at an approved training course, including a
course provided by a law enforcement training academy of a
State or unit of local government;
``(2) procure training continuing education on 1 or more of
the topics described in section 3052(b) from a certified
entity;
``(3) in the case of a law enforcement agency of a unit of
local government that employs fewer than 50 law enforcement
officers (determined on a full-time equivalent basis), pay for
the costs of overtime accrued as a result of the attendance of
a law enforcement officer or covered professional at an
approved training course for which the costs associated with
conducting the approved training course are paid using amounts
provided under this section; and
``(4) pay for the costs of developing mechanisms to comply
with the certification requirement established under section
3052(b)(3), in an amount not to exceed 5 percent of the total
amount of the grant award.
``SEC. 3054. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated to carry out this part
$20,000,000 for each of fiscal years 2022 through 2026.''.
SEC. 103. REPRESENTATION IN LAW ENFORCEMENT GRANT PROGRAM.
(a) Establishment.--There is established a grant program to improve
recruitment and retention of women law enforcement officers.
(b) Authority.--Not later than 60 days after the date of enactment
of this Act, the Director of the Office of Community Oriented Policing
Services of the Department of Justice shall make a grant to a law
enforcement agency or department eligible for a grant under part Q of
title I of the Omnibus Crime Control and Safe Streets Act of 1968.
(c) Eligible Activities.--Amounts from a grant made under this
section may be used only for the following:
(1) Establishing working groups, committees, or advisory
boards to review current hiring practices to include--
(A) recruitment procedures;
(B) advertised job descriptions;
(C) images used on recruitment materials;
(D) the process of reviewing applications;
(E) required tests; and
(F) the procedures and individuals or groups
selected to interview candidates.
(2) Producing and distributing recruitment materials with
inclusive racial and gender representation as well as language
focused on a variety of important skills and/or qualifications
for law enforcement officers.
(3) Outreach to groups or locations with predominantly
women in attendance.
(4) Providing on-site child care at law enforcement
academies.
(5) Improving parental and family leave policies.
(6) Establishing mentoring programs.
(7) Training recruiters and academy staff on the importance
of a diverse workforce, implicit bias, and equal employment
opportunity matters.
(d) Authorization of Appropriations.--There is authorized to be
appropriated $5,000,000 for each of fiscal years 2022 through 2026.
TITLE II--FAMILY REUNIFICATION TO REDUCE RECIDIVISM AND PROTECT
CHILDREN
SEC. 201. PARENT-FOCUSED BAIL REFORM.
Section 3142(g)(3)(A) of title 18, United States Code, is amended
by inserting ``minor or dependent children and whether detention would
negatively impact a child, including through potential loss of
custody,'' after ``family ties,''.
SEC. 202. TEMPORARY RELEASE FROM IMPRISONMENT TO MAINTAIN COMMUNITY
TIES.
Title 18, United States Code, is amended by striking section 3622
and inserting:
``Sec. 3622. Temporary release
``(a) Generally.--The Bureau of Prisons and the United States
Marshals Service shall release an individual from imprisonment for a
limited period if such release is authorized by the warden or a
judicial officer under subsection (c) and in accordance with the
facility or officer's prescribed conditions, to--
``(1) visit a designated place for a period not to exceed
thirty days without specific authorization, and then return to
the same or another facility, for the purpose of--
``(A) obtaining medical treatment not otherwise
available, including access to sexual assault nurse
examiners;
``(B) establishing or reestablishing family or
community ties; or
``(C) attending court proceedings concerning
juvenile custody or dependency of a minor or dependent
child;
``(2) visit a designated place for a period not to exceed
seven days without specific authorization, and then return to
the same or another facility, for the purpose of--
``(A) visiting a relative who is dying;
``(B) attending a funeral of a relative;
``(C) contacting a prospective employer; or
``(D) engaging in any other significant activity
consistent with the public interest; or
``(3) participate in a training or educational program in
the community while continuing in official detention at the
prison facility; or
``(4) work at paid employment in the community while
continuing in official detention at the penal or correctional
facility if the rates of pay and other conditions of employment
will not be less than those paid or provided for work of a
similar nature in the community.
``(b) Definition.--As used in this section, the term `imprisonment'
means custodial detention, juvenile official detention, or community
supervision, both prior to a trial or a dispositional hearing, and
after conviction or adjudication.
``(c) Petition.--Upon petition from a person who is under an order
of imprisonment, a judicial officer is authorized to release such
person under subsection (a) and may set the least restrictive
conditions of release necessary to meet the requirements of safety and
justice. Such authorization shall be provided for the purposes listed
in subsection (a) if it is consistent with the purpose for which any
sentence was imposed if applicable and any pertinent policy statement
issued by the Sentencing Commission pursuant to section 994(a)(2) of
title 28, United States Code, unless a factual showing is made to the
court demonstrating that the release would create an imminent risk of
flight or harm to the incarcerated person or others.''.
SEC. 203. UPDATING CUSTODY REQUIREMENTS TO PRESERVE FAMILIES.
Section 475(5)(E) of the Social Security Act (42 11 U.S.C.
675(5)(E)) is amended--
(1) by striking ``15 of the most recent 22 months'' and
inserting ``24 consecutive months and who is not in the care of
kin (including fictive kin), the State may consider filing or
joining a petition for modification or termination of parental
rights only after demonstrating by clear and convincing
evidence that the State has provided to the family of the child
such services, supports, and time needed to address the reasons
for foster care and enable the family to safely reunify, and by
demonstrating compelling reasons why the modification or
termination is in the best interest of the child, and if the
child is living with a kinship (including fictive kinship)
caregiver, the State agency shall provide a meaningful
opportunity for the kinship (including fictive kinship)
caregiver to express whether modification or termination is or
is not in the best interests of the child and shall document
such in the case plan of the child'';
(2) by striking clause (i) and redesignating clauses (ii)
and (iii) as clauses (i) and (ii), respectively;
(3) in clause (ii) (as so redesignated by paragraph (2) of
this section), by striking the semicolon and inserting a comma;
and
(4) by inserting after and below clause (ii) (as so
redesignated) the following: ``except that, in the case of a
child to whom this subparagraph applies solely because the
child has been in foster care under the responsibility of the
State for 24 consecutive months and is not in the care of kin
(including fictive kin), the State may not file or join such a
petition if a parent of the child is actively engaged in
services to address the reasons the child entered care
(including treatment for substance use disorder, mental health
concerns, or parenting skills), if based principally on the
incarceration of a parent, or if based principally on the
detention of the parent by the Department of Homeland Security
or the deportation of the parent;''.
TITLE III--GENDER-INFORMED ALTERNATIVES TO INCARCERATION
SEC. 301. FEDERAL PRETRIAL DIVERSION.
(a) In General.--Chapter 201 of title 18, United States Code, is
amended by adding the following new section at the end:
``Sec. 3015. Federal pretrial diversion
``(a) Definitions.--The following terms apply in this section:
``(1) Criminal case.--The term `criminal case' means a
Federal criminal offense or Federal juvenile adjudication where
a criminal complaint, information or indictment has been filed,
or where a criminal complaint, information or indictment has
not been filed and the Government has a reasonable belief that
a prosecutable Federal offense may be filed.
``(2) Divertee.--The term `divertee' means an adult or
juvenile who is accepted to participate in a pretrial diversion
program.
``(3) Pretrial diversion.--The term `pretrial diversion'
means an alternative to criminal prosecution that diverts a
defendant or juvenile away from the traditional criminal
justice process into a recidivism reduction plan, and which
results in a diversionary disposition to a divertee who
successfully completes such recidivism reduction plan.
``(4) Diversionary disposition.--The term `diversionary
disposition' means the termination of a criminal case that
results in--
``(A) the Government not filing a criminal
complaint, information, indictment or charge in a
criminal case;
``(B) dismissal of a criminal complaint,
indictment, information or charge against a divertee;
or
``(C) a conviction and imposition of a sentence, or
a juvenile adjudication and disposition, that does not
include a term of incarceration, imprisonment or
official detention.
``(5) Recidivism reduction plan.--The term `recidivism
reduction plan' means a plan, ordered to be completed by the
Court, and that the divertee agrees to complete in exchange for
a diversionary disposition which--
``(A) shall include supervision, at a frequency and
level to be determined by the Court; and
``(B) may include classes, treatment, programs,
assistance, requirements, restrictions, or other
conditions that are gender-responsive, and are tailored
specifically to the needs of the divertee, which shall
include partnerships with nonprofit community-based
organizations, and shall include--
``(i) assistance with seeking, obtaining,
and maintaining employment;
``(ii) placement in job placement programs
that partner with private employers;
``(iii) job skills classes, including
computer skills, technical skills, vocational
skills, and any other job-related skills;
``(iv) assistance with locating and
maintaining housing, including family-
accessible housing, which may include
counseling as to public housing opportunities,
assistance with applications for public housing
benefits, and locating and/or securing
temporary or long-term housing;
``(v) obtaining an identification card or
driver's license;
``(vi) registering to vote, and applying
for voting rights to be restored, where
permitted by law;
``(vii) assistance with, and requirements
to apply for and remain in education programs,
including assistance with applications for
higher education loans and program admission;
``(viii) financial counseling;
``(ix) referrals for legal assistance to
pursue record expungement, family law and
custody matters, legal aid services, and
relevant civil matters including housing and
other issues;
``(x) assistance with obtaining
transportation, including through provision of
transit fare;
``(xi) familial counseling and parenting
classes;
``(xii) problem-solving and life-skills
assistance or classes;
``(xiii) assistance with communication
needs, including providing a mobile phone,
mobile phone service or access, or internet
access;
``(xiv) assistance with applications for
State or Federal Government benefits, where
eligible;
``(xv) mentorship, including through
programs that facilitate such services by
formerly incarcerated or convicted individuals;
``(xvi) physical and emotional trauma-
informed treatment, counseling, and therapy;
``(xvii) medical and or mental health
services, and cognitive-behavioral programming;
``(xviii) substance use treatment and
testing, including family-based residential
drug treatment;
``(xix) reactivation, application for and
maintaining professional or other licenses;
``(xx) payment of restitution, where
appropriate;
``(xxi) restorative justice-based
requirements; and
``(xxii) any other needs-based assistance
or requirement designed to reduce recidivism.
``(6) Restorative justice.--The term `restorative justice'
means a creative solution that focuses on repairing the harm
caused by crime and reducing future harm through crime
prevention, and which requires justice-involved individuals to
take responsibility for their actions, seeks redress for
victims, and the healing and reintegration of both within the
community.
``(b) Diversion Authorized.--Upon application by a defendant, the
Government, United States Probation and Pretrial Services, or sua
sponte by the Court, a United States Court with jurisdiction over a
criminal case may divert such case into a pretrial diversion program
under this section at any time prior to imposition of a sentence or
disposition.
``(c) Participation Requirements.--Participation in the program
requires--
``(1) voluntary agreement to participate by the divertee,
after being presented with the Court's proposed pretrial
diversion order as required under subsection (e);
``(2) a signed waiver by the divertee that waives the right
to a speedy trial for as much time as is needed for
participation in the diversionary program as determined by the
Court, and waiver of presentment of the case within the statute
of limitations, if necessary, as determined by the Court; and
``(3) that the divertee be afforded the advice of counsel,
and if the divertee cannot afford counsel, that counsel be
appointed at no cost to the divertee.
``(d) Pretrial Diversion Determination Application Process.--Upon
the application for pretrial diversion of a criminal case, the
applicant shall be referred to either the Chief Pretrial Services
Officer or the Chief Probation Officer for a report, that shall
include--
``(1) the applicant's criminal history, background and
characteristics, and the facts surrounding an applicant's
criminal case;
``(2) a recommendation to the Court whether a pretrial
diversion program is appropriate for the applicant; and
``(3) a needs-based assessment of the applicant, and a
recommendation for a recidivism reduction plan tailored to the
needs of the applicant, whether or not a pretrial diversion
program is recommended.
``(e) Pretrial Diversion Order.--Upon review of the report
described in subsection (e), and any argument, testimony and evidence
presented by the Government and the applicant, the Court shall enter an
order approving or denying the application of pretrial diversion, such
an order shall include--
``(1) in the case of an order denying the application of
pretrial diversion, a statement of reasons for such denial; and
``(2) in the case of an order granting the application of
pretrial diversion--
``(A) the date that the pretrial diversion period
begins, and date, whereby, if successful completion is
determined by the Court, a diversionary disposition may
be entered;
``(B) the recidivism reduction plan which must be
successfully completed by the divertee in order to
receive a diversionary disposition;
``(C) the type of diversionary disposition that the
divertee will receive if the divertee successfully
completes the recidivism reduction plan, including
opportunities for record expungement, which shall
include the approval of the Government where required
by law; and
``(D) the alternative disposition of the criminal
case if the Court determines the divertee has not
successfully completed the recidivism reduction plan.
``(f) Unsuccessful Termination of Pretrial Diversion.--A divertee
is entitled to a hearing before the divertee's pretrial diversion may
be terminated. Upon breach of a condition of the recidivism reduction
plan by the divertee, the U.S. Probation and Pretrial Services Office
may so inform the Court, who shall determine whether such breach should
warrant termination of diversion.
``(g) Successful Termination of Pretrial Diversion.--If the Court
determines that a divertee has successfully completed a recidivism
reduction program as provided in the terms of the pretrial diversion
order, the Court shall enter a diversionary disposition order, as
follows:
``(1) Upon approval of the Government, a criminal
complaint, information, indictment or charge in a criminal case
shall not be filed, and the Court shall order proceedings
terminated.
``(2) Upon approval of the Government, dismissal of a
criminal complaint, information, indictment or charge against a
divertee shall be ordered and proceedings terminated.
``(3) In the case of a divertee who has agreed to plead
guilty to a criminal offense, a judgment of conviction and
imposition of a sentence, or a juvenile adjudication shall be
ordered, and notwithstanding any mandatory term of imprisonment
provided for by law, the Court may order no term of
incarceration.
The Court is authorized to permit withdrawal of a guilty plea under
this subsection.
``(h) Confidentiality.--All information obtained in the course of
making the decision to divert a justice-involved individual and all
information obtained by treatment providers, class instructors, and
other required program providers in the course of completing a
recidivism reduction plan shall not be used against the divertee in
criminal proceedings or at sentencing, except that in the case of a
recommendation for termination of diversion, information regarding the
divertee's participation in such program may be used for purposes of
termination proceedings.
``(i) Pretrial Diversion Program Preference.--Where authorized by
law, pretrial diversion program acceptance shall be prioritized in
criminal cases where an applicant demonstrates a history of physical or
emotional trauma, sexual or physical abuse, substance abuse, mental
illness, or vulnerable circumstances such as pregnancy, disability,
homelessness, physical health challenges, or the immediate familial
economic needs of an applicant.''.
(b) Conforming Amendment.--The table of contents of chapter 201 of
title 18, United States Code, is amended by adding at the end the
following:
``3015. Federal pretrial diversion''.
TITLE IV--CONSPIRACY REFORM ACT--FIXING THE ``GIRLFRIEND PROBLEM''
SEC. 401. FOCUSING PENALTIES FOR DRUG CONSPIRACY.
(a) Controlled Substances Act.--Section 406 of the Controlled
Substances Act (21 U.S.C. 846) is amended by striking ``subject to the
same penalties as those prescribed for the offense, the commission of
which was the object of the attempt or conspiracy'' and inserting
``fined under title 18, United States Code, imprisoned not more than 5
years, or both, except that in no case may the penalty for an offense
under this section exceed any penalty for the underlying substantive
offense, the commission of which was the object of the attempt or
conspiracy''.
(b) Controlled Substances Import and Export Act.--Section 1013 of
the Controlled Substances Import and Export Act (21 U.S.C. 963) is
amended by striking ``subject to the same penalties as those prescribed
for the offense, the commission of which was the object of the attempt
or conspiracy'' and inserting ``fined under title 18, United States
Code, imprisoned not more than 5 years, or both, except that in no case
may the penalty for an offense under this section exceed the penalty
for the underlying offense, the commission of which was the object of
the attempt or conspiracy''.
SEC. 402. INCREASING JUDICIAL DISCRETION TO SENTENCE LESS CULPABLE
JUSTICE-INVOLVED INDIVIDUALS.
(a) In General.--Section 3553(e) of title 18, United States Code,
is amended--
(1) by striking ``Upon motion'' and inserting:
``(1) Motion of the government.--Upon motion'';
(2) by striking the second sentence; and
(3) by adding at the end the following:
``(2) Motion of a party or the court.--The Court, sua
sponte, or on the motion of a party, shall have the authority
to impose a sentence below a level established by statute as a
minimum sentence if the defendant shows that--
``(A) the defendant did not provide substantial
assistance described in paragraph (1) based on a
reasonable fear of serious bodily injury (as such term
is defined in section 113) to the defendant, an
intimate partner, child, or other family member of the
defendant;
``(B) the prosecution fails to demonstrate that the
defendant has useful information that could be used by
the Government in the investigation or prosecution of
another person who has committed an offense; or
``(C) the defendant has provided substantial
assistance described in paragraph (1), but the
Government has not made a motion under such paragraph.
``(3) Sentencing guidelines.--A sentence under paragraph
(1) or (2) shall be imposed in accordance with the guidelines
and policy statements issued by the Sentencing Commission
pursuant to section 994 of title 28, United States Code.''.
(b) Counterfeit Controlled Substances.--Section 401 of the
Controlled Substances Act (21 U.S.C. 841) is amended by adding at the
end the following:
``(i) In the case of a person who conspires to commit an offense
under this title, the type and quantity of the controlled or
counterfeit substance for the offense that was the object of the
conspiracy shall be the type and quantity involved in--
``(1) the defendant's own unlawful acts; and
``(2) any unlawful act of a co-conspirator that--
``(A) the defendant agreed to jointly undertake;
``(B) was in furtherance of that unlawful act the
defendant agreed to jointly undertake; and
``(C) was known to and intended by the
defendant.''.
(c) Counterfeit Controlled Substances Import and Export.--Section
1010 of the Controlled Substances Import and Export Act (21 U.S.C. 960)
is amended by adding at the end the following:
``(e) In the case of a person who conspires to commit an offense
under this title, the type and quantity of the controlled or
counterfeit substance for the offense that was the object of the
conspiracy shall be the type and quantity involved in--
``(1) the defendant's own unlawful acts; and
``(2) any unlawful act of a co-conspirator that--
``(A) the defendant agreed to jointly undertake;
``(B) was in furtherance of that unlawful act the
defendant agreed to jointly undertake; and
``(C) was known to and intended by the
defendant.''.
SEC. 403. CLARIFYING CULPABILITY AT SENTENCING.
Section 3661 of title 18, United States Code, is amended by
striking the period at the end and inserting the following: ``, except
that such a court may not consider, except for purposes of mitigating a
sentence--
``(1) any act with respect to which the person was
criminally charged and adjudicated not guilty after trial in a
Federal, State, or Tribal, court, or in the case of a juvenile
an act that was charged and for which the juvenile was found
not responsible after a juvenile adjudication hearing; or
``(2) any act underlying a criminal charge or juvenile
information that was dismissed in a Federal court upon a motion
for acquittal under rule 29 of the Federal Rules of Criminal
Procedure, or in a State or Tribal court upon a motion for
acquittal or an analogous motion under the applicable State
rule of criminal procedure.''.
TITLE V--GENDER-RESPONSIVE AND TRAUMA-INFORMED IMPOSITION OF A SENTENCE
SEC. 501. GENDER AND TRAUMA-INFORMED SENTENCING.
Section 3553 of title 18, United States Code, is amended in
subsection (a)(2)--
(1) in subparagraph (C), by striking ``and''; and
(2) by striking subparagraph (D) and inserting the
following:
``(D) to reflect any mitigation on behalf of the
defendant, including any history of trauma, substance
use, or medical and mental health disorders; and
``(E) to provide the defendant with gender-
responsive needed educational or vocational training,
medical care, trauma-informed mental health care, or
other correctional treatment in the most effective
manner;''.
TITLE VI--GENDER-RESPONSIVE PRISON REFORM
SEC. 601. HEALTH CARE NEEDS OF INCARCERATED WOMEN IN THE BUREAU OF
PRISONS.
(a) In General.--The Director of the Bureau of Prisons, in
consultation with the Administrator of the Women and Special
Populations Branch, shall ensure that all incarcerated women have
access to basic standards of health care specific to their needs.
(b) Obstetrics and Gynecology.--The Director shall ensure that all
incarcerated persons in need of obstetric or gynecological care have
access to a licensed medical professional with specialized training in
such care, which shall include, in addition to any medical treatment
provided by law and Bureau of Prisons policy--
(1) a screening upon intake into the Bureau of Prisons, and
annual screening thereafter, that shall include screening for
high-risk factors as provided under subsection (c);
(2) testing for Hepatitis A, B, and C;
(3) tuberculosis skin testing;
(4) testing for sexually transmitted infections, which
shall include chlamydia, gonorrhea, syphilis, and human
immunodeficiency virus (HIV), and may include testing for other
infections if symptoms present;
(5) a breast examination screening no less frequently than
recommended by medical professionals adhering to guidelines
published by the Secretary of Health and Human Services; and
(6) a pelvic examination to include a Pap smear and testing
for human papillomavirus (HPV) no less than every three years,
but within 48 hours if medical history or symptoms require,
with the option of being accompanied by a trained medical
chaperone during this examination.
(c) Human Papillomavirus Vaccine for Juveniles.--The Director shall
amend Bureau of Prisons policy for human papillomavirus screening and
vaccination to include access for juvenile justice-involved
individuals.
(d) Dental Care.--The Director shall ensure that dental care for
incarcerated persons complies with the standards developed by the
Americans with Disabilities Act (ADA), Standards Administration
Department, and not later than one year after enactment of this
section, the Director, in consultation with the Chief of Dental
Programs shall report to the Committees on the Judiciary of the Senate
and the House of Representatives and the Subcommittees on Commerce,
Justice, Science, and Related Agencies of the Committees on
Appropriations of the Senate and the House of Representatives, and such
report shall include--
(1) the number of incarcerated persons who have requested
dental care, disaggregated by race and gender;
(2) the number of incarcerated persons who have received
dental care, disaggregated by race and gender;
(3) the number of incarcerated persons who are on waitlists
for dental care disaggregated by race and gender; and
(4) the number of incarcerated persons who have been
refused requested dental care, disaggregated by race and
gender, and the reasons for such refusals.
(e) High-Risk Incarcerated Person Healthcare.--Female incarcerated
persons who present with any high-risk factors during any screening,
shall be provided with care as follows:
(1) Screening for bone density in postmenopausal persons
younger than 65 years if any of the following risk factors are
noted:
(A) Medical history of a fragility fracture.
(B) Body weight less than 127 pounds.
(C) Medical causes of bone loss (medications or
diseases).
(D) Parental medical history of hip fracture.
(E) Current smoker.
(F) Alcoholism.
(G) Rheumatoid arthritis.
(2) For incarcerated persons with a medical history of
preeclampsia who gave birth less than 37\0/7\ weeks of
gestation, or who have a medical history of recurrent
preeclampsia, a yearly assessment of blood pressure, lipids,
fasting blood glucose, and body mass index.
(3) Screening for colorectal cancer for incarcerated
persons who--
(A) are age 50 and above;
(B) have a first-degree relative younger than age
60 or two or more first-degree relatives of any age who
have had colorectal cancer;
(C) have a family history of familial adenomatous
polyposis or hereditary nonpolyposis colon cancer; or
(D) have a history of colorectal cancer,
adenomatous polyps, inflammatory bowel disease, chronic
ulcerative colitis, or Crohn's disease.
(4) Diabetes testing for incarcerated persons who--
(A) are overweight or obese;
(B) every three years for any incarcerated person
who has delivered a baby weighing 9 pounds or more, or
was diagnosed with gestational diabetes mellitus (GDM)
and normal postpartum screening test results;
(C) have been diagnosed with hypertension or are on
therapy for hypertension;
(D) have been diagnosed with a high cholesterol
level or a high triglyceride level;
(E) have been diagnosed with polycystic ovary
syndrome;
(F) have other clinical conditions associated with
insulin resistance; or
(G) have a history of cardiovascular disease.
(5) Hemoglobin level assessments for incarcerated persons
who have a history of excessive menstrual flow.
(6) Lipid profile assessments for incarcerated persons
who--
(A) have a family history suggestive of familial
hyperlipidemia;
(B) have a family history of premature
cardiovascular disease;
(C) have a previous personal history of coronary
heart disease or noncoronary atherosclerosis, or
abdominal aortic aneurysm, peripheral artery disease,
or carotid artery stenosis;
(D) are obese;
(E) have a personal or family history of peripheral
vascular disease;
(F) have diabetes mellitus;
(G) have multiple coronary heart disease risk
factors, such as tobacco use and hypertension;
(H) an annual lipid assessment for female
incarcerated persons who have a medical history of
preeclampsia who gave birth preterm, or who have a
medical history of recurrent preeclampsia.
(7) A mammography and triple negative breast cancer
screening for incarcerated persons who--
(A) have had breast cancer or who have a first-
degree relative or multiple other relatives who have a
history of premenopausal breast or breast and ovarian
cancers;
(B) have tested positive for BRCA1 or BRCA2
mutations;
(C) received thoracic irradiation, a typically as a
treatment for lymphoma, between the ages of 10 and 30;
and
(D) have a personal history of high-risk breast
biopsy results, including atypical hyperplasia and
lobular carcinoma in situ.
(8) Thyroid-stimulating hormone testing for female
incarcerated persons with a strong family history of thyroid
disease or autoimmune disease.
(9) Screening and appropriate treatment for incarcerated
persons with diagnosis of sickle cell anemia.
(f) Contraceptive Case.--The Director shall ensure access to
contraceptive care for an incarcerated person if determined to be
medically recommended by a licensed obstetrician-gynecologist.
(g) Confidentiality.--All medical reports and health records
drafted or stored within the Bureau of Prisons may not be exchanged,
transferred, or used for the purpose of any criminal investigation or
prosecution federally, or under the laws of any State, local or Tribal
government.
SEC. 602. TRAUMA-INFORMED CARE.
(a) Training.--The Director of the Bureau of Prisons, in
collaboration with the Bureau of Prisons Health Services Department,
the Bureau of Prisons Women and Special Populations Branch, and the
Department of Health & Human Services, shall develop and implement
training for Bureau of Prisons officers and employees that complies
with national standards on trauma-informed care, and which shall
include--
(1) recognition of the impact of trauma on multiple areas
of life and different paths to recovery;
(2) awareness of the signs and symptoms of trauma, and
methods to respond to trauma;
(3) training on revised policies and practices that account
for and are sensitive to potential trauma histories;
(4) methods to prevent retraumatization; and
(5) awareness of the high rates of trauma among
incarcerated persons and the higher rates of trauma among
female incarcerated persons, and the causes of such trauma.
(b) Trauma Screening.--The Director of the Bureau of Prisons, in
collaboration with the Bureau of Prisons Health Services Department,
the Bureau of Prisons Women and Special Populations Branch, and the
Department of Health & Human Services, shall develop and implement a
trauma-screening program upon intake of all incarcerated persons into
the Bureau of Prisons. Such screening shall also be incorporated into
the periodic assessments of incarcerated persons under section 101 and
section 102 of the First Step Act.
(c) Trauma-Informed Therapy and Counseling.--The Director of the
Bureau of Prisons, in collaboration with the Bureau of Prisons Health
Services Department, the Bureau of Prisons Women and Special
Populations Branch, and the Department of Health & Human Services,
shall create trauma, and posttraumatic stress disorder, counseling and
trauma-informed support programs for incarcerated persons who have
experienced trauma, which programs shall be administered by a licensed
mental health professional, and shall include--
(1) assistance with methods to cope with trauma, including
the development of safety plans and strategies for dealing with
triggers; and
(2) programs and therapy modalities that directly address
trauma within incarcerated populations, which may include--
(A) programs designed for the treatment of
individuals with co-occurring post-traumatic stress
disorder and substance use symptoms;
(B) group intervention programs;
(C) individual counseling;
(D) gender-responsive programs for female trauma
survivors;
(E) programs designed for trauma survivors who have
severe mental health disorders;
(F) Prolonged Exposure Therapy;
(G) Eye Movement Desensitization and Reprocessing;
(H) peer-to-peer support programming; and
(I) any other evidence-based trauma-informed and
gender-responsive treatment or therapy.
(d) Report.--Beginning on the date that is 2 years after the date
of enactment of this title, and annually thereafter, the Bureau of
Justice Statistics shall submit a report to the Committees on the
Judiciary of the Senate and the House of Representatives and the
Subcommittees on Commerce, Justice, Science, and Related Agencies of
the Committees on Appropriations of the Senate and the House of
Representatives that contains the following:
(1) The number of incarcerated persons screened for trauma
exposure under this title, and the number of incarcerated
persons presenting with a history of exposure to trauma at
intake and upon reassessment, including demographic percentages
by age, race, and gender.
(2) The specific trauma-informed counseling and treatment
programs developed under subsection (c).
(3) The number of incarcerated persons who participate in
each trauma-informed counseling and treatment program developed
under subsection (c), including demographic percentages by age,
race, and gender.
(4) The number of incarcerated persons on a waitlist for
such program developed under subsection (c), including
demographic percentages by age, race, and gender.
The Director of the Bureau of Prisons shall promptly respond to
requests from the Bureau of Justice Statistics for access to Bureau of
Prisons facilities, personnel, and information, in the completion of
this report.
SEC. 603. TRAUMA-INFORMED AND GENDER-RESPONSIVE TRAINING AND STAFFING.
(a) Gender-Responsive Training.--The Director of the Bureau of
Prisons, in collaboration with the Bureau of Prisons Health Services
Department, the Bureau of Prisons Women and Special Populations Branch,
and the Department of Health & Human Services, shall develop and
implement gender-responsive training for Bureau of Prisons officers and
employees which shall include incorporating gender-responsive
components to all existing training for all correctional officers and
employees, and shall include separate training on the unique needs of
incarcerated women for all correctional officers and employees in
facilities that house women and female juveniles, and all such
trainings shall include training on--
(1) common characteristics of female incarcerated persons,
including data on the numbers of women in Bureau of Prisons
custody, and generally the race, charges, age, and common
sentences of women in the criminal justice system;
(2) reasons why women enter the criminal justice system,
and gender-responsive policy and practice that target women's
pathways to criminality by providing effective interventions
that address the intersecting issues of substance abuse,
trauma, mental health, and economic marginality;
(3) the high rates of trauma that justice involved women
are exposed to;
(4) the high rates of mental health diagnosis among women
justice-involved individuals;
(5) the menstrual needs, general health, and reproductive
health care needs, of women;
(6) the high rates of motherhood amongst female
incarcerated persons, and their ongoing roles as mothers and
community members; and
(7) the low risk to public safety created by the typical
offenses committed by justice-involved women.
(b) Staffing.--The Director of the Bureau of Prisons shall ensure
that correctional employees dedicated to the Women And Special
Populations Branch be--
(1) sufficient to ensure consistent, professional
supervision of female incarcerated persons;
(2) sufficient to ensure proper gender-responsive
implementation of Bureau of Prisons polices and legislative
mandates;
(3) sufficient to properly evaluate programming needs,
develop, and administer programs for all eligible female
incarcerated persons;
(4) sufficient to ensure that women prisoners in the Bureau
of Prisons are healthy and safe from harm; and
(5) shall not be less than twelve full time employees.
SEC. 604. IMPROVING THE BUREAU OF PRISONS RESOLVE TRAUMA THERAPY
PROGRAM.
(a) Generally.--The Director shall ensure that the Resolve Trauma
Therapy Program is offered at all institutions that house female
incarcerated persons, and that all female incarcerated persons who seek
treatment through the Resolve Trauma Therapy Program have access to
such program beginning during the first twelve months of the
incarcerated person's sentence.
(b) Resolve Program Prerequisite Notice and Access.--The Director
shall ensure that all female incarcerated persons are provided notice
of the Resolve Program and the prerequisites for admittance into the
program. Any such prerequisites, which may include a Trauma in Life
seminar and psychological screening test, shall be offered to all
female incarcerated persons to begin within 60 days of intake into the
Bureau of Prisons.
(c) Resolve Program Staffing.--The Director shall ensure that
sufficient correctional employees are employed at each facility that
houses female incarcerated persons, in order to comply with this
section, which shall include, at minimum, one Resolve Coordinator at
each location and one Treatment Specialist, but may include any number
of correctional employees as needed.
(d) Spanish Language Resolve Program.--The Director shall ensure
that the Resolve Program is offered in Spanish and accessible for all
Spanish-speaking female incarcerated persons.
(e) Report.--Beginning on the date that is 1 year after the date of
enactment of this title, and annually thereafter, the Attorney General
shall submit a report to the Committees on the Judiciary of the Senate
and the House of Representatives and the Subcommittees on Commerce,
Justice, Science, and Related Agencies of the Committees on
Appropriations of the Senate and the House of Representatives that
contains the following:
(1) The number of female incarcerated persons who complete
the Trauma in Life seminar and psychological screening test
prerequisites for access to the Resolve Program, and whether
each incarcerated person began such Resolve Program
prerequisites within 60 days of intake into the Bureau of
Prisons, and if not within 60 days of intake when they began
program prerequisites.
(2) The number of female incarcerated persons who complete
the Resolve Program, annually, and whether such program
participation began within 1 year of intake into the Bureau of
Prisons, and if not, how soon such program participation began
and was completed.
(3) The number of individuals on waitlists, if any, for
Resolve Program access.
(4) The number of full-time correctional employees
dedicated to work within the Resolve Program and vacancies
during the previous calendar year.
(5) The number of female incarcerated persons who complete
the Resolve Program in Spanish, and the number of Spanish-
speaking female incarcerated persons who are on waitlists for
program access.
(6) The number of female incarcerated persons who qualify
for Resolve Program access but were not afforded participation
in the program before release.
SEC. 605. GENDER-RESPONSIVE PROGRAMS IN THE BUREAU OF PRISONS.
(a) Generally.--The Director, in consultation with the Director of
the Women and Special Populations Branch, shall ensure that all
incarcerated person programs and services are gender-responsive and all
programs shall--
(1) consider the national profile of women who enter the
criminal justice system, which is most often disproportionately
women of color, and women who are likely to have been convicted
of a drug or drug-related offense, have fragmented family
histories, with other family members also involved with the
criminal justice system, are survivors of physical and/or
sexual abuse as children and adults, have significant substance
abuse problems, have multiple physical and mental health
problems, are mothers and legal guardians of minor children,
and have limited vocational training and sporadic work
histories;
(2) be evidence-based, and responsive to data concerning
the distinguishing aspects of different genders of justice-
involved individuals;
(3) address substance misuse, trauma, and mental health
issues through comprehensive, integrated, services;
(4) provide opportunities through education and training to
provide women with opportunities to improve socioeconomic
conditions;
(5) have a relational component wherever possible, and
goals to promote healthy connections to children, family,
significant others, and the community;
(6) consider the pattern of emotional, physical, and sexual
abuse that many female justice-involved individuals have
experienced, and mitigate against an abusive environment and
traumatization; and
(7) be otherwise gender-responsive based on empirical
evidence and research.
(b) Ensuring First Step Act Early Release Programs Are Gender-
Responsive.--Section 3635(3) of title 18, United States Code, is
amended--
(1) in subparagraph (B), by striking ``and'';
(2) by redesignating subparagraph (C) as subparagraph (D);
and
(3) by inserting the following after subparagraph (B):
``(C) are gender-responsive, in compliance with
section 5 of title VI of the Gender-Informed Justice
Act; and''.
SEC. 606. GENDER-RESPONSIVE PRISON CONDITIONS.
(a) Generally.--The Director shall ensure all institutions that
house female incarcerated persons maintain the same minimum standard of
care and conditions as institutions that house male incarcerated
persons. Lack of resources shall not be sufficient reason for failing
to meet minimum standards of treatment or conditions where such failure
constitutes a violation of incarcerated persons' constitutional or
statutory rights.
(b) Minimum Standard of Conditions.--The term ``standard of
conditions'' means the provision of adequate care and treatment in
compliance with the United States Constitution and laws of the United
States, and shall at minimum include--
(1) safe and orderly conditions in all correctional
institutions;
(2) a goal to prepare prisoners to live law-abiding lives
upon release, and to facilitate prisoners' reintegration into
free society by implementing appropriate conditions of
confinement and by sustained planning for such reintegration;
(3) protection of incarcerated persons from harm, with
restrictions placed on incarcerated persons only that are
necessary and proportionate to the legitimate objectives for
which those restrictions are imposed;
(4) a respect of the human rights and dignity of
incarcerated persons, with no incarcerated person being
subjected to cruel, inhuman, or degrading treatment or
conditions;
(5) for a convicted individual, loss of liberty and
separation from society should be the sole punishments imposed
by imprisonment;
(6) appropriate levels of correctional officers and
employees;
(7) implementation of internal processes for continually
assessing and improving each correctional facility;
(8) humane and healthful living conditions;
(9) necessary health care;
(10) freedom from staff harassment and invidious
discrimination;
(11) freedom of religion and substantial freedom of
expression;
(12) equal conditions conducive to maintaining healthy
relationships with families;
(13) equal opportunities to participate in constructive
activity and rehabilitative programs;
(14) access to gender-responsive and comprehensive
community-based reentry programs and planning, including family
reunification legal clinics within correctional facilities
where present;
(15) all Bureau of Prisons physical facilities shall--
(A) be adequate to protect and promote the health
and safety of incarcerated persons and staff;
(B) be clean and well-maintained;
(C) include appropriate housing, laundry, health
care, food service, visitation, recreation, education,
and program space;
(D) have appropriate heating and ventilation
systems;
(E) not deprive prisoners or staff of natural
light, of light sufficient to permit reading throughout
prisoners' housing areas, and of reasonable darkness
during the sleeping hours;
(F) be free from tobacco smoke and excessive noise;
(G) allow unrestricted access for prisoners to
potable drinking water and to adequate, clean,
reasonably private, and functioning toilets and
washbasins; and
(H) comply with health, safety, and building codes,
subject to regular inspection;
(16) all Bureau of Prisons facility housing conditions
shall--
(A) include living quarters of adequate size, with
single-occupancy cells as the preferred form of
housing, but facilities that must use multiple-person
living quarters should provide sufficient staffing,
supervision, and personal space to ensure safety for
persons and security for their belongings, and to
ensure that all living quarters and personal hygiene
areas are designed to facilitate adequate and
appropriate supervision of incarcerated persons and to
allow such persons privacy consistent with their
security classification;
(B) at a minimum, include a bed and mattress off
the floor for each incarcerated person, a writing area
and seating, an individual secure storage compartment
sufficient in size to hold personal belongings and
legal papers, a source of natural light, and light
sufficient to permit reading; and
(C) sufficient access to showers at an appropriate
temperature to enable each incarcerated person to
shower as frequently as necessary, and allowing for
gender appropriate separation, to maintain general
hygiene;
(17) living quarters and associated common areas shall be
maintained in a sanitary condition;
(18) correctional authorities should provide prisoners with
clean, appropriately sized clothing suited to the season and
facility temperature and to the prisoner's work assignment and
gender identity, in quantities sufficient to allow for a daily
change of clothing and permitting incarcerated persons
opportunities to mend and machine launder their clothing if the
facility does not provide these services;
(19) to the extent practicable and consistent with safety
concerns, correctional authorities should minimize the periods
during the day in which prisoners are required to remain in
their cells;
(20) incarcerated persons shall be provided daily
opportunities for significant out-of-cell time and for
recreation at appropriate hours that allows them to maintain
physical health and, for incarcerated persons not otherwise
prohibited by specific health or safety concerns, to socialize
with other incarcerated persons, and at minimum all
incarcerated persons shall be offered the opportunity for at
least one hour per day of exercise, in the open air if the
weather permits; and
(21) incarcerated persons should be permitted, whenever
practicable, to eat in a congregate setting, whether that is a
specialized room or a housing area dayroom, absent an
individualized decision that a congregate setting is
inappropriate for a particular individual, and incarcerated
persons shall be allowed an adequate time to eat each meal.
(c) Incarcerated Person Conditions During Menstruation.--The
Director, in consultation with the Director of the Women and Special
Populations Branch, shall ensure that incarcerated persons during the
time of menstruation are treated with dignity and respect, and that
such incarcerated persons are given appropriate medical and hygienic
care, including as necessary for pain relief. This shall include free
and adequate supply of menstrual materials as well as sufficient access
to toilet paper
SEC. 607. GENDER-SPECIFIC POSTS.
The Director shall ensure that ensure the assignment of female
staff at locations in female institutions where incarcerated person
searches are common, such that Bureau of Prisons is in compliance with
the Prison Rape Elimination Act of 2003 without requiring female
Correctional Officers to leave other assigned posts.
SEC. 608. FEMALE INCARCERATED PERSON NUTRITIONAL STANDARDS.
(a) Nutritional Standards for Female Incarcerated Persons.--The
Director shall revise the Bureau of Prisons standards for nutrition to
ensure they are gender-specific, and that women receive a healthy diet
consistent with national dietary guidelines for women.
(b) Nutraloaf Prohibited.--The Director shall ensure that food
quantity, type, or the prohibition of food, shall never be used as a
means of discipline, and the Bureau of Prisons shall never provide as
meals to incarcerated persons ``Nutraloaf'', ground up leftovers, or
any similar meal.
(c) Pregnant and Lactating Incarcerated Persons.--For pregnant and
lactating incarcerated persons nutrition standards shall reflect the
following:
(1) Access to at least 64-96 ounces of fluid per day.
(2) Access to appropriate dietary supplements.
(3) Caloric supplementation as medically appropriate not
from processed meats associated with listeriosis.
SEC. 609. GENDER-RESPONSIVE DISCIPLINE POLICIES.
(a) Generally.--The Director, in consultation with the Director of
the Women and Special Populations Branch, the Director of the Health
Services Division, and in consultation with experts in correctional
standards for gender-responsive sanctions, shall develop gender-
responsive policies for discipline, which shall--
(1) include a review of the existing Bureau of Prisons'
discipline and sanctions policies to evaluate where policies
are not gender-responsive, and to include gender-responsive
mission statements and goals and revise all policies and
standards to be gender-responsive;
(2) ensure that revised policies focus on safety,
motivation of incarcerated person behavior, and incarcerated
person self-management, including through methods to teach
incarcerated persons alternatives to rule violating behaviors
before such behaviors are displayed;
(3) include an understanding of gender-based peer dynamics
and relationships;
(4) acknowledge trauma, and how many rule violating
behaviors have roots in traumatic experiences;
(5) address gender-responsive and trauma-informed
approaches with female incarcerated persons;
(6) review common incarcerated person violation behavior
based on gender, and determine what sanctions and supports are
available to respond to the range of common behaviors, based on
gender;
(7) determine which sanctions can be reduced or eliminated
based on research and best practices, and which sanctions can
be added to achieve better outcomes with female incarcerated
persons, with a focus on sanctions that reinforce motivation
and rehabilitation rather than a punitive response; and
(8) eliminate the use of extremely punitive sanctions,
including shackling and segregated housing, except in
circumstances when an incarcerated person presents a severe
danger to other staff or incarcerated persons, and create
gender-responsive policies for the use of such sanctions.
(b) Visitation as a Disciplinary Tool.--The Director shall ensure
that loss of visitation privileges, including in-person, video,
electronic, phone, and physical mail opportunities, is reserved as a
sanction in only high and greatest severity level offenses by
incarcerated persons.
(c) Discipline Report.--Beginning on the date that is 1 year after
the date of enactment of this title, and annually thereafter, the
Attorney General shall submit a report to the Committees on the
Judiciary of the Senate and the House of Representatives that contains
the following information for the previous calendar year:
(1) The number of incarcerated persons who are sanctioned
for prohibited acts, disaggregated by race, gender, and age.
(2) The number of incarcerated persons who are sanctioned
for greatest severity level offenses, high severity level
offenses, moderate severity level offenses, low severity level
offenses, disaggregated by race, gender, and age.
(3) The number of incarcerated persons who lose good
conduct time as a sanction, the reason for loss of good conduct
time, and the amount of good conduct time lost, disaggregated
by race, gender, and age.
(4) The type of sanctions imposed for all greatest level
severity offenses, disaggregated by race, gender, and age of
the incarcerated person.
(5) The type of sanctions imposed for all high level
severity offenses, disaggregated by race, gender, and age of
the incarcerated person.
(6) The type of sanctions imposed for all moderate level
severity offenses, disaggregated by race, gender, and age of
the incarcerated person.
(7) The type of sanctions imposed for all low level
severity offenses, disaggregated by race, gender, and age of
the incarcerated person.
(8) All sanctions imposed on mentally ill incarcerated
persons, disaggregated by race, gender, and age of the
incarcerated person.
SEC. 610. EXPANDING ACCESS TO THE MOTHERS AND INFANTS NURTURING
TOGETHER PROGRAM AND THE RESIDENTIAL PARENTING PROGRAM.
(a) Notice.--The Director shall ensure that every correctional
officer and employee, and every female incarcerated person admitted
into the Bureau of Prisons, is given notice of the Washington State
Department of Corrections' Residential Parenting Program and the
Mothers and Infants Nurturing Together Program, and of the eligibility
requirements for each program.
(b) Eligibility.--The Director shall revise eligibility
requirements for the Residential Parenting Program and the Mothers and
Infants Nurturing Together Program to ensure that all incarcerated
persons who have given birth while in the custody of the Bureau of
Prisons have access to both programs, except in limited circumstances
where the female incarcerated person presents a risk of danger to
herself or others, and without regard to citizenship status or criminal
charge.
(c) Review of Exclusions.--In the case of a female incarcerated
person who has been pregnant or given birth while in the custody of the
Bureau of Prisons, and has been excluded from participation in the
Washington State Department of Corrections' Residential Parenting
Program and the Mothers and Infants Nurturing Together Program
eligibility, such exclusion shall be reviewed by the Director of the
Women and Special Populations Branch, or the Director's designee who
must be a licensed psychologist.
(d) Reports.--Beginning on the date that is 1 year after the date
of enactment of this title, and annually thereafter, the Attorney
General shall submit a report to the Committees on the Judiciary of the
Senate and the House of Representatives and the Subcommittees on
Commerce, Justice, Science, and Related Agencies of the Committees on
Appropriations of the Senate and the House of Representatives that
contains the following information about the Washington State
Department of Corrections' Residential Parenting Program and the
Mothers and Infants Nurturing Together Program:
(1) The number of women who have been pregnant or given
birth while in the custody of the Bureau of Prisons.
(2) The number of women who participate in the Washington
State Department of Corrections' Residential Parenting Program
and the Mothers and Infants Nurturing Together Program,
including--
(A) the number of participants who start each
program; and
(B) the number of participants who complete each
program.
(3) For all incarcerated persons who enter each program and
do not complete each program, the reasons for failure to
complete the program.
(4) The number of available, unused program participation
incarcerated person spaces.
(5) The number of female incarcerated persons who have been
pregnant or given birth while in the custody of the Bureau of
Prisons who have been excluded from participation in the
programs by the Bureau of Prisons or personal preference, and
the reasons for such exclusion.
SEC. 611. REPORT ON FAILURE TO COMPLY WITH THE 500 MILE RULE.
Beginning on the date that is 1 year after the date of enactment of
this title, and annually thereafter, the Director of the Bureau of
Prisons shall submit a report on compliance with the requirements under
section 3621(b) of title 18, United States Code, to the Committees on
the Judiciary of the Senate and the House of Representatives and the
Subcommittees on Commerce, Justice, Science, and Related Agencies of
the Committees on Appropriations of the Senate and the House of
Representatives that contains--
(1) the number of incarcerated persons who are not placed
in a facility that is within 500 miles of their primary
residence;
(2) for each incarcerated person who is not placed in a
facility that is within 500 miles of his or her primary
residence, the reason for such placement;
(3) for each incarcerated person who is not placed in a
facility that is within 500 miles of his or her primary
residence, the number of miles from the prisoner's primary
residence to the facility where such prisoner is placed; and
(4) for each incarcerated person who is not placed at a
facility within 500 miles of his or her primary residence,
whether such incarcerated person has received any visits in the
previous calendar year, and if so, how many.
SEC. 612. GAO STUDY ON REPRESENTATION IN THE BUREAU OF PRISONS.
The Comptroller General of the United States shall conduct a study
of the best practices as of the date of enactment of this Act in
recruiting and retaining women as correctional officers within the
Bureau of Prisons. This report shall also include practices which have
been counterproductive to any such effort. Additionally the report
shall detail the demographics of the Bureau workforce as of the date of
the study, disaggregated by age, racial, ethnic, and gender
composition.
SEC. 613. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this title
$5,000,000 for each of fiscal years 2023 through 2027. Not less than 30
percent of such funding shall be used for salaries and benefits and
increased employment mandates as provided under this title.
TITLE VII--GENDER-INFORMED REENTRY REFORM
SEC. 701. FOCUS ON WOMEN AT RESIDENTIAL REENTRY CENTERS AND IN
COMMUNITY CONFINEMENT.
The Director shall ensure that placement of incarcerated persons
into prerelease custody through community confinement, which shall
include residential reentry centers, community treatment centers,
halfway houses, restitution centers, mental health facilities, alcohol
or drug rehabilitation centers, or other community correctional
facilities, shall--
(1) in the case of an incarcerated person who is a
custodial parent of a minor child, permit the visitation with
such child or residence with such child;
(2) shall ensure that such placement provides adequate
gender-appropriate hygiene, healthcare, and nutrition needs;
and
(3) in the case of an incarcerated person who is a victim
of domestic violence, dating violence, sexual assault, that
such incarcerated person be permitted the ability to reside in
a safe, and if necessary confidential, community confinement
dwelling.
SEC. 702. FOCUSING SUPERVISION ON THE REHABILITATION OF WOMEN.
(a) Training Requirement.--The Chief United States Probation
Officer shall ensure that all training for probation officers shall
include--
(1) that all individuals enrolled in the academy fulfill a
training session on gender-informed supervision practices; and
(2) gender-informed supervision practices shall include
evidence-based training on the specific needs of women who
enter the justice system and have been incarcerated, and shall
include training on trauma, sexual and physical abuse, family
issues, physical and mental health issues, hygiene issues,
racial disparities in the arrests of and law enforcement
contacts with women, and issues related to the supervision and
arrest of parents, including the identification and appropriate
responses to a child, present or not present, whose parent is
supervised, arrested, searched, or otherwise, in order to help
minimize potential trauma and support a child's physical safety
and well-being.
(b) Successful Rehabiliation.--Section 3603(3) of title 18, United
States Code, is amended by striking ``to aid a probationer or a person
on supervised release who is under his supervision, and to bring about
improvements in his conduct and condition'' and inserting ``to effect
the successful rehabilitation and reintegration of a probationer or a
person on supervised release into society, using trauma-informed and
restorative techniques with an understanding of the collateral
consequences of conviction''.
SEC. 703. GENDER-RESPONSIVE MODIFICATION OF SUPERVISED RELEASE
RESTRICTIONS.
Section 3583 of title 18, United States Code, is amended--
(1) in subsection (e), by inserting ``and after
consideration of any basis for difficulty in compliance by the
defendant, including parental obligations, poverty, substance
use disorders, mental health disorders, or otherwise'' after
``(a)(7)''; and
(2) in subsection (g)--
(A) in paragraph (2), by inserting ``or'' at the
end;
(B) in paragraph (3), by striking ``or''; and
(C) by striking paragraph (4).
TITLE VIII--DEFINITIONS
SEC. 801. DEFINITIONS.
In this Act, the terms ``gender-responsive'', ``trauma-informed'',
and ``victim-centered'' as used within this Act shall have the meanings
given such terms in rules made by the Substance Abuse and Mental Health
Services Administration.
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