[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9494 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 9494
To improve the treatment of Federal prisoners who are primary caretaker
parents, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 12, 2022
Ms. Jayapal introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To improve the treatment of Federal prisoners who are primary caretaker
parents, 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 ``Dignity Act''.
SEC. 2. IMPROVING THE TREATMENT OF PRIMARY CARETAKER PARENTS AND OTHER
INDIVIDUALS IN FEDERAL PRISONS.
Section 4051 of title 18, United States Code, is amended by adding
at the end the following:
``(i) Visitation Rules.--The Director shall promulgate regulations
for visitation between prisoners who are primary caretaker parents and
their family members under which--
``(1) a prisoner may receive visits not fewer than 6 days
per week, which shall include Saturday and Sunday;
``(2) a covered institution shall be open for visitation
for not fewer than 8 hours per day;
``(3) a prisoner may have up to 5 adult visitors and an
unlimited number of child visitors per visit; and
``(4) a prisoner may have physical contact with visitors
unless the prisoner presents an immediate physical danger to
the visitors.
``(j) Ombudsman.--The Attorney General shall designate an ombudsman
to oversee and monitor, with respect to covered institutions--
``(1) prisoner transportation;
``(2) use of segregated housing;
``(3) strip searches of prisoners; and
``(4) civil rights violations.
``(k) Telecommunications.--
``(1) In general.--The Director--
``(A) may not charge a fee for a telephone call
made by a prisoner; and
``(B) shall make videoconferencing available to
prisoners in each covered institution free of charge.
``(2) Rule of construction.--Nothing in paragraph (1)(B)
shall be construed to authorize the Director to use
videoconferencing as a substitute for in-person visits.
``(l) Use of Sex-Appropriate Correctional Officers.--
``(1) Regulations.--The Director shall make rules under
which--
``(A) a correctional officer may not conduct a
strip search of a prisoner of the opposite sex unless--
``(i) the prisoner presents a risk of
immediate harm to the prisoner or others, and
no other correctional officer of the same sex
as the prisoner, or medical staff, is available
to assist; or
``(ii) the prisoner has previously
requested that an officer of a different sex
conduct searches;
``(B) a correctional officer may not enter a
restroom reserved for prisoners of the opposite sex
unless--
``(i) a prisoner in the restroom presents a
risk of immediate harm to the prisoner or
others; or
``(ii) there is a medical emergency in the
restroom and no other correctional officer of
the appropriate sex is available to assist;
``(C) a transgender prisoner's sex shall be
determined according to the sex with which the prisoner
identifies; and
``(D) a correctional officer may not search or
physically examine a prisoner for the sole purpose of
determining the prisoner's genital status or sex.
``(2) Relation to other laws.--Nothing in paragraph (1)
shall be construed to affect the requirements under the Prison
Rape Elimination Act of 2003 (34 U.S.C. 30301 et seq.).''.
SEC. 3. OVERNIGHT VISIT PILOT PROGRAM.
(a) Definitions.--In this section--
(1) the term ``Director'' means the Director of the Bureau
of Prisons;
(2) the term ``primary caretaker parent'' has the meaning
given the term in section 31903 of the Family United
Demonstration Project Act (34 U.S.C. 12242); and
(3) the term ``prisoner'' means an individual who is
incarcerated in a Federal penal or correctional institution.
(b) Pilot Program.--The Director shall carry out a pilot program
under which prisoners who are primary caretaker parents and meet
eligibility criteria established by the Director may receive overnight
visits from family members.
(c) Eligibility Criteria.--In establishing eligibility criteria for
the pilot program under subsection (b), the Director shall--
(1) require that a prisoner have displayed good behavior;
and
(2) prohibit participation by any prisoner who has been
convicted of a crime of violence (as defined in section 16 of
title 18, United States Code).
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