II 

117TH CONGRESS 

2D SESSION S. 5027 

To address the health needs of incarcerated women related to pregnancy 

and childbirth, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 29, 2022 

Ms. KLOBUCHAR (for herself and Ms. COLLINS) introduced the following bill; 

which was read twice and referred to the Committee on the Judiciary 

A BILL 

To address the health needs of incarcerated women related 

to pregnancy and childbirth, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Protecting the Health 

5 and Wellness of Babies and Pregnant Women in Custody 

6 Act’’. 

7 SEC. 2. DEFINITIONS. 

8 In this Act: 

9 (1) IN CUSTODY.—The term ‘‘in custody’’, with 

10 respect to an individual, means that the individual is 


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1 under the supervision of a Federal, State, Tribal, or 

2 local correctional facility, including a pretrial, juve3 nile, medical, or mental health facility and a facility 

4 operated under a contract with the Federal Govern5 ment or a State, Tribal, or local government. 

6 (2) OTHER PREGNANCY OUTCOME.—The term 

7 ‘‘other pregnancy outcome’’ means a pregnancy that 

8 ends in stillbirth, miscarriage, or ectopic pregnancy. 

9 (3) POSTPARTUM RECOVERY.—The term 

10 ‘‘postpartum recovery’’ has the meaning given that 

11 term in section 4051(c) of title 18, United States 

12 Code, as added by this Act. 

13 (4) RESTRAINTS.—The term ‘‘restraints’’ 

14 means any physical or mechanical device used to 

15 control the movement of an incarcerated pregnant 

16 woman’s body, limbs, or both. 

17 (5) RESTRICTIVE HOUSING.—The term ‘‘re18 strictive housing’’ has the meaning given that term 

19 in section 4322 of title 18, United States Code, as 

20 added by this Act. 

21 SEC. 3. DATA COLLECTION. 

22 (a) IN GENERAL.—Beginning not later than 1 year 

23 after the date of enactment of this Act, pursuant to the 

24 authority under section 302 of title I of the Omnibus 

25 Crime Control and Safe Streets Act of 1968 (34 U.S.C. 


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1 10132), the Director of the Bureau of Justice Statistics 

2 shall include in the National Prisoner Statistics Program 

3 and Annual Survey of Jails statistics relating to the health 

4 needs of incarcerated pregnant women in the criminal jus5 tice system at the Federal, State, Tribal, and local levels, 

6 including— 

7 (1) demographic and other information about 

8 incarcerated women who are pregnant, in labor, or 

9 in postpartum recovery, including the race, ethnicity, 

10 and age of the woman; 

11 (2) the provision of pregnancy care and services 

12 provided for such women, including— 

13 (A) whether prenatal, delivery, and post14 delivery check-up visits were scheduled and pro15 vided; 

16 (B) whether a social worker, psychologist, 

17 doula or other support person was offered and 

18 provided during pregnancy and delivery and 

19 post-delivery; 

20 (C) whether a pregnancy or parenting pro21 gram was offered and provided during preg22 nancy; 

23 (D) whether a nursery or residential pro24 gram to keep mothers and infants together 


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1 post-delivery was offered and whether such a 

2 nursery or residential program was provided; 

3 (E) the number of days the mother stayed 

4 in the hospital post-delivery; 

5 (F) the number of days the infant re6 mained with the mother post-delivery; and 

7 (G) the number of days the infant re8 mained in the hospital after the mother was 

9 discharged; 

10 (3) the location of the nearest hospital with a 

11 licensed obstetrician-gynecologist in proximity to 

12 where the incarcerated pregnant woman is housed 

13 and the length of travel required to transport the 

14 woman; 

15 (4) whether a written policy or protocol is in 

16 place— 

17 (A) to respond to unexpected childbirth, 

18 labor, deliveries, or medical complications re19 lated to the pregnancies of incarcerated preg20 nant women; and 

21 (B) for incarcerated pregnant women expe22 riencing labor or medical complications related 

23 to pregnancy outside of a hospital; 


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1 (5) the number of incarcerated women who are 

2 determined by a health care professional to have a 

3 high-risk pregnancy; 

4 (6) the total number of incarcerated pregnant 

5 women and the number of incarcerated women who 

6 became pregnant while incarcerated; 

7 (7) the number of incidents in which an incar8 cerated woman who is pregnant, in labor, or in 

9 postpartum recovery is placed in restrictive housing, 

10 the reason for such restriction or placement, and the 

11 circumstances under which each incident occurred, 

12 including the duration of time in restrictive housing, 

13 during— 

14 (A) pregnancy; 

15 (B) labor; 

16 (C) delivery; 

17 (D) postpartum recovery; and 

18 (E) the 6-month period after delivery; and 

19 (8) the disposition of the custody of the infant 

20 post-delivery. 

21 (b) PERSONALLY IDENTIFIABLE INFORMATION.— 

22 Data collected under this section may not contain any per23 sonally identifiable information of any incarcerated preg24 nant woman or woman in postpartum recovery. 


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1 SEC. 4. CARE FOR FEDERALLY INCARCERATED WOMEN RE2 LATED TO PREGNANCY AND CHILDBIRTH. 

3 (a) IN GENERAL.—The Director of the Bureau of 

4 Prisons shall ensure that appropriate services and pro5 grams, as described in subsection (b), are provided to 

6 women in custody, to address the health and safety needs 

7 of such women related to pregnancy and childbirth. The 

8 warden of each Bureau of Prisons facility that houses 

9 women shall ensure that these services and programs are 

10 implemented for women in custody at that facility. 

11 (b) SERVICES AND PROGRAMS PROVIDED.—The serv12 ices and programs described in this subsection are the fol13 lowing: 

14 (1) ACCESS TO COMPLETE APPROPRIATE

15 HEALTH SERVICES FOR THE LIFE CYCLE OF

16 WOMEN.—The Director of the Bureau of Prisons— 

17 (A) shall provide to each woman in cus18 tody— 

19 (i) pregnancy testing and testing for 

20 sexually transmitted diseases; and 

21 (ii) the option to decline such testing; 

22 and 

23 (B) at an inmate’s request, shall provide 

24 contraception. 

25 (2) COMPLIANCE WITH PROTOCOLS RELATING

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1 tion of the pregnancy of a woman in custody by clin2 ical diagnostics and assessment, the chief health 

3 care professional of the Bureau of Prisons facility in 

4 which the woman is housed shall ensure that— 

5 (A) a summary of all appropriate protocols 

6 directly pertaining to the safety and well-being 

7 of the woman are provided to the woman; 

8 (B) such protocols are complied with; and 

9 (C) such protocols include an assessment 

10 of undue safety risks and necessary changes to 

11 accommodate the woman where and when ap12 propriate, as it relates to— 

13 (i) housing or transfer to a lower 

14 bunk for safety reasons; 

15 (ii) appropriate bedding or clothing to 

16 respond to the woman’s changing physical 

17 requirements and the temperature in hous18 ing units; 

19 (iii) regular access to water and bath20 rooms; 

21 (iv) a diet that— 

22 (I) complies with the nutritional 

23 standards established by the Secretary 

24 of Agriculture and the Secretary of 

25 Health and Human Services in the 


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1 Dietary Guidelines for Americans re2 port published pursuant to section 

3 301(a)(3) of the National Nutrition 

4 Monitoring and Related Research Act 

5 of 1990 (7 U.S.C. 5341(a)(3)); and 

6 (II) includes— 

7 (aa) any appropriate dietary 

8 supplement, including prenatal 

9 vitamins; 

10 (bb) timely and regular nu11 tritious meals; 

12 (cc) additional caloric con13 tent in meals provided; 

14 (dd) a prohibition on with15 holding food from the woman or 

16 serving any food that is used as 

17 a punishment, including 

18 nutraloaf or any food similar to 

19 nutraloaf that is not considered a 

20 nutritious meal; and 

21 (ee) such other modifications 

22 to the diet of the woman as the 

23 Director of the Bureau of Pris24 ons determines to be necessary 

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1 retary of Health and Human 

2 Services and consideration of 

3 such recommendations as the 

4 Secretary may provide; 

5 (v) modified recreation and transpor6 tation, in accordance with standards within 

7 the obstetrical and gynecological care com8 munity, to prevent overexertion or pro9 longed periods of inactivity; and 

10 (vi) such other changes to living con11 ditions as the Director of the Bureau of 

12 Prisons may require after consultation 

13 with the Secretary of Health and Human 

14 Services and consideration of such rec15 ommendations as the Secretary may pro16 vide. 

17 (3) EDUCATION AND SUPPORT SERVICES.— 

18 (A) PREGNANCY IN CUSTODY.—A woman 

19 who is pregnant at intake or who becomes preg20 nant while in custody shall, not later than 14 

21 days after the pregnant woman notifies a Bu22 reau of Prisons official of the pregnancy, re23 ceive prenatal education, counseling, and birth 

24 support services provided by a provider trained 

25 to provide such services, including— 


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1 (i) information about the parental 

2 rights of the woman, including the right to 

3 place the child in kinship care, and notice 

4 of the rights of the child; 

5 (ii) information about family preserva6 tion support services that are available to 

7 the woman; 

8 (iii) information about the nutritional 

9 standards referred to in paragraph 

10 (2)(C)(iv); 

11 (iv) information pertaining to the 

12 health and safety risks of pregnancy, child13 birth, and parenting, including postpartum 

14 depression; 

15 (v) information on breast-feeding, lac16 tation, and breast health; 

17 (vi) appropriate educational materials, 

18 resources, and services related to preg19 nancy, childbirth, and parenting; 

20 (vii) information and notification serv21 ices for incarcerated parents regarding the 

22 risk of debt repayment obligations associ23 ated with their child’s participation in so24 cial welfare programs, including assistance 

25 under any State program funded under 


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1 part A of title IV of the Social Security 

2 Act (42 U.S.C. 601 et seq.) or benefits 

3 under the supplemental nutrition assist4 ance program, as defined in section 3 of 

5 the Food and Nutrition Act of 2008 (7 

6 U.S.C. 2012), or any State program car7 ried out under that Act; and 

8 (viii) information from the Office of 

9 Child Support Enforcement of the Depart10 ment of Health and Human Services re11 garding seeking or modifying child support 

12 while incarcerated, including how to par13 ticipate in the Bureau of Prison’s Inmate 

14 Financial Responsibility Program under 

15 subpart B of part 545 of title 28, Code of 

16 Federal Regulations (or any successor pro17 gram). 

18 (B) BIRTH WHILE IN CUSTODY OR PRIOR

19 TO CUSTODY.—A woman who, while in custody 

20 or during the 6-month period immediately pre21 ceding intake, gave birth or experienced any 

22 other pregnancy outcome shall receive coun23 seling provided by a licensed or certified pro24 vider trained to provide such services, includ25 ing— 


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1 (i) information about the parental 

2 rights of the woman, including the right to 

3 place the child in kinship care, and notice 

4 of the rights of the child; and 

5 (ii) information about family preserva6 tion support services that are available to 

7 the woman. 

8 (4) EVALUATIONS.— 

9 (A) IN GENERAL.—Each woman in custody 

10 who is pregnant or whose pregnancy results in 

11 a birth or any other pregnancy outcome during 

12 the 6-month period immediately preceding in13 take or any time in custody thereafter shall be 

14 evaluated as soon as practicable after intake or 

15 confirmation of pregnancy through evidence16 based screening and assessment for substance 

17 use disorders or mental health conditions, in18 cluding postpartum depression or depression re19 lated to pregnancy, birth, or any other preg20 nancy outcome or early child care. 

21 (B) RISK FACTORS.—Screening under sub22 paragraph (A) shall include identification of 

23 any of the following risk factors: 

24 (i) An existing mental or physical 

25 health condition or substance use disorder. 


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1 (ii) Being underweight or overweight. 

2 (iii) Multiple births or a previous still 

3 birth. 

4 (iv) A history of preeclampsia. 

5 (v) A previous Caesarean section. 

6 (vi) A previous miscarriage. 

7 (vii) Being older than 35 or younger 

8 than 15. 

9 (viii) Being diagnosed with the human 

10 immunodeficiency virus, hepatitis, diabetes, 

11 or hypertension. 

12 (ix) Such other risk factors as the 

13 chief health care professional of the Bu14 reau of Prisons facility that house the 

15 woman may determine to be appropriate. 

16 (5) UNEXPECTED BIRTHS RULEMAKING.—The 

17 Director of the Bureau of Prisons shall provide serv18 ices to respond to unexpected childbirth deliveries, 

19 labor complications, and medical complications re20 lated to pregnancy if a woman in custody is unable 

21 to access a hospital in a timely manner in accord22 ance with rules promulgated by the Attorney Gen23 eral, which shall be promulgated not later than 180 

24 days after the date of enactment of this Act. 


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1 (6) TREATMENT.—The Director of the Bureau 

2 of Prisons shall use best efforts to provide a woman 

3 in custody who is pregnant and diagnosed with hav4 ing a substance use disorder or a mental health dis5 order with appropriate evidence-based treatment. 

6 SEC. 5. USE OF RESTRICTIVE HOUSING ON INCARCERATED 

7 PREGNANT WOMEN DURING PREGNANCY, 

8 LABOR, AND POSTPARTUM RECOVERY PRO9 HIBITED. 

10 (a) IN GENERAL.—Section 4322 of title 18, United 

11 States Code, is amended to read as follows: 

12 ‘‘§ 4322. Use of restrictive housing on incarcerated 

13 women during the period of pregnancy, 

14 labor, and postpartum recovery prohib15 ited 

16 ‘‘(a) PROHIBITION.—Except as provided in sub17 section (b), during the period beginning on the date on 

18 which pregnancy is confirmed by a health care professional 

19 and ending not earlier than 12 weeks after delivery, an 

20 incarcerated woman in the custody of the Bureau of Pris21 ons, or in the custody of the United States Marshals Serv22 ice pursuant to section 4086, shall not be held in restric23 tive housing. 

24 ‘‘(b) EXCEPTIONS.— 


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1 ‘‘(1) RESTRICTIVE HOUSING.—Subject to para2 graph (4), the prohibition under subsection (a) relat3 ing to restrictive housing shall not apply if the Di4 rector of the Bureau of Prisons or a senior Bureau 

5 of Prisons official overseeing women’s health and 

6 services, in consultation with senior officials in 

7 health services, makes an individualized determina8 tion that restrictive housing is required as a tem9 porary response to behavior that poses a serious and 

10 immediate risk of physical harm. 

11 ‘‘(2) REVIEW.—The official who makes a deter12 mination under subparagraph (A) shall review such 

13 determination daily for the purpose of removing an 

14 incarcerated woman as quickly as feasible from re15 strictive housing. 

16 ‘‘(3) RESTRICTIVE HOUSING PLAN.—The offi17 cial who makes a determination under subparagraph 

18 (A) shall develop an individualized plan to move an 

19 incarcerated woman to less restrictive housing within 

20 a reasonable amount of time. 

21 ‘‘(4) PROHIBITION ON SOLITARY CONFINE22 MENT.—An incarcerated woman who is placed in re23 strictive housing under this subsection may not be 

24 placed in solitary confinement if the incarcerated 

25 woman is in her third trimester. 


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1 ‘‘(c) REPORTS.— 

2 ‘‘(1) REPORT TO DIRECTORS AND HEALTH

3 CARE PROFESSIONAL AFTER PLACEMENT IN RE4 STRICTIVE HOUSING.—Not later than 30 days after 

5 the date on which an incarcerated woman is placed 

6 in restrictive housing under subsection (b), the ap7 plicable official identified in subsection (b)(1), cor8 rectional officer, or United States Marshal shall sub9 mit to the Director of the Bureau of Prisons or the 

10 Director of the United States Marshals Service, as 

11 applicable, and to the health care professional re12 sponsible for the health and safety of the woman, a 

13 written report which describes the facts and cir14 cumstances surrounding the restrictive housing 

15 placement, and includes the following: 

16 ‘‘(A) The reasoning upon which the deter17 mination for the placement was made. 

18 ‘‘(B) The details of the placement, includ19 ing length of time of placement and how fre20 quently and how many times the determination 

21 was made subsequent to the initial determina22 tion to continue the restrictive housing place23 ment. 


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1 ‘‘(C) A description of all attempts to use 

2 alternative interventions and sanctions before 

3 the restrictive housing was used. 

4 ‘‘(D) Any resulting physical effects on the 

5 woman observed by or reported by the health 

6 care professional responsible for the health and 

7 safety of the woman. 

8 ‘‘(E) Strategies the facility is putting in 

9 place to identify more appropriate alternative 

10 interventions should a similar situation arise 

11 again. 

12 ‘‘(2) REPORT TO CONGRESS.—Not later than 

13 180 days after the date of enactment of the Pro14 tecting the Health and Wellness of Babies and Preg15 nant Women in Custody Act, and every 180 days 

16 thereafter for a period of 10 years, the Attorney 

17 General shall submit to the Committee on the Judi18 ciary of the Senate and the Committee on the Judi19 ciary of the House of Representatives a report on 

20 the placement of incarcerated women in restrictive 

21 housing under subsection (b), which shall include the 

22 information described in paragraph (1). 

23 ‘‘(d) NOTICE.—Not later than 24 hours after the con24 firmation of the pregnancy of an incarcerated woman by 

25 a health care professional, that woman shall be notified, 


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1 orally and in writing, by an appropriate health care profes2 sional, correctional officer, or United States Marshal, as 

3 applicable— 

4 ‘‘(1) of the restrictions on the use of restrictive 

5 housing placements under this section; 

6 ‘‘(2) of the right of the incarcerated woman to 

7 make a confidential report of a violation of restric8 tions on the use of restrictive housing placement; 

9 and 

10 ‘‘(3) that the facility staff have been advised of 

11 all rights of the incarcerated woman under sub12 section (a). 

13 ‘‘(e) VIOLATION REPORTING PROCESS.—Not later 

14 than 180 days after the date of enactment of the Pro15 tecting the Health and Wellness of Babies and Pregnant 

16 Women in Custody Act, the Director of the Bureau of 

17 Prisons and the Director of the United States Marshals 

18 Service shall establish processes through which an incar19 cerated person may report a violation of this section. 

20 ‘‘(f) NOTIFICATION OF RIGHTS.—The warden of the 

21 Bureau of Prisons facility where a pregnant woman is in 

22 custody shall notify necessary facility staff of the preg23 nancy and of the rights of the incarcerated pregnant 

24 woman under subsection (a). 


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1 ‘‘(g) RETALIATION.—It shall be unlawful for any Bu2 reau of Prisons or United States Marshals Service em3 ployee to retaliate against an incarcerated person for re4 porting under the processes established under subsection 

5 (e) a violation of subsection (a). 

6 ‘‘(h) EDUCATION.—Not later than 90 days after the 

7 date of enactment of the Protecting the Health and 

8 Wellness of Babies and Pregnant Women in Custody Act, 

9 the Director of the Bureau of Prisons and the Director 

10 of the United States Marshals Service shall each— 

11 ‘‘(1) develop education guidelines regarding the 

12 physical and mental health needs of incarcerated 

13 pregnant women, and the use of restrictive housing 

14 placements on incarcerated women during the period 

15 of pregnancy, labor, and postpartum recovery; and 

16 ‘‘(2) incorporate such guidelines into appro17 priate education programs. 

18 ‘‘(i) DEFINITION.—In this section, the term ‘restric19 tive housing’ means any type of detention that involves— 

20 ‘‘(1) removal from the general inmate popu21 lation, whether voluntary or involuntary; 

22 ‘‘(2) placement in a locked room or cell, wheth23 er alone or with another inmate; and 

24 ‘‘(3) inability to leave the room or cell for the 

25 vast majority of the day.’’. 


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1 (b) CLERICAL AMENDMENT.—The table of sections 

2 for chapter 317 of title 18, United States Code, is amend3 ed by striking the item relating to section 4322 and insert4 ing the following: 

‘‘4322. Use of restrictive housing on incarcerated women during the period of 

pregnancy, labor, and postpartum recovery prohibited.’’. 

5 SEC. 6. TREATMENT OF WOMEN WITH HIGH-RISK PREG6 NANCIES. 

7 (a) IN GENERAL.—Chapter 303 of title 18, United 

8 States Code, is amended by adding at the end the fol9 lowing: 

10 ‘‘§ 4051. Treatment of incarcerated pregnant women 

11 ‘‘(a) HIGH-RISK PREGNANCY HEALTH CARE.—The 

12 Director of the Bureau of Prisons shall ensure that each 

13 incarcerated pregnant woman receives an evaluation to de14 termine if the pregnancy is high-risk and, if so, receives 

15 healthcare appropriate for a high-risk pregnancy, includ16 ing obstetrical and gynecological care, during pregnancy 

17 and postpartum recovery. 

18 ‘‘(b) HIGH-RISK PREGNANCIES.— 

19 ‘‘(1) IN GENERAL.—The Director of the Bureau 

20 of Prisons shall transfer to a Residential Reentry 

21 Center with adequate health care during her preg22 nancy and postpartum recovery any incarcerated 

23 woman who— 


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1 ‘‘(A) is determined by a health care profes2 sional to have a high-risk pregnancy; and 

3 ‘‘(B) agrees to be transferred. 

4 ‘‘(2) PRIORITY.—The Residential Reentry Cen5 ter to which an incarcerated pregnant woman is 

6 transferred under paragraph (1) shall, to the extent 

7 practicable, be in a geographical location that is 

8 close to the family members of the incarcerated 

9 pregnant woman. 

10 ‘‘(3) TRANSPORTATION.—To transport an in11 carcerated pregnant woman to a Residential Reentry 

12 Center, the Director of the Bureau of Prisons shall 

13 provide to the woman a mode of transportation that 

14 a healthcare professional has determined to be safe 

15 for transporting the pregnant woman. 

16 ‘‘(4) SERVICE OF SENTENCE.—Any time ac17 crued at a Residential Reentry Center or alternative 

18 housing as a result of a transfer made under this 

19 section shall be credited toward service of the incar20 cerated pregnant woman’s sentence. 

21 ‘‘(c) DEFINITIONS.—In this section: 

22 ‘‘(1) HEALTH CARE PROFESSIONAL.—The term 

23 ‘health care professional’ means— 

24 ‘‘(A) a doctor of medicine or osteopathy 

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1 ical or mental health conditions under the laws 

2 of the State in which the doctor practices and 

3 where the facility is located; 

4 ‘‘(B) any physician’s assistant or nurse 

5 practitioner who is supervised by a doctor of 

6 medicine or osteopathy described in subpara7 graph (A); or 

8 ‘‘(C) any other person determined by the 

9 Director of the Bureau of Prisons to be capable 

10 of providing health care services. 

11 ‘‘(2) HIGH-RISK PREGNANCY.—The term ‘high12 risk pregnancy’ means, with respect to an incarcer13 ated woman, that the pregnancy threatens the 

14 health or life of the woman or pregnancy, as deter15 mined by a health care professional. 

16 ‘‘(3) POSTPARTUM RECOVERY.—The term 

17 ‘postpartum recovery’ means the 3-month period be18 ginning on the date on which an incarcerated preg19 nant woman gives birth, or longer as determined by 

20 a health care professional following delivery, and 

21 shall include the entire period that the incarcerated 

22 pregnant woman is in the hospital or infirmary. 

23 ‘‘(4) RESIDENTIAL REENTRY CENTER.—The 

24 term ‘Residential Reentry Center’ means a Bureau 

25 of Prisons contracted residential reentry center.’’. 


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1 (b) CONFORMING AMENDMENT.—The table of sec2 tions for chapter 303 of title 18, United States Code, is 

3 amended by adding at the end the following: 

‘‘4051. Treatment of incarcerated pregnant women.’’. 

4 SEC. 7. REPORTING REQUIREMENT REGARDING CLAIMS 

5 FILED BY PREGNANT INMATES. 

6 The Director of the Federal Bureau of Prisons shall 

7 make publicly available on the website of the Federal Bu8 reau of Prisons on an annual basis the following informa9 tion: 

10 (1) The total number of Administrative Remedy 

11 appeals related to pregnant inmates that were filed 

12 during the previous year. 

13 (2) The total number of institution-level Re14 quests for Administrative Remedy related to preg15 nant inmates that were filed during the previous 

16 year. 

17 (3) The total number of informal requests for 

18 administrative remedy related to pregnant inmates 

19 that were filed during the previous year. 

20 (4) The total number of requests or appeals re21 lated to pregnant inmates during the previous year 

22 that were not resolved before the inmate gave birth 

23 or that were mooted because the inmate’s pregnancy 

24 ended. 


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1 (5) The average amount of time that each cat2 egory of request or appeal took to resolve during the 

3 previous year. 

4 (6) The shortest and longest amounts of time 

5 that a request or appeal in each category that was 

6 resolved in the last year took to resolve. 

7 SEC. 8. EDUCATION AND TECHNICAL ASSISTANCE. 

8 The Director of the National Institute of Corrections 

9 shall provide education and technical assistance, in con10 junction with the appropriate public agencies, at State and 

11 local correctional facilities that house women and facilities 

12 in which incarcerated women go into labor and give birth, 

13 in order to educate the employees of such facilities, includ14 ing health personnel, on the dangers and potential mental 

15 health consequences associated with the use of restrictive 

16 housing and restraints on incarcerated women during 

17 pregnancy, labor, and postpartum recovery, and on alter18 natives to the use of restraints and restrictive housing 

19 placement. 

20 SEC. 9. BUREAU OF PRISONS STAFF AND UNITED STATES 

21 MARSHALS TRAINING. 

22 (a) BUREAU OF PRISONS TRAINING.— 

23 (1) IN GENERAL.— 

24 (A) INITIAL TRAINING.—Not later than 

25 180 days after the date of enactment of this 


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1 Act, the Director of the Bureau of Prisons shall 

2 provide training to carry out the requirements 

3 of this Act and the amendments made by this 

4 Act to each correctional officer at any Bureau 

5 of Prisons facility that houses women who is 

6 employed on the date of enactment of this Act. 

7 (B) SUBSEQUENT TRAINING.—After the 

8 initial training provided under subparagraph 

9 (A), the Director of the Bureau of Prisons shall 

10 provide training to carry out the requirements 

11 of this Act and the amendments made by this 

12 Act twice each year to each correctional officer 

13 at any Bureau of Prisons facility that houses 

14 women. 

15 (2) NEW HIRES.— 

16 (A) DEFINITION.—In this paragraph, the 

17 term ‘‘covered new correctional officer’’ means 

18 an individual appointed to a position as a cor19 rectional officer at a Bureau of Prisons facility 

20 that houses women on or after the date that is 

21 180 days after the date of enactment of this 

22 Act. 

23 (B) TRAINING.—The Director of the Bu24 reau of Prisons shall train each covered new 

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1 ments of this Act and the amendments made by 

2 this Act not later than 30 days after the date 

3 on which the covered new correctional officer is 

4 appointed. 

5 (b) UNITED STATES MARSHALS TRAINING.— 

6 (1) IN GENERAL.—On and after the date that 

7 is 180 days after the date of enactment of this Act, 

8 the Director of the United States Marshals Service 

9 shall ensure that each Deputy United States Mar10 shal has received trained pursuant to the guidelines 

11 described in subsection (c). 

12 (2) NEW HIRES.— 

13 (A) DEFINITION.—In this paragraph, the 

14 term ‘‘new Deputy United States Marshal’’ 

15 means an individual appointed to a position as 

16 a Deputy United States Marshal after the date 

17 of enactment of this Act. 

18 (B) TRAINING.—Not later than 30 days 

19 after the date on which a new Deputy United 

20 States Marshal is appointed, the new Deputy 

21 United States Marshal shall receive training 

22 pursuant to the guidelines described in sub23 section (c). 

24 (c) GUIDELINES.— 


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1 (1) IN GENERAL.—The Director of the Bureau 

2 of Prisons and the United States Marshals Service 

3 shall each develop guidelines on the treatment of in4 carcerated women during pregnancy, labor, and 

5 postpartum recovery and incorporate such guidelines 

6 in the training required under this section. 

7 (2) CONTENTS.—The guidelines developed 

8 under paragraph (1) shall include guidance on— 

9 (A) the transportation of incarcerated 

10 pregnant women; 

11 (B) housing of incarcerated pregnant 

12 women; 

13 (C) nutritional requirements for incarcer14 ated pregnant women; and 

15 (D) the right of a health care professional 

16 to request that restraints not be used. 

17 SEC. 10. GAO STUDY ON STATE AND LOCAL CORRECTIONAL 

18 FACILITIES. 

19 The Comptroller General of the United States shall 

20 conduct a study of services and protections provided for 

21 pregnant incarcerated women in local and State correc22 tional settings, including— 

23 (1) policies on— 

24 (A) obstetrical and gynecological care; 


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1 (B) education on nutritional issues and 

2 health and safety risks associated with preg3 nancy; 

4 (C) mental health and substance use treat5 ment; 

6 (D) access to prenatal and post-delivery 

7 support services and programs; and 

8 (E) the use of restraints and restrictive 

9 housing placement; and 

10 (2) the extent to which the intent of such poli11 cies is fulfilled. 

12 SEC. 11. GAO STUDY ON FEDERAL PRETRIAL DETENTION 

13 FACILITIES. 

14 (a) STUDY.—The Comptroller General of the United 

15 States shall conduct a study of services and protections 

16 provided for pregnant women who are incarcerated in Fed17 eral pretrial detention facilities, which shall examine— 

18 (1) what available data indicate about pregnant 

19 women detained or held in Federal pretrial detention 

20 facilities; 

21 (2) existing United States Marshals Service 

22 policies and standards that address the care of preg23 nant women in Federal pretrial detention facilities; 

24 and 


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1 (3) what is known about the care provided to 

2 pregnant women in Federal pretrial detention facili3 ties. 

4 (b) REPORT AND BEST PRACTICES.—Not later than 

5 2 years after the date of enactment of this Act, the Comp6 troller General shall submit to the Committee on the Judi7 ciary of the Senate and the Committee on the Judiciary 

8 of the House of Representatives a report of the results 

9 of the study conducted under subsection (a), which shall— 

10 (1) identify best practices for ensuring that 

11 Federal pretrial detention facilities implement serv12 ices and protections for pregnant women consistent 

13 with this Act and the amendments made by this Act; 

14 and 

15 (2) provide recommendations on how to imple16 ment these best practices among all Federal pretrial 

17 detention facilities. 

18 (c) DEFINITION.—For purposes of this section, the 

19 term ‘‘Federal pretrial detention facilities’’ includes State, 

20 local, private, or other facilities under contract with the 

21 United States Marshals Service for the purpose of housing 

22 Federal pretrial detainees. 

23 SEC. 12. DETERMINATION OF BUDGETARY EFFECTS. 

24 The budgetary effects of this Act, for the purpose of 

25 complying with the Statutory Pay-As-You-Go Act of 2010, 


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1 shall be determined by reference to the latest statement 

2 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 

3 Act, submitted for printing in the Congressional Record 

4 by the Chairman of the Senate Budget Committee, pro5 vided that such statement has been submitted prior to the 

6 vote on passage. 

Æ 


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