[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4060 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
2d Session
S. 4060
To improve maternal health policies in correctional facilities, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 22, 2024
Mr. Booker (for himself, Mr. Durbin, and Ms. Hirono) introduced the
following bill; which was read twice and referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To improve maternal health policies in correctional facilities, 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. ENDING THE SHACKLING OF PREGNANT INDIVIDUALS.
(a) In General.--Beginning on the date that is 180 days after the
date of enactment of this Act, and annually thereafter, for each State
that receives 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
Assistance 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 correctional facilities 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. 3. CREATING MODEL PROGRAMS FOR THE CARE OF INCARCERATED
INDIVIDUALS IN THE PRENATAL AND POSTPARTUM PERIODS.
(a) In General.--
(1) 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 Prisons (referred to in this section
as the ``Director''), shall establish, in not fewer than 6
Bureau of Prisons facilities, programs to optimize maternal
health outcomes for pregnant and postpartum individuals
incarcerated in such facilities.
(2) Consultation with stakeholders.--The Attorney General
shall establish such programs in consultation with stakeholders
such as--
(A) relevant community-based organizations,
particularly organizations that represent incarcerated
and formerly incarcerated individuals and organizations
that seek to improve maternal health outcomes for
pregnant and postpartum individuals from demographic
groups with elevated rates of maternal mortality,
severe maternal morbidity, maternal health disparities,
or other adverse perinatal or childbirth outcomes;
(B) relevant organizations representing patients,
with a particular focus on patients from demographic
groups with elevated rates of maternal mortality,
severe maternal morbidity, maternal health disparities,
or other adverse perinatal or childbirth outcomes;
(C) organizations representing maternity care
providers and maternal health care education programs;
(D) perinatal health workers; and
(E) researchers and policy experts in fields
related to maternal health care for incarcerated
individuals.
(b) Start Date.--A facility selected under subsection (a) shall
begin the programs described in subsection (e) 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 individuals from demographic
groups with elevated rates of maternal mortality, severe
maternal morbidity, maternal health disparities, or other
adverse perinatal or childbirth outcomes; 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 subsection
(e) shall be carried out 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 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 to ensure that pregnant
incarcerated individuals receive safe and respectful treatment;
(4) train medical personnel to ensure that pregnant
incarcerated individuals receive trauma-informed, culturally
and linguistically congruent care that promotes the health and
safety of the pregnant individuals;
(5) provide counseling and treatment for individuals who
have suffered from--
(A) diagnosed mental or behavioral health
conditions, including trauma and substance use
disorders;
(B) trauma or violence, including domestic
violence;
(C) human immunodeficiency virus;
(D) sexual abuse;
(E) pregnancy or infant loss; or
(F) chronic conditions;
(6) provide evidence-based pregnancy and childbirth
education, parenting support, and other relevant forms of
health literacy;
(7) provide clinical education opportunities to maternity
care providers in training to expand pathways into maternal
health care careers serving incarcerated individuals;
(8) 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;
(9) provide reentry assistance, particularly to--
(A) ensure access to health insurance coverage and
transfer of health records to community providers 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, substance use disorder
treatments, and social services that address social
determinants of maternal health; or
(10) 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, including--
(A) evidence-based childbirth education or
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 facility selected under
subsection (a) 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, 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 in the
facility, including data stratified by race, ethnicity,
sex, gender, primary language, 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 and morbidity, rates of preterm births and
low-birthweight births, 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 and quantitative
evaluations from pregnant and postpartum incarcerated
individuals who participated in such programs,
including measures of patient-reported experience of
care; and
(C) strategies to sustain such programs after
fiscal year 2029 and expand such programs to other
facilities.
(g) Report.--Not later than 6 years after the date of enactment of
this Act, the Director shall submit to the Attorney General and
Congress 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 2025 through 2029.
SEC. 4. GRANT PROGRAM TO IMPROVE MATERNAL HEALTH OUTCOMES FOR
INDIVIDUALS IN STATE AND LOCAL CORRECTIONAL FACILITIES.
(a) In General.--
(1) 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 (referred to in
this section as the ``Director''), shall award Justice for
Incarcerated Moms grants to States to establish or expand
programs in State and local correctional facilities for
pregnant and postpartum incarcerated individuals.
(2) Consultation with stakeholders.--The Attorney General
shall award such grants in consultation with stakeholders such
as--
(A) relevant community-based organizations,
particularly organizations that represent incarcerated
and formerly incarcerated individuals and organizations
that seek to improve maternal health outcomes for
pregnant and postpartum individuals from demographic
groups with elevated rates of maternal mortality,
severe maternal morbidity, maternal health disparities,
or other adverse perinatal or childbirth outcomes;
(B) relevant organizations representing patients,
with a particular focus on patients from demographic
groups with elevated rates of maternal mortality,
severe maternal morbidity, maternal health disparities,
or other adverse perinatal or childbirth outcomes;
(C) organizations representing maternity care
providers and maternal health care education programs;
(D) perinatal health workers; and
(E) researchers and policy experts in fields
related to maternal health care for incarcerated
individuals.
(b) Applications.--Each applicant for a grant under this section
shall submit to the Director 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 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 to ensure that pregnant
incarcerated individuals receive safe and respectful treatment;
(4) train medical personnel to ensure that pregnant
incarcerated individuals receive trauma-informed, culturally
and linguistically congruent care that promotes the health and
safety of the pregnant individuals;
(5) provide counseling and treatment for individuals who
have suffered from--
(A) diagnosed mental or behavioral health
conditions, including trauma and substance use
disorders;
(B) trauma or violence, including domestic
violence;
(C) human immunodeficiency virus;
(D) sexual abuse;
(E) pregnancy or infant loss; or
(F) chronic conditions;
(6) provide evidence-based pregnancy and childbirth
education, parenting support, and other relevant forms of
health literacy;
(7) provide clinical education opportunities to maternity
care providers in training to expand pathways into maternal
health care careers serving incarcerated individuals;
(8) 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;
(9) provide reentry assistance, particularly to--
(A) ensure access to health insurance coverage and
transfer of health records to community providers 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, substance use disorder
treatments, and social services that address social
determinants of maternal health; or
(10) 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, including--
(A) evidence-based childbirth education or
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
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 individuals from demographic
groups with elevated rates of maternal mortality, severe
maternal morbidity, maternal health disparities, or other
adverse perinatal or childbirth outcomes; and
(2) the extent to which the State has demonstrated a
commitment to developing exemplary programs for pregnant and
postpartum individuals incarcerated in the correctional
facilities in the State.
(e) Grant Duration.--A grant awarded under this section shall be
for a period of 5 years.
(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 reporting results of such program to the Attorney
General, including information describing--
(A) relevant quantitative indicators of the success
of the program in improving the standard of care and
health outcomes for pregnant and postpartum
incarcerated individuals in the facility, including
data stratified by race, ethnicity, sex, gender,
primary language, 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 and morbidity, rates of preterm births and
low-birthweight births, 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 and quantitative
evaluations from pregnant and postpartum incarcerated
individuals who participated in such programs,
including measures of patient-reported experience of
care; and
(C) strategies to sustain such programs beyond the
duration of the grant and expand such programs to other
facilities.
(g) Report.--Not later than 6 years after the date of enactment of
this Act, the Attorney General shall submit to Congress a report
describing the results of programs carried out using grants under this
subsection.
(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 2025 through 2029.
SEC. 5. 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 and infant health outcomes
among incarcerated individuals and infants born to such individuals,
with a particular focus on racial and ethnic disparities in maternal
and infant health outcomes for incarcerated individuals.
(b) Contents of Report.--The report described in subsection (a)
shall include--
(1) to the extent practicable, for the available data for
the 10 years preceding the date of the report--
(A) the number of pregnant individuals who are
incarcerated in Bureau of Prisons facilities;
(B) the number of incarcerated individuals,
including those incarcerated in Federal, State, and
local correctional facilities, who have experienced a
pregnancy-related death, pregnancy-associated death, or
the death of an infant;
(C) the number of cases of severe maternal
morbidity among incarcerated individuals, including
those incarcerated in Federal, State, and local
correctional facilities;
(D) the number of stillbirths, miscarriages, and
other adverse pregnancy outcomes experienced by
incarcerated individuals, including those incarcerated
in Federal, State, and local correctional facilities;
(E) the number of pregnant incarcerated
individuals, including those incarcerated in Federal,
State, and local correctional facilities, receiving
prenatal care;
(F) the number of preterm and low-birthweight
births of infants born to incarcerated individuals,
including those incarcerated in Federal, State, and
local correctional facilities; and
(G) 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 correctional facilities;
(2) in the case that the Comptroller General of the United
States is unable determine the information required under
paragraph (1), 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 correctional facilities;
(3) 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.), including information
about--
(A) the effects of such ineligibility on maternal
health outcomes for pregnant and postpartum
incarcerated individuals, with emphasis given to such
effects for pregnant and postpartum individuals from
racial and ethnic minority groups; and
(B) potential implications on maternal health
outcomes resulting from temporarily suspending, rather
than permanently terminating, such eligibility when a
pregnant or postpartum individual is incarcerated;
(4) the extent to which Federal, State, and local
correctional facilities are holding pregnant and postpartum
individuals who test positive for illicit drug use in detention
with special conditions, such as additional bond requirements,
due to drug use by the individual, and the effect of such
detention policies on maternal and infant health outcomes;
(5) causes of adverse maternal health outcomes that are
unique to incarcerated individuals, including those
incarcerated in Federal, State, and local correctional
facilities;
(6) causes of adverse maternal health outcomes and severe
maternal morbidity that are unique to incarcerated individuals
from racial and ethnic minority groups;
(7) 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 correctional facilities; and
(8) 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.
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